New York farmworkers challenge ‘card check’ process amid union dispute

William L. Messenger  Vice President and Legal Director (2023-Present) NRTWLD&EF
William L. Messenger Vice President and Legal Director (2023-Present) NRTWLD&EF

Porpiglia Farms workers in Marlboro, New York, are seeking to challenge the United Farm Workers (UFW) union’s control over their workplace. The workers aim to vote out the union following a “card check” campaign that they claim was aggressive and pressured them into unionization.

In 2020, a law passed by the New York State Assembly granted unions significant power over farmworkers, allowing them to impose dues and bypass secret ballot votes through card checks. This process has been criticized for allegedly using pressure tactics and intimidation to gather support.

Ricardo Bell, an employee at Porpiglia Farms, submitted a petition requesting a vote on whether to remove the UFW from their workplace. This move counters the UFW’s argument that once a union is established through card check, it cannot be removed. Bell’s petition was supported by attorneys from the National Right to Work Foundation.

The Foundation has also backed similar efforts at Cherry Lawn Fruit Farms near Rochester, NY, where workers faced another UFW card check campaign. These cases join others across states like California, where Wonderful Nurseries employees have accused UFW of deceptive practices during card checks.

William Messenger, Vice President and Legal Director of the National Right to Work Foundation, commented on these events: “The aggressive and often demeaning tactics that UFW union officials use… show clearly why ‘card check’ is a bad idea… The idea that workers have no ability to eject a union once it is installed in power further demonstrates that this is not about workers’ choices at all.”

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