throbber

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`v.
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`ROY COOPER, in his official
`capacity as Governor of the
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`State of North Carolina, and
`MARION R. WARREN, in his
`official capacity as Director of the
`North Carolina Administrative
`Office of the Courts,
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`Defendants.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
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` )
`FARM LABOR ORGANIZING
` )
`COMMITTEE,
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`VICTOR TOLEDO VENCES, and )
`VALENTIN ALVARADO
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`HERNANDEZ,
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`Plaintiffs,
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` ) Civil Action No.
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`COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF
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`NATURE OF THE ACTION
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`1.
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`This action challenges Section 20.5 of North Carolina General
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`Assembly Session Law 2017-108 (also known as “the Farm Act”) which was
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`signed into law by Defendant Governor Roy Cooper on July 12, 2017. The Farm
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`Act targets North Carolina’s overwhelmingly Latino and immigrant farmworker
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`1
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`community by stripping them of two significant legal rights enjoyed by all other
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`workers in the state. First, the Act mandates that agreements by agricultural
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`employers to administer payroll union dues deductions requested by employees
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`(commonly known as “dues checkoff” agreements) shall be invalid and
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`unenforceable. Second, the Act declares that settlement agreements that include a
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`stipulation that an agricultural employer will recognize or enter into an agreement
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`with a union shall be invalid and unenforceable.1
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`2.
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`The Farm Act obstructs free expression and free association
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`guaranteed by the First Amendment to the Constitution for over 100,000
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`farmworkers in North Carolina, including Plaintiffs Victor Toledo Vences and
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`Valentin Alvarado Hernandez and their labor union, Plaintiff Farm Labor
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`
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`1 Section 20.5 of the Farm Act amended N.C. Gen. Stat. § 95-79(b), to add the underlined
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`text:
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`(b) Any provision that directly or indirectly conditions the purchase of
`agricultural products, products or the terms of an agreement for the
`purchase of agricultural products, or the terms of an agreement not to sue or
`settle litigation upon an agricultural producer’s status as a union or
`nonunion employer or entry into or refusal to enter into an agreement with
`a labor union or labor organization is invalid and unenforceable as against
`public policy in restraint of trade or commerce in the State of North
`Carolina. Further, notwithstanding G.S. 95-25.8, an agreement requiring an
`agricultural producer to transfer funds to a labor union or labor organization
`for the purpose of paying an employee’s membership fee or dues is invalid
`and unenforceable against public policy in restraint of trade or commerce in
`the State of North Carolina.
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`
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`2
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`Organizing Committee (FLOC). The Farm Act also violates the Fourteenth
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`Amendment and 42 U.S.C. § 1981 by discriminatorily revoking contractual rights
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`and privileges from a workforce that is overwhelmingly comprised of Latino non-
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`citizens and a union with a membership comprised largely of workers from Mexico
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`working under the H-2A temporary agricultural visa program (“guestworkers”).
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`Additionally, the Farm Act is an unconstitutional Bill of Attainder because it
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`legislatively singles out and punishes FLOC for its organizing activity.
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`3.
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`In light of ongoing and imminent irreparable harm, Plaintiffs
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`respectfully request preliminary and permanent injunctive relief to ensure that: (1)
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`all Plaintiffs can continue to seek and benefit from voluntary payroll dues
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`deduction agreements with agricultural employers; and (2) Plaintiff FLOC and its
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`members can enter into and benefit from settlement agreements with agricultural
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`employers.
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`JURISDICTION AND VENUE
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`4.
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`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §
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`1331 because this case arises under the U.S. Constitution and laws of the United
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`States; and pursuant to 28 U.S.C. § 1343 because this action seeks to redress the
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`deprivation, under color of state law, of Plaintiffs’ civil rights, and to secure
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`equitable or other relief for the violation of those rights.
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`3
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`5.
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`This Court has jurisdiction to grant declaratory relief pursuant to 28
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`U.S.C. §§ 2201 and 2202, as well as Rule 57 of the Federal Rules of Civil
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`Procedure.
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`6.
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`Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) and
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`(c). Plaintiff FLOC regularly engages in expressive and associative activities,
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`including union organizing and administering collective bargaining agreements, in
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`this District. Many of FLOC’s members live and/or work in this District each year.
