As the 2019 legislative session came to a close, so did a compromise for New York farm workers — but not everyone is on board with the bill.
Some farmers say their workers have no interest in the ability to unionize, but rather are more concerned their wages will be limited with the introduction of mandatory overtime and the definition of "family" isn't broad enough.
"Basically, we think a crisis was created where one does not exist," said Kevin Bowman, owner of Bowman Orchards in Rexford.
Bowman says despite three public hearings held around the state, where most owners and farm workers said they weren't interested in the bill, lawmakers still passed it, leaving him and many others who employ seasonal workers on federal H2-A visas in limbo.
"This new legislation puts us against our federal contract," Bowman said. "So either we can be fined by the federal government, if we comply with the state, or we can be fined by the state government if we comply with the federal regs. So what are we supposed to do?"
Assemblyman Phil Steck (D-Schenectady), a co-sponsor of the bill, said other states had this legislation for years.
"California gave the right to organize, the right to strike to farm workers in 1975," Steck said. "So California does have overtime for farm workers and presumably that has not conflicted with the federal immigration programs."
If there is an issue, Steck says the courts will take it up. The bill also includes provisions creating a wage board and unions which require elections. Bowman believes it's going to cost New York producers and the state millions of dollars.
"We always seem to have gloom and doom every time we pass some legislation that helps workers," Steck said.
Because, Bowman says, farmers have real concerns.
"The government spends millions and millions of dollars trying to preserve farmland and then on the other side of their face, they're trying to put farmers out of business," Bowman said.
Grow New York Farms, which is a coaltion of farmers, workers, agriculture businesses, and the New York Farm Bureau, issued this statement:
"For months, New York’s agriculture community worked with a purpose to meet a fundamental goal of developing farm labor legislation that would protect the combined interests of farms and farmworkers.
We negotiated in good faith with many majority lawmakers who were interested in hearing from those who would be directly impacted by the legislation. Political realities meant we had to come find a middle ground that was mutually beneficial.
We thought we had achieved that goal with a bill that while posing significant challenges for a struggling industry, it was a vast improvement than where we started.
Unfortunately, there were some flaws thrown into the legislation in the final days of this legislative session that made the bill unacceptable. Despite the passage of this flawed legislation (S.6578/A.8419), we have not given up on finding a way to fix those flaws.
These flaws include:
- A requirement that wages paid on the seventh consecutive day of work – are based on an overtime rate – if a farm worker waves their right to a day of rest.
- The definition of family fails to recognize the role of close relatives such as aunts, uncles, nieces, nephews and cousins – and would make their participation in farm activities subject to the new statute.
- The creation of a wage board lacks New York’s key agency expert on agricultural issues – the State Commissioner of the Department of Agriculture and Markets.
- Elections involving the ability to form a union lack the integrity of a secret ballot.
At this time, we believe it is in the interest of all parties to continue working together to address these flaws and move forward with legislation that farmers, farm workers and the labor community can mutually embrace and reflect the spirit of the dialogue and discussion that has taken place in recent months.
It is also important to note the significant role played by all the farmers, farmworkers, and lawmakers who worked to build consensus on this issue."
Assemblyman Steck says at least one of those flaws — the family definition — is in talks to be amended. It would be a chapter amendment before Governor Andrew Cuomo signs the bill.
Then, Cuomo could sign it and it would be one of the first things to get passed at the start of next year's session.