Ranking Member Cassidy, Colleagues Slam DOL’s New H-2A Rule Inserting Union Pressure on Foreign Farm Workers

WASHINGTON – Today, U.S. Senator Bill Cassidy, M.D. (R-LA), ranking member of the Senate Health, Education, Labor and Pensions (HELP) Committee, and 17 Republican senators slammed the Department of Labor’s (DOL) proposed rule that allows unions to coerce and pressure temporary foreign agriculture workers into unionization.  

The H-2A visa program allows DOL to grant visas to temporary foreign agricultural workers when there is a shortage of domestic workers. Temporary foreign agricultural workers are allowed to reside in the United States based on their working status. Congress did not authorize the unionization of farm workers to prevent labor strikes that would threaten harvests and disrupt food supply. DOL has existing regulations to ensure temporary foreign workers receive fair wages and have safe working conditions.  

Recently, DOL proposed a new rule that gives unions unprecedented access to temporary foreign agricultural workers to pressure them into unionization. Specifically, the new rule would permit union officials to participate in employee disciplinary meetings and collect their private information for an organizing campaign. It would also force farmers to allow union organizers to stay in employer-sponsored housing for workers and prohibit farmers from discussing the organizing campaign with their workers.  

The senators raised concerns that this new policy will discourage farmers from participating in the H-2A program and hamper American food production, further increasing the cost of essential food items for American families at a time of high inflation. Since President Biden took office in January 2021, the cost of bread, baby formula, and frozen fruits and vegetables are up almost 25 percent. 

“The proposed rule advances unionization on U.S. farms by making H-2A workers vulnerable to pressure. It opens these workers up to coerced unionization and deprives workers of an informed choice about whether to unionize,” wrote the senators. 

“The new DOL proposal circumvents Congress’ authority to legislate on the unionization of agricultural workers and adds unnecessary obstacles to a complicated visa process,” continued the senators. “DOL already dictates wage rates and regulates working conditions for H-2A workers. This proposed rule is unnecessary and will harm American consumers, American agriculture, and H-2A workers themselves.” 

Cassidy is joined by U.S. Senators Cindy Hyde-Smith (R-MS), John Barrasso (R-WY), Marsha Blackburn (R-TN), Kevin Cramer (R-ND), Joni Ernst (R-IA), Bill Hagerty (R-TN), John Hoeven (R-ND), Cynthia Lummis (R-WY), Roger Marshall, M.D. (R-KS), Markwayne Mullin (R-OK), James E. Risch (R-ID), Rick Scott (R-FL), Tim Scott (R-SC), John Thune (R-SD), Thom Tillis (R-NC), Tommy Tuberville (R-AL), and Roger Wicker (R-MS).

Last month, Cassidy and U.S. Senator Cindy Hyde-Smith (R-MS) urged DOL and the Department of Homeland Security (DHS) to extend the public comment period on the departments’ new H-2A regulations and allow stakeholders an additional 60 days to provide feedback. 

Read the full letter here and below. 

Dear Acting Secretary Su:

We write to oppose the Department of Labor’s (DOL) proposed regulation entitled “Improving Protections for Workers in Temporary Agricultural Employment in the United States,” Docket No. ETA-2023-0003.

DOL’s proposed regulation affecting H-2A visa holders will place an undue burden on American farmers. DOL grants H-2A visas to employers to hire temporary foreign workers to address agricultural workforce needs. Employers request these visas because they face a shortage of domestic workers. The new DOL proposal circumvents Congress’ authority to legislate on the unionization of agricultural workers and adds unnecessary obstacles to a complicated visa process. It will discourage many smaller growers from participating in the program[1] and accelerate consolidation of the U.S. agricultural industry.[2] It will also hurt American families, who are already having a hard time making ends meet.[3] Under Bidenomics, food prices have soared. Bread, baby formula, and frozen fruits and vegetables are up almost 25 percent since January 2021.[4] If this rule is adopted, food prices will increase even more.

This proposed rule uses the Immigration and Naturalization Act to allow unions to unionize temporary agricultural workers, who are allowed to reside within the United States based on their working status, and organize strikes that would threaten the disruption that Congress intended to prevent.

The proposed rule advances unionization on U.S. farms by making H-2A workers vulnerable to pressure. It opens these workers up to coerced unionization and deprives workers of an informed choice about whether to unionize. Union officials would have unprecedented access to employees. Union officials could participate in employee disciplinary meetings and collect their private information for an organizing campaign. Farmers would have to allow union organizers to stay in employer-sponsored housing for workers, agree to negotiate in “good faith” with a potential union, and agree to a de-facto gag order prohibiting the farmer from discussing the organizing campaign.

DOL already dictates wage rates and regulates working conditions for H-2A workers. This proposed rule is unnecessary and will harm American consumers, American agriculture, and H-2A workers themselves.

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