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`During the agricultural season immediately preceding this lawsuit, Plaintiff Victor
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`Toledo Vences, a farmworker and member of FLOC, lived, worked, and had his
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`union dues deducted from payroll administered in this District. During the
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`agricultural season immediately preceding this lawsuit, Plaintiff Valentin Alvarado
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`Hernandez, a farmworker and member of FLOC, lived, worked, and had his union
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`dues deducted from payroll administered in this District. Accordingly, a substantial
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`part of the events and omissions giving rise to Plaintiffs’ claims have occurred
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`and/or will occur in this District.
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`7.
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`Defendant Roy Cooper, (“Defendant Cooper” or “Governor Cooper”)
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`is sued in his official capacity, executes the law and administers the government
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`throughout the state, is domiciled in the state, and is subject to the personal
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`jurisdiction of this Court.
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`4
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`8.
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`Defendant Marion R. Warren (“Defendant Warren”) is sued in his
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`official capacity, administers courts throughout the state, is domiciled in the state,
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`and is subject to the personal jurisdiction of this Court.
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`PARTIES
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`Plaintiffs
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`9.
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`Plaintiff FLOC is a farmworker labor union classified under Section
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`501(c)(5) of the Internal Revenue Code. Founded in 1967, FLOC’s goals are to
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`ensure that farmworkers have a voice in decisions that affect them in the workplace
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`and in their communities and to bring all participants in the agricultural supply
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`chain together to improve working conditions for farmworkers. FLOC currently
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`administers collective bargaining agreements covering about 10,000 farmworkers
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`in North Carolina and is actively organizing to increase its membership and pursue
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`new collective bargaining agreements throughout the state. FLOC currently
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`maintains offices in Dudley, North Carolina; Toledo, Ohio; and Monterrey, in the
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`state of Nuevo León, Mexico.
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`10. Plaintiff Victor Toledo Vences lived and worked on a farm in Durham
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`County, North Carolina during the 2017 agricultural season immediately preceding
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`the filing of this suit. Plaintiff Toledo Vences is a Mexican national and works in
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`North Carolina under an agricultural “guestworker” visa authorized by 8 U.S.C. §
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`5
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`1101(a)(15)(H)(ii)(a), commonly referred to as an “H-2A visa.” For nearly twenty
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`years, Mr. Toledo Vences has worked in North Carolina vegetable and tobacco
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`growing operations for several months out of each year. Plaintiff Toledo Vences is
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`a member of FLOC and, since 2005, has authorized his North Carolina employers
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`to deduct weekly dues of 2.5% of his earnings from his pay and to transfer such
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`dues directly to FLOC. Having successfully completed this season’s work, Plaintiff
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`Toledo Vences plans to exercise his right to return to North Carolina to work in
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`future agricultural seasons, a right guaranteed by the collective bargaining
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`agreement between FLOC and the North Carolina Growers’ Association. Plaintiff
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`Toledo Vences wants to maintain his FLOC membership by authorizing his
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`employers to deduct union dues from his wages and transfer these dues directly to
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`FLOC.
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`11. Plaintiff Valentin Alvarado Hernandez lived and worked on a farm in
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`Stokes County, North Carolina during the 2017 agricultural season immediately
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`preceding the filing of this suit. Plaintiff Alvarado Hernandez is a Mexican
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`national and has works in North Carolina under an H-2A visa. For the past three
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`years, Mr. Alvarado Hernandez has worked in North Carolina vegetable and/or
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`tobacco growing operations for several months out of each year. Plaintiff Alvarado
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`Hernandez is a member of FLOC and, since 2016, has authorized his North
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`Carolina employers to deduct weekly dues of 2.5% of his earnings from his pay
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`6
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`and to transfer such dues directly to FLOC. Having successfully completed this
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`season’s work, Plaintiff Alvarado Hernandez plans to exercise his guaranteed right
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`to return to North Carolina to work in future agricultural seasons. Plaintiff
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`Alvarado Hernandez wants to maintain his FLOC membership by authorizing his
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`employers to deduct union dues from his wages and transfer these dues directly to
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`FLOC.
