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North Carolina Is Trying to Destroy the State鈥檚 Only Farmworkers Union. We鈥檙e Suing.

Arturo Hernandez
Arturo Hernandez
Brian Hauss,
Senior Staff Attorney,
老澳门开奖结果 Speech, Privacy, and Technology Project
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November 15, 2017

Dolores Huerta, the legendary civil rights icon and farmworker activist, had it right: 鈥淥rganized labor is a necessary part of democracy.鈥 Day in and day out, unions struggle to make sure that farmworkers have a voice in in their workplace and in their communities, but they face enormous obstacles.

Farmworkers, most of whom are people of color and many of whom are in this country on temporary visas, have long been excluded from federal and state labor laws. That means they don鈥檛 enjoy many of the key protections under the National Labor Relations Act, the Fair Labor Standards Act, and numerous state minimum wage, workers鈥 compensation, and youth employment laws. As a result, they face high risks to their health and safety, substandard living conditions, and abuse and exploitation by their employers.

Now North Carolina has mounted a direct assault on the state鈥檚 only farmworkers union, the Farm Labor Organizing Committee (FLOC), which works tirelessly to protect those workers. A new state law, sponsored and supported by legislators who have a financial interest in suppressing farmworker organizing, would make it all but impossible for the union to operate effectively in the state. Together with a coalition of civil rights groups, including the Southern Poverty Law Center and the North Carolina Justice Center, the 老澳门开奖结果 filed a federal lawsuit alleging that the law violates farmworkers鈥 constitutional and civil rights. We have also asked the court for a preliminary injunction, which would suspend the law鈥檚 operation during the course of the litigation.

The lawsuit challenges the , which attacks FLOC in two different ways. First, the law invalidates contracts guaranteeing that employers will honor their employees鈥 requests to deduct union dues from their paychecks, otherwise known as union dues checkoffs. Farmworkers, many of whom lack access to basic banking services, rely on these checkoffs to make timely and regular contributions to the union. Without checkoffs, it will be extremely difficult, if not impossible, for the union to collect the money it needs to operate. Second, the law invalidates settlement agreements negotiated by the union to advance farmworkers鈥 rights, fatally undermining lawsuits meant to improve the working conditions of farmworkers throughout North Carolina.

North Carolina鈥檚 law clearly violates farmworkers鈥 First Amendment rights to association and expression. As the Supreme Court has long , 鈥淭he practice of persons sharing common views banding together to achieve a common end is deeply embedded in the American political process.鈥 That鈥檚 why the First Amendment prohibits the government from adopting measures that are directly intended to burden expressive associations like labor unions. Thus, for example, the Supreme Court rejected state government attempts to attack the NAACP by the organization to disclose its membership lists and it from assisting in litigation. As the court recognized, groups like FLOC and the NAACP serve to empower marginalized voices. If the government is allowed to destroy these groups, those voices will be effectively silenced.

North Carolina鈥檚 law also violates other important constitutional and statutory civil rights protections, including the Equal Protection Clause. By targeting FLOC alone, the law intentionally discriminates against the state鈥檚 farmworkers, a group largely composed of noncitizen migrant workers from Mexico. It鈥檚 worth mentioning that the law was sponsored by state Sen. Brent Jackson, the owner of Jackson Farming Company, which was recently sued by Latino farmworkers with FLOC鈥檚 assistance. State Rep. Jimmy Dixon, the only legislator to speak in support of the law鈥檚 anti-worker provisions on the statehouse floor, said that the law was necessary 鈥渂ecause there seems to be a growing of folks that are interested in farm labor.鈥

Whatever North Carolina legislators might think, the Constitution does not give them the authority to suppress labor movements. We鈥檙e fighting to make sure that FLOC and its members can continue to advocate, loudly and proudly, for farmworkers鈥 interests.

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