The National Council of Agricultural Employers said it is “celebrating” a preliminary injunction issued by a federal court in Georgia that stops the Department of Labor’s implementation of a regulation that would have forced farms to allow temporary foreign agricultural workers to unionize.
The case was brought by the Southeastern Legal Foundation on behalf of the Georgia Fruit and Vegetable Association, Miles Berry Farm and a coalition of 17 states, according to a news release.
“For far too long, the [Labor] Department has implemented rules which unfairly target America’s farm and ranch families who are already battling to stay competitive at home and in the global market,” Michael Marsh, president and CEO of the NCAE, said in the release.
“From the outset of this rulemaking, the department knew this rule exceeded the authority granted to them under the U.S. Constitution,” Marsh said. “Rather than acknowledge the comments submitted by NCAE and many others which brought this overreach to their attention, the department chose to promulgate this rule in hopes that an already embattled and struggling agricultural community would be too weary to fight. What the department does not understand is that America’s farmers and ranchers are tough and do not back down from a battle for what is right. This is a victory for them.”
The court’s order further states that “Administrative agencies, including the [Department of Labor], cannot create law, and the DOL cannot create rights that Congress has not. The DOL cannot make both executive rules and congressional laws,” the release said.
“We are grateful for the court’s reminder and are hopeful that the Department might finally stay in their lane,” Marsh said.
A nationwide injunction was not deemed appropriate by the court. It remains within Georgia, Kansas, South Carolina, Arkansas, Florida, Idaho, Indiana, Iowa, Louisiana, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, and Virginia, the release said.
NCAE said it will continue to monitor the Labor Department’s response to the court’s determination. The organization said that, should further litigation be necessary, it will advise the executive committee as to all next steps necessary to protect U.S. farm and ranch families.
Related: Judge blocks DOL rule allowing H-2A workers to unionize in 17 states