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`Defendants
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`12. Defendant Cooper is sued in his official capacity as the Governor of
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`North Carolina. Governor Cooper signed the Farm Act, including the provisions
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`challenged in this action, into law on July 12, 2017. Pursuant to Article III, Section
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`1 of the State Constitution, “the executive power of the State” is vested in
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`Defendant Cooper in his capacity as Governor. Article III, Section 5(4) also
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`provides that it is the duty of Defendant Cooper in his capacity as Governor to
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`“take care that the laws be faithfully executed.” Governor Cooper is a person
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`within the meaning of 42 U.S.C. § 1983 and was acting under color of state law at
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`all times relevant to this complaint.
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`13. Defendant Warren is sued in his official capacity as the Director of the
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`North Carolina Administrative Office of the Courts (NCAOC). Pursuant to N.C.
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`Gen. Stat. § 7A-343(3a)(c), the Director’s duties include “ensur[ing] overall
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`7
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`compliance with federal and State laws” in the court system. Defendant Warren is
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`a person within the meaning of 42 U.S.C. § 1983 and was acting under color of
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`state law at all times relevant to this complaint.
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`FACTUAL ALLEGATIONS
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`Farmworkers in North Carolina
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`14. Agricultural producers in North Carolina rely on the labor of an
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`estimated 100,000 or more workers per year. Many of the state’s major crops, such
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`as tobacco, Christmas trees, and sweet potatoes, require significant manual labor to
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`plant, tend, harvest, and pack.
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`15. Despite the critical role farmworkers play in the state’s economy, they
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`are among the lowest paid workers in the state. In the most recent National
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`Agricultural Worker Survey (conducted in 2013-2014), half of U.S. farmworkers
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`surveyed reported an average family annual income of less than $25,000 per year.
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`Incomes have typically been lower in the eastern United States. In 2005, the
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`average annual farmworker earnings for the region were only $7,150.
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`16.
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` Because agricultural work
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`is seasonal and farmworkers are
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`commonly paid for their work on a piece rate basis, earnings are often inconsistent
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`and sporadic. Farmworker families face high rates of poverty and hunger. Nearly
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`one-third of farmworker families surveyed nationally report living below the
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`8
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`poverty line and almost half of North Carolina farmworker households are food
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`insecure.
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`17. Agricultural work is consistently ranked among the most dangerous
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`jobs in the nation, with high rates of work-related injury, heat-related illness, and
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`exposure to toxic chemicals like pesticides.
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`18. North Carolina leads all other states in the production of tobacco.
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`Nicotine exposure is a significant concern for farmworkers working in tobacco.
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`One quarter of tobacco workers in North Carolina experience green tobacco
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`sickness, with symptoms of headache, dizziness, nausea/vomiting, insomnia, and
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`anorexia each year.
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`19. Substandard living conditions in migrant labor camps, where most
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`North Carolina farmworkers live, also cause health issues. Overcrowding, unsafe
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`drinking water, structural deficiencies, rodent and pest infestations, and poor
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`sanitation are documented problems in farmworker housing. Studies in North
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`Carolina show that only 11% of farmworker camps investigated met state migrant
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`housing standards. Farmworkers in North Carolina often live in housing that is
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`isolated from community services and hidden from public view.
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`20. Over 90% of North Carolina farmworkers are of Hispanic/Latino
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`descent. Most of North Carolina’s farmworkers are of Mexican national origin and
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`speak Spanish as their first language.
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`9
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`21.
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`In contrast to their employees, over 90% of individuals who operate
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`North Carolina agricultural entities identify themselves as white.
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`22. A large majority of North Carolina’s farmworkers were born outside
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`of the United States, and many are not United States citizens. In fiscal year 2017,
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`North Carolina agricultural producers received permission to employ over 17,000
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`H-2A guestworkers. In 2014, North Carolina was the state with the highest number
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`of jobs certified for H-2A visas.
