New York’s Public Employer Relations Board (PERB) certified the first farm employee union at their meeting on September 27, 2021. Local 338 of the Retail, Wholesale, and Department Store Union/United Food and Commercial Workers (RWDSU/UFCW) was certified as the union to represent twelve agricultural workers employed at Pindar Vineyards in Peconic, New York on Long Island. More details in this article from Morning Ag Clips. Certification means that the employer must recognize the union and engage in a negotiation process potentially leading to a labor contract between the workers who are in the union group known as a “bargaining unit” and the employer. New York’s FLFLPA law, which authorized farm unions, provides a rapid set of deadlines to get a contract in place. When a labor contract is in place it will govern relations between the employees in the bargaining unit and the employer.
Rodolfo M., Local 338 RWDSU/UFCW member and worker at Pindar Vineyards was quoted as saying: “My coworkers at Pindar and I joined Local 338 because we want dignity and respect. Our work should be valued and only by receiving equal treatment and things like sick days and paid time off to spend with our loved ones will it be. We know that being a union member will help us get the recognition we deserve for all of our efforts.”
Farm employee unions were authorized in New York by legislative action beginning January 1, 2020. Following are a few helpful resources to assist employers who may be affected by unions or collective bargaining:
- Union Organizing and Collective Bargaining under New York’s FLFLPA. A presentation prepared by Richard Stup in June 2021 to offer an overview of union-related topics for New York employers and their advisors.
- An Initial Guide to Collective Bargaining Rights and Responsibilities Under the Farm Laborers’ Fair Labor Practices Act. A document prepared in 2019 by John Wirenius, Chair of the NYS Public Employment Relations Board, the agency charged with administering and enforcing farm union law in New York.
- Potential Unionization: What You Can and Cannot Say to Your Employees. A factsheet published by New York Farm Bureau and prepared by the law firm Bond Schoeneck & King. The factsheet provides a good summary of what employers can and cannot say, including details and examples.
By Richard Stup, Cornell University. Permission granted to repost, quote, and reprint with author attribution. The post First Farm Union Certified in New York appeared in The Ag Workforce Journal.