The North Carolina Growers Association (NCGA) is a growers' cooperative based in the United States state of North Carolina that coordinates seasonal farm workers by utilizing the guest worker program. [1]
NCGA was founded by Craig Stanford "Stan" Eury, Jr in 1989. Eury was familiar with the H-2A guest worker program, formalized in 1986, from his previous work as a former state labor department official, [2] a job he lost due to illicit cannabis cultivation. Eury has been described as the largest importer of H-2 guest workers, with other companies copying NCGA's model. [3]
In 1990, NCGA facilitated their first cohort of 400 visa holders, which more than doubled the previous year's number of guest workers in North Carolina. By 1990, they received approval for more than 10,000 workers. [3]
In 2001, investigations of 24 NCGA members found workplace safety violations affecting 215 workers. More than 90 workers died at Walker Farms between 2005-2015. [3]
In 2004, the NCGA signed its first union contract covering 8,500 guest workers from Mexico. [4] A Department of Labor audit found that NCGA had requested more visas than the number of workers requested by growers, and that the whereabouts of almost 30% visa holders was unknown. [3]
The NCGA has often been quoted in news media articles on the claimed need for foreign temporary agricultural labor in the United States, and the importance of expanding the H-2A visa, with farm worker unions such as United Farm Workers cited for counterpoint. [5] [6] [7] The H-2A program, and the way the NCGA uses it, have also been critiqued in publications such as Mother Jones . [8]
Economist Michael Clemens at the Center for Global Development cited data from the NCGA, and also spoke with the association, while doing research on the H-2A visa for a policy paper. In a blog post, Clemens cited NCGA numbers: 250 Americans applied for the 7000 agricultural job openings of the NCGA, of whom 70 showed up for work and five completed the season. [9] Clemens' paper was released by the Partnership for a New American Economy [10] and blogged about by Michael Bloomberg [11] and separately by Dylan Matthews for the Washington Post . [12] The study was critiqued by North Carolina Policy Watch, that claimed that the reason the NCGA failed to hire Americans was because the state agencies they went through were apathetic to the process, rather than due to a genuine shortage of American workers. [13]
The NCGA has had an acrimonious relationships with labor unions [14] as well as some migrant rights and worker rights organizations, including Human Rights Watch and Legal Services Corporation. [15] [16] In the 1990's, the Farm Labor Organizing Committee criticized clauses in the NCGA contract restricting worker access to legal advocacy and making it possible for farm ownership to restrict visitors from worker housing. Workers reported being told in a NCGA orientation that Legal Services were "the enemy" and discard the 'Know your rights' booklet, with threats of retaliation if Legal Services materials were found in a worker's possession. [2]
A 2024 investigation by The Guardian found that NCGA contracts include vague guidelines around kitchen access, with H-2A workers often required to pay for "forced meal plans" with substandard food at excessive prices following their placement at a farm. [17]
NCGA has been covered in the New York Times , [4] [15] Wall Street Journal , [5] [16] Forbes , [6] and Time Magazine . [7]
The United Farm Workers of America, or more commonly just United Farm Workers (UFW), is a labor union for farmworkers in the United States. It originated from the merger of two workers' rights organizations, the National Farm Workers Association (NFWA) led by César Chávez and Dolores Huerta and the Agricultural Workers Organizing Committee (AWOC) led by organizer Larry Itliong. They allied and transformed from workers' rights organizations into a union as a result of a series of strikes in 1965, when the Filipino American and Mexican American farmworkers of the AWOC in Delano, California, initiated a grape strike, and the NFWA went on strike in support. As a result of the commonality in goals and methods, the NFWA and the AWOC formed the United Farm Workers Organizing Committee on August 22, 1966. This organization was accepted into the AFL–CIO in 1972 and changed its name to the United Farm Workers Union.
Foreign workers or guest workers are people who work in a country other than one of which they are a citizen. Some foreign workers use a guest worker program in a country with more preferred job prospects than in their home country. Guest workers are often either sent or invited to work outside their home country or have acquired a job before leaving their home country, whereas migrant workers often leave their home country without a specific job in prospect.
The Immigration Reform and Control Act was passed by the 99th United States Congress and signed into law by U.S. President Ronald Reagan on November 6, 1986.
The Bracero Program was a U.S. Government-sponsored program that imported Mexican farm and railroad workers into the United States between the years 1942 and 1964.
A migrant worker is a person who migrates within a home country or outside it to pursue work. Migrant workers usually do not have an intention to stay permanently in the country or region in which they work.
The Farm Labor Organizing Committee (FLOC) is a labor union representing migrant farm workers in the Midwestern United States and North Carolina.
Baldemar Velásquez is an American labor union activist. He co-founded and is president of the Farm Labor Organizing Committee, AFL-CIO. He was named a MacArthur Fellow in 1989, and awarded the Order of the Aztec Eagle in 1994, the highest honor Mexico can bestow on a non-citizen.
An H-2A visa allows a foreign national worker into the United States for temporary agricultural work. There are several requirements of the employer in regard to this visa. The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring non-immigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. In 2015 there were approximately 140,000 total temporary agricultural workers under this visa program. Terms of work can be as short as a month or two or as long as 10 months in most cases, although there are some special procedures that allow workers to stay longer than 10 months. All of these workers are covered by U.S. wage laws, workers' compensation and other standards; additionally, temporary workers and their employers are subject to the employer and/or individual mandates under the Affordable Care Act. Because of concern that guest workers might be unfairly exploited, the U.S. Department of Labor Wage and Hour Division is especially vigilant in auditing and inspecting H-2A employers. H-2A employers are the only group of employers who are required to pay inbound and outbound transportation, free housing, and provide meals for their workers. H-2A agricultural employers are among the most heavily regulated and monitored employers in the United States. Unlike other guest worker programs, there is no cap on the number of H-2A visas allocated each year.