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`23. H-2A farmworkers have suffered significant abuses and are highly
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`vulnerable to exploitation. H-2A workers may be forced to pay illegal recruitment
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`fees in their home country in order to be considered for employment. When they
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`encounter poor or illegal working conditions, H-2A workers are unable to pursue
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`other employment in the United States because their visas do not permit them to
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`work for an employer other than their visa sponsor. Many face obstacles returning
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`to work on another H-2A visa in the future if they have to leave their employment
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`before the end of the contract for reasons related to illness or injury, or because of
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`family issues in their home country, or if they complain about problems in the
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`workplace.
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`24. Farmworkers have historically been, and continue to be, excluded
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`from many basic labor protections at the state and federal level. When the federal
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`Fair Labor Standards Act, Social Security Act, and National Labor Relations Act
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`10
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`were enacted in the 1930s, farmworkers were excluded from most of the
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`protections afforded by these laws. They remain excluded from many of those
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`protections today.
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`25.
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`In North Carolina, farmworkers are substantially excluded from state
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`minimum wage, overtime, workers’ compensation, and youth employment laws.
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`26. There is ample historical evidence that these exclusions were
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`motivated, at least in part, by legislators’ awareness that substantial portions of the
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`excluded workforce were African American. Many of these racially-motivated
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`exclusions were maintained as North Carolina’s agricultural workforce became
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`predominantly Latino.
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`FLOC’s Work in North Carolina
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`27. Plaintiff FLOC is a farmworker union of approximately 6,000 dues-
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`paying members nationwide, around 80% of whom work in North Carolina. For
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`over twenty years, FLOC has been the only union organizing and representing
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`farmworkers in North Carolina.
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`28.
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`In addition to its core work of organizing farmworkers to achieve a
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`voice in their workplace and better working conditions, FLOC participates in
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`general advocacy for the rights and well-being of farmworkers and their families,
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`including advocacy for the rights of Latino immigrants in the state and nation. For
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`11
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`example, FLOC members have participated in visits to Washington, DC to
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`advocate for immigration reform, as well as marches, rallies, and other public
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`actions in North Carolina in support of immigrants’ and workers’ rights. FLOC
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`regularly holds community meetings and events in North Carolina to educate and
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`facilitate dialogue on issues such as: improving relations between immigrant
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`communities and local police; workplace rights; financial aid and scholarships
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`available to college-bound youths; and access to immigration relief such as
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`Deferred Advocacy for Childhood Arrivals (DACA).
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`29. FLOC works towards its goals by organizing workers to achieve
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`collective bargaining agreements (CBAs) with agricultural producers in the state,
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`under which farmworkers will be guaranteed certain wages, working conditions,
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`and fair alternative dispute mechanisms for resolving workplace grievances and
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`disputes.
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`30. FLOC also publicly engages with the major economic interests at the
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`top of the industry supply chain, such as international tobacco corporations, to
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`convince them to adopt business practices that are fair to both agricultural
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`producers and farmworkers.
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`31. The vast majority of FLOC’s dues-paying North Carolina members
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`are H-2A guestworkers from Mexico who come to North Carolina each year for up
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`12
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`to ten months to perform seasonal agricultural work. Most of North Carolina’s H-
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`2A workers work in tobacco, Christmas trees, and sweet potatoes.
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`32. FLOC has been organizing in North Carolina since the 1990s. For
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`more than ten years, it has maintained an office located in Dudley, North Carolina.
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`33. FLOC currently has two CBAs with agricultural producers in the
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`state; these CBAs cover approximately 10,000 workers. One of FLOC’s CBAs is
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`with the North Carolina Growers’ Association (NCGA), which is comprised of
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`approximately 700 member farms throughout the state. In 2017, NCGA sponsored
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`approximately 60% of the H-2A visas under which H-2A workers work in the
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`state. More than 90% of the FLOC members covered under the CBA with the
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`NCGA are H-2A guest workers.
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`34. Farmworkers are exempted from the federal National Labor Relations
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`Act. There is no federal or state law requiring union elections, nor any other law
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`that requires mandatory recognition of farmworker unions. Therefore, all CBAs
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`existing between FLOC and agricultural employers in North Carolina are entered
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`into on an entirely voluntary basis.
