Farmworker Unions in New York State

A practical overview for farmers.

With recent legal challenges resolved in favor of farmworkers’ right to unionize in New York State, many farmers are asking: What does this actually mean for my farm? Below is a clear overview of farmworker unions in NYS, how the process works, and what rights and responsibilities apply to both farm owners and farmworkers.

Farmworkers and the Law

  • New York is one of only five states where farmworkers are legally allowed to unionize.
  • The federal National Labor Relations Act (NLRA) of 1935 protects collective bargaining rights for most workers—but explicitly excludes farmworkers and domestic workers, a provision rooted in racial exclusions that has never been amended.
  • As a result, farmworker union rights in NYS are governed by state law, not federal law.

The Farmworkers Fair Labor Practices Act (FFLPA), a New York State law passed in 2019, established:

  • The right to organize and bargain collectively, including for H-2A workers
    (approximately 12,000 of NY’s 82,000 farmworkers)
  • One day of rest per week
  • Access to:
    • Unemployment insurance
    • Housing inspections for all employer-provided farmworker housing
    • Workers’ compensation
  • Overtime pay (time-and-a-half):
    • After 60 hours/week initially
    • Gradually phasing down over 10 years to 40 hours/week, aligning agriculture with other sectors
  • Two legal paths to a union contract:
    • Card check
    • Election (if card check is challenged)

Farmworker unionization in New York is overseen by the Public Employment Relations Board (PERB), which also oversees public-sector unions (teachers, firefighters, police).

PERB fills this role because farmworkers are excluded from the National Labor Relations Board (NLRB).

Following strong advocacy by farmers, New York created a farm labor overtime tax credit to offset the cost of overtime pay.

  • Farmers must apply for the credit.
  • The credit is intended to cover the added expense of overtime wages.

At least three unions are currently organizing farmworkers in New York:

Organizing has largely focused on larger fruit and vegetable farms with more workers.

Card Check, also called majority sign-up, is a method for employees to organize into a labor union in which a majority of employees in a bargaining unit sign authorization forms, or “cards”, stating they wish to be represented by the union.

  • Workers sign authorization cards stating they want union representation and agree to pay dues.
  • If more than 50% of eligible workers sign cards, the union may be certified without an election
  • Workers’ choices are confidential.

Elections (if Card Check is challenged):

  • If the employer challenges the card check, PERB conducts a secret ballot election.

Is Card Check Democratic? This is a debated issue.

  • Unions and worker advocates argue card check reduces employer pressure and retaliation.
  • Employers argue elections provide clearer, freer choice.
  • In both processes, worker votes and card signatures are confidential.

Under state and federal law, employers may not:

  • Threaten workers with firing, deportation, or reduced hours
  • Intimidate workers
  • Hold coercive meetings
  • Threaten to close the business to avoid unionization

These actions are considered unfair labor practices, though investigations can take years.

New York (like 48 other states) has at-will employment, meaning workers can generally be fired without cause, with some legal limits.

State and federal investigations have documented labor violations in agriculture, including:

  • Wage theft
  • Health and safety risks
  • H-2A workers may be particularly vulnerable to abuses by labor recruiters, rather than farm owners.

Because enforcement resources are limited:

  • Employers have less than a 1% chance of being investigated by the U.S. Department of Labor without a complaint.

For many workers, a union contract provides:

  • More predictable enforcement of wages and benefits
  • A structured process to raise concerns
  • Earlier resolution of conflicts

A union contract applies to all workers in the bargaining unit. Benefits are negotiated collectively and may include:

  • Wages
  • Overtime rules
  • Paid time off
  • Sick leave
  • Workplace policies

While individual workers may sometimes negotiate better terms on their own, many value the stability and protection of collective agreements.

Some employers choose to sign a neutrality agreement, which means:

  • The employer agrees not to campaign for or against the union
  • The decision is left entirely to employees
  • Neutrality can reduce conflict and legal risk during organizing

Managers are not included in bargaining units with workers they supervise. These definitions are typically negotiated between employers and unions.

Union dues fund:

  • Contract negotiations
  • Grievance handling
  • Worker representation
  • Reporting unfair labor practice

Dues are:

  • Paid by workers
  • Not collected until a contract is signed

Example:

  • UFW dues are 3% of wages, set by a vote of worker delegates

Because all workers benefit from the contract, all workers in the unit typically pay dues.

Unionization is not a takeover of farm management. It is a regulated, structured process that defines:

  • How decisions are made
  • How conflicts are addressed
  • What rights and responsibilities exist on both sides

Understanding the process early can help farmers respond calmly, legally, and constructively—regardless of whether workers ultimately choose to unionize.

A Farmer Perspective: Unionization in Practice

California organic strawberry farmer Jim Cochran voluntarily invited the United Farm Workers to unionize his farm. This is how he described the process:

“I feel that the union contract is a really important part of our operation. We signed a contract with the United Farm Workers 10 or 11 years ago. And the process of generating a contract is a process of discussion and negotiation, and it’s a really good process because people sit down—workers and management—and discuss in detail all sorts of issues that are generally not dealt with systematically, especially in a farming business, generally not dealt with systematically in any kind of business.

…It’s really pretty amazing how detailed [the contract] is. It really is almost like having an HR department. I don’t know how to explain it exactly, other than to say that it systematizes things in a way and formalizes things in a very positive way, I believe, so that the owner can’t be capricious about things. And then of course the employees, by participating in the process, really feel some ownership in the process themselves. So that’s been a process that’s been very good for us over the last 10 years. I feel like it’s an important part of what we offer as a company, is the culture of inclusion and decision-making, and furthermore the sense that the employees have that, that if they have issues that they will get dealt with in some formal way.“