A guest worker program allows foreign workers to temporarily reside and work in a host country until a next round of workers is readily available to switch. Guest workers typically perform low or semi-skilled agricultural, industrial, or domestic labor in countries with workforce shortages, and they return home once their contract has expired.
A farmworker, farmhand or agricultural worker is someone employed for labor in agriculture. In labor law, the term "farmworker" is sometimes used more narrowly, applying only to a hired worker involved in agricultural production, including harvesting, but not to a worker in other on-farm jobs, such as picking fruit.
The Mount Olive Pickle Company is an American food processing company located in Mount Olive, North Carolina. The company's primary product is pickled cucumbers, but it is also a large supplier of pepper, mixed pickle, relish, and other pickled products. Mt. Olive is the largest independent pickle company in the United States and the top-selling pickle brand in the Southeastern United States, where its market share approaches 70 percent.
The Seasonal Agricultural Worker Program is a Government of Canada program that was introduced by the Pearson government in 1966 between Canada and Jamaica but has since expanded to include Mexico and numerous other Caribbean countries. It is intended to allow Canadian farm employers to hire workers from Mexico and the Caribbean on temporary visas during the planting and harvesting seasons when employers are unable to hire local workers to fulfill their labour demands.
The Migrant Housing Act (MHA) of North Carolina (S.B. 631; North Carolina General Statutes 95-222:229) was made into law in the U.S. state of North Carolina in 1989. It governs migrant workers housing through regulations of housing inspections, standards to be met, and recognition of housing that meets all standards and requirements after the pre-occupancy inspection is done by the North Carolina Department of Labor (NCDOL) and the local county health department. Its goal is to ensure safe and healthy migrant housing conditions.
The kafala system is a system that exists in many Arab countries in the Middle East, including most of the nations on the Arabian Peninsula, which involves binding migrant workers to a specific employer throughout the period of their residence in a country. The same system existed in Israel under the label "binding labour", until that country's supreme court eliminated it in 2006.
The Cannery and Agricultural Workers Industrial Union (CAWIU) was a Communist-aligned union active in California in the early 1930s. Organizers provided support to workers in California's fields and canning industry. The Cannery and Agricultural Workers Industrial Union (CAWIU) dated back to 1929 with the formation of the Trade Union Unity League (TUUL). With industrialization and the advent of the factories, labor started migrating into the urban space. An influx of immigrant workers contributed to the environment favorable to big business by increasing the supply of unskilled labor lost to the urban factories. The demand for labor spurred the growers to look to seasonal migrant workers as a viable labor source. Corporations began to look at profits and started to marginalize its workers by providing sub-par wages and working conditions to their seasonal workers. The formation of the Cannery and Agricultural Workers Industrial Union addressed and represented the civil rights of the migrant workers. Ultimately the CAWIU lost the battle, overwhelmed by the combined alliance of growers and the Mexican and state governments. The eventual abandonment of the Trade Union Unity League led to the dissolution of the CAWIU, which later emerged as the United Cannery, Agricultural, Packing, and Allied Workers of America (UCAPAWA).
Signal International, LLC is a Mobile, Alabama based marine construction firm specializing in the construction of large oceangoing structures such as offshore drilling rigs, production platforms and barges. The company also has operations in Pascagoula, Mississippi, and Orange, Texas. The company filed for bankruptcy on July 12, 2015, following settlements on lawsuits alleging human trafficking and violating H2B visa conditions for migrant workers.
The Western Growers Association (WGA) is an association representing family farmers who grow fresh produce and tree nuts in California, Arizona, Colorado and New Mexico. The issues they advocate on include farm labor regulation, immigration and guest worker programs, environment and sustainability, pest control, and water. They have offices in Sacramento (California), Phoenix (Arizona), and Washington, D.C.
Labor trafficking in the United States is a form of human trafficking where victims are made to perform a task through force, fraud or coercion as it occurs in the United States. Labor trafficking is typically distinguished from sex trafficking, where the task is sexual in nature. People may be victims of both labor and sex trafficking.
Cedar Point Nursery v. Hassid, 594 U.S. ___ (2021), was a United States Supreme Court case involving eminent domain and labor relations. In its decision, the Court held that a regulation made pursuant to the California Agricultural Labor Relations Act that required agricultural employers to allow labor organizers to regularly access their property for the purposes of union recruitment constituted a per se taking under the Fifth Amendment. Consequently, the regulation may not be enforced unless “just compensation” is provided to the employers.
Farmworkers in the United States have unique demographics, wages, working conditions, organizing, and environmental aspects. According to The National Institute for Occupational Safety & Health in Agricultural Safety, approximately 2,112,626 full-time workers were employed in production agriculture in the US in 2019 and approximately 1.4 to 2.1 million hired crop workers are employed annually on crop farms in the US. A study by the USDA found the average age of a farmworker to be 33. In 2017, the Department of Labor and Statistics found the median wage to be $23,730 a year, or $11.42 per hour.
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