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`35. The CBAs provide significant benefits for the farmworkers covered
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`by the agreements, such as guaranteed hourly wages, an orderly and fair process
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`for recruitment and hiring, and a grievance procedure. The CBAs specifically
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`provide that a worker who satisfactorily completes his or her term of employment
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`13
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`for an agricultural producer has a right to return the following season. This
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`stipulation reduces the likelihood that workers will be retaliated against for
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`complaining about unsafe or illegal working conditions. The recruitment process
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`established by the CBAs has also largely eliminated the illegal practice of H-2A
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`guestworkers being charged recruitment fees for access to jobs in North Carolina.
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`36. The CBAs also provide significant benefits for agricultural producers,
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`including ensuring consistent employment practices among a large group of
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`agricultural producers (thereby reducing incentives to engage in unfair competitive
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`practices like underpaying workers); and a grievance procedure and binding
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`alternative dispute mechanisms (minimizing the potential for costly litigation).
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`37. FLOC has pursued and secured CBAs and other improvements to
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`farmworker conditions through various strategies, including public campaigns
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`engaging major industry actors like tobacco corporations, and assisting its
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`members in bringing well-publicized litigation to challenge illegal employment
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`practices.
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`38. On occasion, FLOC has also participated in lawsuits as a party to
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`pursue legal issues of importance to its members, such as in a case addressing
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`whether the federal Department of Labor properly reinstated regulations governing
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`minimum wages for H-2A guestworkers. Lawsuits in which FLOC participates, or
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`which FLOC assists its members in bringing by providing legal referrals, are meant
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`14
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`to achieve tangible gains for FLOC’s members and also to educate the public about
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`the working conditions confronted by farmworkers.
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`39. As part of an agreement to settle litigation over employment issues,
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`some FLOC members have negotiated for voluntary union recognition or secured
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`expanded collective bargaining rights as part of a class-wide settlement agreement.
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`In one such case, the defendant employer and the plaintiff farmworkers agreed that
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`it was in their mutual interest to resolve the case in an agreement that included:
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`employer recognition of FLOC as the bargaining representative of workers who
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`sign cards affirming their FLOC membership; an employer pledge to remain
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`neutral on unionization matters in its workforce; dues checkoffs; a guaranteed
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`hourly wage of $11.27/hour (increased from a prior wage of $8 per hour);
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`worker/employer committees to address safety issues, worker housing, and
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`employer competitiveness; and adoption of a binding alternative dispute
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`mechanism for resolving workplace disputes.
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`40. Of FLOC’s two active CBAs in the state, one is due to expire in
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`November 2019 and the other in December 2020.
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`41. During the period covered by a CBA, FLOC must actively administer
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`the CBAs throughout the state. Administration duties include: monitoring and
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`assisting covered workers with the recruitment process in Mexico; monitoring
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`agricultural producers’ compliance with the CBAs; assisting members and other
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`15
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`affected workers with understanding the CBA terms and their rights under the
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`CBA; training workers on their rights and FLOC’s organizing efforts; and assisting
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`covered workers in filing and pursuing grievances.
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`42.
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`In addition, FLOC provides other significant assistance to its
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`members, including assisting injured workers and their families in filing workers’
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`compensation or other claims for benefits, assisting workers and their families in
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`obtaining legal counsel for immigration or employment matters, and assisting with
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`repatriation of the remains of H-2A guestworkers who pass away while working in
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`the United States.
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`43. Even as FLOC administers CBAs and assists its members, it is
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`constantly seeking to organize new members in order to strengthen its members’
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`bargaining power, improve conditions at farms not currently covered by CBAs,
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`and raise standards for farmworkers throughout the industry.
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`44. Given its small staff and limited resources, FLOC faces significant
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`logistical challenges in its statewide CBA administration and organizing work. H-
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`2A workers, as well as many other migrant farmworkers, typically live in isolated,
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`employer-owned labor camps in rural areas throughout the state. Most have no
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`access to personal cars and depend on their employers for transportation to
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`shopping and other town-based resources.
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`16
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`45. Farmworkers working under H-2A guestworker visas are typically
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`paid by checks, which their employers cash for them or which they take to local
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`stores that offer check cashing services for a fee. Because of the migratory and
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`seasonal nature of their work, language barriers, and their low incomes, many
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`farmworkers in North Carolina lack access to credit cards and bank accounts and
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`conduct most transactions in cash. Because farmworkers live in rural areas, often
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`do not have their own transportation, lack computer access, do not speak English
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`proficiently, and work long hours, even those who do maintain bank accounts have
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`limited access to those accounts. Because H-2A guestworkers and most other
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`migrant farmworkers live in North Carolina temporarily, they are unlikely to have
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`local bank accounts.
