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27 May 2025

USA: After almost 500 farmworkers vote to unionise in New York, five growers continue to refuse to negotiate; incl. co. non-response

In May 2024, Documented New York released an article outlining barriers to freedom of association and collective bargaining faced by migrant workers on farms in New York, particularly impactng workers from Mexico and Jamaica.

After the Farm Laborers and Fair Labor Practices Act came into effect in 2020, nearly 500 migrant workers at five fruit and vegetable farms in New York voted to unionise. The new law grants H-2A visa holders and undocumented workers the right to unionise.

However, the article says the five growers have allegedly avoided negotiations, according to the United Farm Workers Union.

  • On Cahoon Farms, a Jamaican workers describes facing retaliatory dismissal due to his support of unionisation. Cahoon Farms did not respond to the journalist’s request for comment.
  • Owners at Porpiglia Farms allegedly broke into workers living quarters without permission and physically intimidated a union organiser. United Farm Workers has filed an unfair labour practice charge against the company.
  • An owner at Lynn-Ette & Sons allegedly threatened to have an organiser arrested. United Farm Workers has filed an unfair labour practice charge against the company.
  • At Wafler Farms, an owner has allegedly directed a verbally abusive rant at workers, caught on video in September 2023.
  • A&J Kirby Farms has also allegedly avoided negotiations.

Cahoon Farms, A&J Kirby Farms, Porpiglia Farms and Lynn-Ette & Sons allegedly filed a lawsuit in October asking the court to overturn the act in an attempt to avoid negotiations.

In May 2024, the Business & Human Rights Resource Centre invited Wafler Farms to respond to the allegations. Wafler Farms did not respond.

The Resource Centre was not able to contact A&J Kirby Farms to invite a response to the allegations; if a response is received in future this page will be updated accordingly.

In May 2025, it was reported that 14 workers were arrested at Lynn-Ette & Sons farms by ICE agents. The union is in arbitration with the employer for a contract; and ICE agents allegedly had "a list of names, including union leaders who had been organizing at the farm", who were detained. Lynn-Ette says it never called ICE, and ICE didn’t tip them off about the raid.

Later in May 2025, it was reported that Wafler Farms had failed to follow the union contract that took effect in April. The contract was created through arbitration after the employer refused to bargain with the union. The union has filed a charge against Wafler Farms with the state Public Employment Relations Board for failing to follow the contract. The union also alleges that some workers were called back to the farm at a later point in retaliation for union organising. Wafler Farms did not respond to the journalist's request for comment.

Company Responses

Wafler Farms

No Response

Timeline