The UFW'S Continuing Efforts to Recruit H-2A Workers

Tuesday, 15 July 2008 06:19

Immigration

 According to the UFW, their involvement with the H-2A program will reduce corruption in the recruitment workers and protect their rights in the US. It will also conveniently provide the UFW with more members who will have no choice in union membership.

The UFW’s US partner in the recruitment of Mexican workers has not been identified publicly. Back in April 2006 the UFW signed a 3 year contract with the Global Horizons Inc. (Global), a labor contractor operating nationally and internationally. Under the contract the UFW represents all non-supervisory, non-clerical Global’s agricultural employees across the US. As part of the agreement, UFW would partner with Global to recruit workers from Mexico.

However, the federal government debarred Global in 2006 from bringing H-2A workers into the US for at least three years. It is unclear if the UFW is partnering with Global in the recruitment of Mexican workers for the coming years, after Global’s bar is lifted. Given the recent agreement with Michoacán, it is likely that the UFW has already identified another labor contractor to partner with in H-2A recruitment.

COUNSEL TO MANAGEMENT

Unions want to be the gatekeepers of the H2-A program in their desperation to grow their membership. The UFW’s involvement with the recruitment of H2-A workers from Mexico will impact employers. It is critical that employers carefully examine the labor contractors they intend to work with and to consult with qualified immigration and labor counsel as they put together their H-2A programs.

The goal of this article is to provide employers with current labor and employment law information. The contents should not be interpreted or construed as legal advice or opinion. For individual responses to questions or concerns regarding any given situation, the reader should consult with The Saqui Law Group at (831) 443-7100 in Salinas, or (916) 782-8555 in Sacramento.