Washington, DC (September 4, 2025) – The National Right to Work Legal Defense Foundation has submitted comments supporting the Department of Labor’s (DOL) proposal to scrap a Biden-era rule that lays the groundwork for giving union bosses monopoly bargaining powers over temporary agricultural employees. The Biden DOL rule, misleadingly titled “Improving Protections for Workers in Temporary Agricultural Employment in the United States,” also contained provisions that would have given union officials nearly unrestricted power to enter farmers’ private property.
The Foundation’s comments argue that the repeal is justified because the National Labor Relations Act (NLRA), the federal law that lets union bosses gain monopoly bargaining power over most private sector workplaces, specifically exempts agricultural workers from its strictures. Such workers, who often are in the country on H-2A visas, are subject to state agricultural laws. The Biden Department of Labor’s rule, the comments say, is effectively an attempt to override Congress’ exclusion of agricultural workers from the NLRA.
“As now recognized by DOL and various courts considering the Final Rule’s provisions, DOL not only lacks Congressional authorization to take this action, it is defying Congress’ intent to exclude agricultural employees from the…NLRA,” the comments say.
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