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`46. Farmworkers’ transient jobs and limited access to banking present
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`many obstacles to their ability to make recurring payments, including elective
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`weekly payments like union dues. Indeed, agricultural producers commonly
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`deduct—sometimes legally and sometimes not—the costs of items like meals,
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`tools, or repayments for loans, directly from their employees’ wages to ensure that
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`payments for regularly furnished items are consistently and reliably made.
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`47. Under the North Carolina Wage and Hour Act, N.C. Gen. Stat. § 95-
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`25.8(a)(2), deduction and diversion of wages elected by the employee for his or her
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`benefit, such as union dues or donations to charities, is lawful if the amount or rate
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`17
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`of the proposed deduction is known and agreed upon in advance and the employer
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`has written authorization from the employee which (i) is signed on or before the
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`payday(s) for the pay period(s) from which the deduction is to be made; (ii)
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`indicates the reason for the deduction; and (iii) states the actual dollar amount or
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`percentage of wages which shall be deducted from one or more paychecks.
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`48. When farmworkers decide to join FLOC, they usually execute a
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`written authorization, compliant with N.C. Gen. Stat. § 95-25.8, requesting that
`
`their employer deduct 2.5% of their weekly wages and directly divert such funds to
`
`FLOC for the payment of union dues. These authorizations for direct payroll
`
`deductions of dues are commonly known as “dues checkoffs.”
`
`49. Under North Carolina law applicable to all industries for decades,
`
`union dues may only be deducted from the pay of workers who individually and
`
`voluntarily agree to such deductions. See id; N.C. Gen. Stat. § 95-82.
`
`50. Under North Carolina law, workers who authorize dues checkoffs
`
`retain the right to withdraw that authorization if they change their mind about
`
`union membership. See N.C. Gen. Stat. § 95-25.8(a)(2).
`
`51. Because of FLOC’s limited institutional resources, the size and
`
`geographic dispersion of FLOC’s North Carolina membership, and the fact that
`
`most FLOC members lack ready access to banking and credit cards, FLOC relies
`
`heavily on its members’ elective dues payments — deducted from their wages and
`
`
`
`18
`
`Case 1:17-cv-01037-LCB-LPA Document 1 Filed 11/15/17 Page 18 of 39
`
`

`

`
`
`transferred to FLOC pursuant to N.C. Gen. Stat. § 95-25.8 — to sustain its
`
`organizing and advocacy work in North Carolina.
`
`52. H-2A guestworkers in the state live in employer provided housing
`
`spread out over approximately 1,000 labor camps. FLOC does not have the
`
`resources and staff to collect dues each week from each and every one of its
`
`approximately 2,000 dues-paying members located in North Carolina at a given
`
`time. To do so would require FLOC staff to make in-person visits to members’
`
`labor camp housing during non-working hours.
`
`53. Farmworkers’ work days are often long. During the height of the
`
`season, workers are often in the field from sunrise to sunset Monday to Friday, and
`
`perform at least half a day’s work on Saturday. During the busiest part of the
`
`season, farmworkers sometimes work on Sundays. Farmworkers usually spend
`
`their limited time off doing chores such as laundry and grocery shopping.
`
`54. FLOC currently has four full time staff members and one part time
`
`staff member working throughout the state. Its membership is widely dispersed,
`
`with members located in far western, eastern, southern, and northern sections of
`
`the state.
`
`55. Because the Farm Act prohibits agreements by agricultural producers
`
`to honor employees’ requests for union dues to be deducted from their payroll,
`
`FLOC is currently unable to enter into any new agreements with agricultural
`
`
`
`19
`
`Case 1:17-cv-01037-LCB-LPA Document 1 Filed 11/15/17 Page 19 of 39
`
`

`

`
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`producers that provide for such dues checkoffs. This severely harms FLOC’s
`
`efforts to join new members. In addition, FLOC will be unable to collect dues from
`
`most of its current members once its existing CBAs expire.
