How Dairy Workers Organize: Petition, Election, and Recognition
Organizing is a process with steps, and the steps look different depending on which law applies. For farm workers, whether the federal process applies at all is a question to confirm first.
What is the general federal process?
For workers covered by the National Labor Relations Act, a typical path begins with workers showing interest in representation, often by signing cards, followed by a petition to the National Labor Relations Board. The Board may then conduct an election, and if a majority votes yes, a union can be certified. An employer can also voluntarily recognize a union in some situations.
These are general descriptions, not instructions, and details such as timing and eligibility are set by current law. Check the NLRB site for the current process.
Basic workplace habits, such as written pay terms and clear schedules, are covered at this dairy farm guide, and they matter whatever the status of organizing law.
How are farm workers different?
Agricultural laborers have historically been excluded from that federal definition of employee, so the process above may not apply to them in the same way. Some states have their own laws. Dairy workers whose jobs are partly outside farming, such as in processing, may be treated differently. Ask an attorney.
Workers may still talk with each other about pay and conditions, and may work with community groups or worker organizations. What protections apply to such activity is a legal question that depends on the facts.
What do supporters say about organizing?
Supporters argue that a union can give workers a collective voice on pay, safety, scheduling and discipline, and may provide procedures that reduce unfair treatment. They say workers may not feel comfortable raising issues individually.
They add that some of the best dairies already invite input from workers and that a formal agreement can make that input reliable.
Some employers also invite worker representatives to safety meetings or schedule reviews, which is a voluntary practice and not a legal process.
What do employers and critics say?
Employers and critics argue that farms depend on flexibility, that direct relationships often work better than a third party and that formal procedures can slow decisions. Some are concerned about costs, and some about how a vote might divide a small crew.
Others say that the law should treat different workplaces differently, and that any change should be debated openly. These are policy disagreements, and reasonable people differ.
- Voice and fairness versus flexibility and cost
- Direct relationship versus formal representation
- Different needs of small and large dairies
What is disputed or uncertain?
The reach of the exclusion, how it applies to mixed operations, whether state law fills gaps and what happens if laws change are all areas of dispute. Nothing here predicts outcomes. For current information, use the NLRB page, the Department of Labor and an attorney.
Workers and owners alike should avoid relying on rumor, and should save any written materials they receive.
What can workers do while the legal picture is unclear?
Workers can keep records of hours and pay, learn how safety rules apply and use the channels the farm provides. The OSHA site explains safety rights, and the EEOC explains protections against discrimination and harassment.
Workers can also seek advice from an attorney or a legal aid organization, particularly about whether a particular activity is protected. The Texas Workforce Commission lists state employment resources.
Be careful with social media and group chats, since messages can be copied. Keep conversations respectful, and remember that agreements and misunderstandings often start in the break room.
Neither side should assume the other's motives. Most owners and workers want a farm that runs well and treats people fairly, even when they disagree on how to get there.
What are sensible next steps for each side?
Workers can learn their rights under the laws that clearly apply, keep notes, and talk to a trusted advisor or legal aid group. Owners can listen, keep conduct lawful and consistent, and speak to an attorney. See this farm jobs guide for workplace ideas.
For some lighter reading, farm.FM has a dairy section, a news section and a farm.FM piece about farm crews. The TWC lists state resources.
Sources and further reading
- National Labor Relations Board: federal labor relations agency
- U.S. Department of Labor: labor rules and programs
- Texas Workforce Commission: employment and labor programs
- U.S. EEOC: workplace discrimination and harassment rules
- OSHA: workplace safety
- Bureau of Labor Statistics: labor and price data
Ask locally: Talk to a Texas labor and employment attorney, a legal aid group or the NLRB about how the process applies to your work.