September 26, 2018
Judge halts North Carolina anti-union law that takes away farmworkers’ rights
Farmworkers in North Carolina have won an important legal victory. For years, the Farm Labor Organizing Committee (FLOC) has been helping farmworkers in North Carolina challenge unfair employment practices. One important strategy is unionization. As members of a union, North Carolina farmworkers have been able to improve their wages and working conditions.
Often, employers in North Carolina agreed to recognize workers’ unions to settle lawsuits challenging illegal employment practices. Many also agreed to help FLOC collect membership fees from the workers.
Some farming companies were unhappy about the workers’ organizing successes. In response, North Carolina passed the Farm Act of 2017, a law preventing employers from recognizing a workers’ union as part of a legal settlement or from collecting membership dues on behalf of the union.
The Farm Act poses a critical threat to FLOC and to North Carolina farmworkers by making it much harder for them to organize and challenge unfair labor practices. FLOC and two individual workers sued the state, alleging that the law violated their constitutional right to equal protection under the law.
On September 20, 2018, Judge Loretta C. Biggs of the federal court in Winston-Salem temporarily halted enforcement of the Farm Act. She agreed with FLOC and the farmworkers that the Farm Act likely violates the Constitution. She held that it treats farmworkers differently from other workers without a valid reason. Judge Biggs temporarily prohibited North Carolina from enforcing the Farm Act until the lawsuit is resolved.
For now, farmworkers in North Carolina may continue to use strategic litigation to win union recognition and improved working conditions. FLOC and the farmworkers are represented by the Southern Poverty Law Center, the American Civil Liberties Union, the North Carolina Justice Center, and the Law Offices of Robert J. Willis.