By Clint Thompson
The current lawsuit against the Department of Labor (DOL) is a last resort for Georgia Fruit and Vegetable Growers Association (GFVGA), a plaintiff in a case that is challenging new worker rules proposed for the H-2A program.
Chris Butts, executive director of the GFVGA, explains his organization’s position in joining a lawsuit against the DOL. This is as much a protection for Georgia producers’ future as it is for what is happening in the present.
“As the H-2A program continues to grow and Georgia growers continue to utilize it more in spite of the fact that it’s become so expensive and so burdensome from an administrative standpoint, it’s the only option we’ve got,” Butts said. “Our crops are labor intensive. We’ve got to have labor, and this is the only route we have. We’ve got to do everything we can to protect it for the future.
“We’re not seeking any damages. We simply want this new set of rules, which again we feel far exceeds the department’s authority, we would like to see those not go into effect. Long-term, we’re still looking for long-term reform to the H-2A program. I would say this is an effort at relief, but it does not take away the need for long-term reform.”
Background
These new “Worker Protection Rules” are slated to go into effect in late June and will continue to make the H-2A process prohibitively expensive and exceeds authority granted to the DOL, while adding more complex regulations to the program, according to the GFVGA press release.
The DOL is requiring employers to allow temporary foreign farm workers to form unions, a right not even granted to American farm workers, the GFVGA said. The DOL claims its authority under the Immigration Reform and Control Act, though that statue does not mention the right to form unions.