`
`56. By preventing FLOC from settling litigation or anticipated litigation
`
`as a party, from securing recognition as a bargaining representative in settlements
`
`by FLOC members, or from obtaining CBAs in settlements entered into by FLOC
`
`members, the Farm Act significantly hinders FLOC’s ability to advance and
`
`publicize its members’ interests through litigation.
`
`Events Leading to Enactment of the Farm Act
`
`57.
`
`In the past fifteen years, FLOC has significantly increased its
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`membership in North Carolina and won CBAs covering more of the state’s
`
`agricultural workforce, including approximately 50% of the H-2A workers in
`
`North Carolina. It has also succeeded in conducting highly publicized campaigns
`
`to pressure agricultural corporations and producers to negotiate with workers for
`
`better working conditions.
`
`58.
`
`In 2004, FLOC won a CBA with the North Carolina Grower’s
`
`Association (NCGA) that covered nearly 7,000 of the state’s H-2A workers.
`
`59.
`
`In 2011, FLOC and the non-profit organization Oxfam America
`
`jointly issued “A State of Fear: Human Rights Abuses in North Carolina’s Tobacco
`
`
`
`20
`
`Case 1:17-cv-01037-LCB-LPA Document 1 Filed 11/15/17 Page 20 of 39
`
`

`

`
`
`Fields,” a highly publicized report that detailed dangerous working conditions in
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`the state’s tobacco fields.
`
`60.
`
`In 2012, after a six year long campaign, the major tobacco corporation
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`Reynolds American, Inc. finally agreed to meet with FLOC leaders to discuss
`
`working conditions for North Carolina tobacco workers.
`
`61. Throughout the last decade, FLOC members, with the support of their
`
`union, have brought numerous claims under the Fair Labor Standards Act and
`
`Migrant and Seasonal Agricultural Worker Protection Act against several North
`
`Carolina agricultural producers seeking recovery for wage underpayment and other
`
`violations. Such suits have led to recovery of significant amounts of unpaid wages
`
`for hundreds of workers, as well as entry into a CBA as part of a settlement that
`
`occurred in the course of court-mandated mediation in Agustina Velasquez et al. v.
`
`Burch Equipment, LLC, et al., Civ. Action 7:14-CV-303-FL (E.D.N.C., Compl.
`
`filed Dec. 31, 2014).
`
`62. On February 23, 2016, FLOC members, including Plaintiff Alvarado
`
`Hernandez, filed a class action suit against State Senator Brent Jackson and his
`
`company, Jackson Farming, for wage theft. The case, styled Sanchez Rodriguez, et
`
`al. v. Jackson Farming Company of Autryville, Civ. Action 7:16-CIV-28-D
`
`(E.D.N.C.), ended in a court-mediated settlement in September 2016. The
`
`
`
`21
`
`Case 1:17-cv-01037-LCB-LPA Document 1 Filed 11/15/17 Page 21 of 39
`
`

`

`
`
`settlement was preliminarily approved on January 20, 2017 and received final
`
`approval on July 11, 2017.
`
`63. As FLOC has increased its membership in North Carolina and
`
`expanded the number of workers covered by union agreements, and as its members
`
`have been involved in well-publicized litigation, FLOC’s organizing drives have
`
`been met with considerable backlash by the North Carolina Farm Bureau, a trade
`
`group representing the interests of agricultural producers in the state, and some
`
`agricultural producers.
`
`64. As part of this backlash, some agricultural producers and their trade
`
`group have successfully pushed for legislation in an attempt to obstruct FLOC’s
`
`efforts to improve working conditions for farmworkers in the state.
`
`65.
`
`In 2013, shortly after FLOC had convinced Reynolds American, Inc.
`
`to meet with some of its members to discuss working conditions in North Carolina
`
`tobacco fields, grower interest groups successfully lobbied for state legislation
`
`targeting FLOC’s ability to use market-based pressure to improve conditions for
`
`farmworkers. The General Assembly passed an “Agricultural Right to Work
`
`Provision,” which stated that “[a]ny provision that directly or indirectly

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