Organizing could be boosted as a DOL final rule takes effect today

Baldemar Velasquez, President of the Farm Labor Organizing Committee (FLOC), joined the America’s Work Force Union Podcast to discuss the history of organizing agricultural workers in America and why it’s been more difficult than any other industry. He also talked about the law that goes into effect today, Aug. 29, that will help farm workers to organize.

Only two states have a history of successfully organizing agricultural workers, California and as of 2023, New York. Velasquez explained why organizing farm workers in the middle of the country has been difficult. While many coastal farming communities are independent farms, many farms in the middle of the country are part of a supply chain for national food manufacturers. To organize these farms, FLOC developed an organizing strategy known as supply chain organizing, which Velasquez explained in more detail.

The reason behind FLOC’s need for creativity is an exclusion in the National Labor Relations Act that doesn’t cover agricultural laborers along with government workers, supervisors and independent contractors. Velasquez explained why these exclusions could have been created for agricultural workers. While there hasn’t been much progress in protecting agricultural workers on the federal level, he explained how state regulation has created a better chance for agricultural workers to organize.

The U.S. Department of Labor (DOL) recently announced the Farmworker Protection Final Rule. This rule strengthened protections for temporary agricultural workers by changing the ability for employers to hire foreign temporary workers if willing and qualified American workers were unavailable. Among the changes is the requirement that employers can not retaliate immediately against agricultural workers who seek to organize with a union. Velasquez explained how the final rule is a good step forward, however, there are still ways that employers can discriminate against farm workers.