Court Grants Farm Bureau's Request to Dismiss Collective Bargaining Lawsuit

Message from New York Farm Bureau

New York Farm Bureau learned today that Judge Richard McNally has granted farm bureau's request to dismiss the New York Civil Liberties Union’s lawsuit that sought to create collective bargaining rights for farmworkers. 

The court’s decision is a major victory for New York’s family farms, said Farm Bureau President David Fisher.

"New York Farm Bureau argued in State Supreme Court in Albany, last July that our system of government requires that the legislature change state law, not the courts.   

The court agreed," Fisher said.

In his decision, Judge McNally wrote, “…the plaintiffs and the State have not demonstrated that the Labor Law statues are racially discriminatory or that farm workers are a suspect class entitled to constitutional protections. Any changes to the SERA (State Employee Relations Act) should emanate with the New York State Legislature as ‘the legislative power of this state shall be vested in the senate and the assembly.’”

The court previously granted New York Farm Bureau intervenor status in the lawsuit. "Our organization petitioned the court in 2016 to become a defendant only after the Governor and Attorney General refused to uphold and defend the State Labor Relations Act from the lawsuit filed by the New York Civil Liberties Union," Fisher said.

New York Farm Bureau has long opposed farmworker collective bargaining for one simple reason. Farms do not have a standard eight-hour workday.  

Last year’s growing season demonstrated that. Weeks of heavy rains followed by shorter bouts of sunshine forced farmers and their employees to squeeze in weeks of work into just a few dry days. Work never stops inside the barn. For instance, cows need to be fed and milked multiple times every day, Fisher said.  

"A farmworker strike or confining work agreements could jeopardize a crop or the health of an animal. Everyone who works in farming understands this, including farmworkers," Fisher said. 

"Farmers have great respect for the people who they employ, and this court victory does not diminish that. They value their employees’ commitment, work ethic, and the partnership it takes to get the job done on the farm.

"New York Farm Bureau has represented farmers for more than a century, and today’s ruling will go down as another defining moment in Farm Bureau’s long history. 

New York Farm Bureau will always stand up for our members, either in court or at the Capitol, to ensure that their rights are protected and their voices are heard,” said Fisher.

Farm Bureau President Comment on Collective Bargaining Lawsuit

From New York Farm Bureau:

New York Farm Bureau President David Fisher made the following comments July 21 concerning a lawsuit that seeks collective bargaining rights for farmworkers.

“New York Farm Bureau made a strong case today in State Supreme Court in Albany, NY as to why the Court should dismiss the NYCLU lawsuit that seeks collective bargaining rights for farmworkers. Our attorney argued that our system of government requires that the legislature change state law, not the courts.  Our attorney also argued that the State Labor Relations Act, as written, is constitutional.  

"'We appreciate the opportunity that the Court provided to us to argue the reasons for dismissal, and we are hopeful that we will have a decision in our favor very soon.

"The court previously granted New York Farm Bureau intervenor status to defend agriculture from the lawsuit after New York State abdicated its duty. Our organization had petitioned the court last year to become a defendant only after the Governor and Attorney General refused to uphold and defend the State Labor Relations Act in court.

"New York Farm Bureau has long opposed farmworker collective bargaining for one simple reason. Farms do not have a standard eight-hour workday. This growing season has taught us that. Heavy rains across New York have forced farmers and their employees to get in every dry moment they can in the fields before the next storm cloud arrives. Life inside the barn is no different.  

"For instance, cows need to be fed and milked every day. A farmworker strike or confining work agreements can jeopardize a crop or the health of an animal. Everyone who works in farming understands this. Added regulations will further tie the hands of New York’s farmers and place them in a business environment where it is becoming harder and harder to compete against farmers from out of state and out of the country.

"Farmers have great respect for the people who they employ. If we are to have a vibrant agricultural sector in New York that offers good job opportunities, farms must be able to have a chance to succeed. Collective bargaining will only make it more difficult to do that.

"New York Farm Bureau will continue to stand up for our members, either in court or at the Capitol, to ensure that their voices are heard,” Fisher said.

New York Farm Bureau Seeks Intervenor Status in Lawsuit Concerning Farmworkers Rights to Collectively Bargain

From New York Farm Bureau:

New York Farm Bureau is seeking to intervene in the farm labor lawsuit filed against the State of New York and Gov. Andrew Cuomo. 

The grassroots farm organization will file a motion today (Monday June 20) in State Supreme Court of Albany County to gain intervenor status in a lawsuit filed by the New York Civil Liberties Union Foundation. 

The NY Civil Liberties Union Foundation seeks to create a constitutional right for farmworkers to collectively bargain. The ultimate goal of New York Farm Bureau with today’s motion is for the court to dismiss the lawsuit.

New York Farm Bureau is taking this major step to defend farmers, who feel they have been abandoned by the governor and the New York Attorney General. Both leaders have made public statements supporting the lawsuit and refusing to defend state law, despite its importance to agriculture in New York state. 

New York Farm Bureau believes it has the right to intervene because the interest of its members will not be represented by the defendants – the governor and attorney general - and the ability of the organization’s members to continue to produce food for New York residents would be harmed in the event the plaintiffs prevail in this action.

Dean Norton

The motion reads, “Farm Bureau is uniquely situated to represent the varied perspectives of its member farms and to zealously defend the constitutionality of the challenged farm labor exemption.”

Farm Bureau believes the exemption of farmworkers from collective bargaining rights is constitutional, and that the exclusion of farmworkers from the State Labor Relations Act law is based on decades of rational public policy and legal precedent that will be outlined in NYFB’s motions to intervene and to dismiss.

New York Farm Bureau believes that the legal precedent is clear. This is not a question for the courts, and the NYCLUF is attempting to make an end-run around the legislature, which has not approved collective bargaining for farmworkers despite numerous opportunities.

“New York Farm Bureau has a century long record of defending the state’s family farms, and today’s action is one of the most important in our long history. If we can’t count on our state leaders to do the right thing in this case, we are prepared to stand up for our members in court to protect their rights,” said Dean Norton, New York Farm Bureau President.