March 2020 - 35

AG LABOR REVIEW
Farm Workforce Modernization Act holds potential
MICHAEL MARSH
President & CEO
National Council of
Agricultural Employers
Michael@ncaeonline.org
anti-farmer advocates will be involved
in negotiations. Consequently,
farmers and ranchers will get to piece
together a bill fitting their operations
better than the House version with
more protections for employers.
There will be give and take in
Not every member of the U.S.
House of Representatives has
agricultural production in their
district. The same cannot be said for
the U.S. Senate.
U.S. senators represent all the
congressional districts in their states.
And, every state has some agricultural
production found within its borders. I
know, because I checked.
The scale, scope and value of that
production varies greatly by state as
you might imagine. It ranges from the
tens of billions of dollars per year in
states like California and Texas to the
tens of millions of dollars in the states
of Alaska and Rhode Island.
The scale of the state's production
doesn't really matter for this article,
but a single number does. That
number that matters is two.
In early December 2019, the U.S.
House of Representatives passed
HR 5038, the Farm Workforce
Modernization Act. The legislation
had bipartisan support which is a
rarity in the Congress these days.
Democrats and Republicans reached
across the aisle to advance the first
agricultural labor reform out of that
chamber since 1986.
The year 1986 was the last time
the New York Mets won the World
Series and the Chicago Bears won the
Super Bowl in January. Of course, the
Bears were notorious that season for
creation of " The Super Bowl Shuffle "
featuring Jim McMahon, Walter
Payton, Mike Singletary and William
" Refrigerator " Perry. Remember? 1986
was a while ago.
This brings us back to the number two.
Agricultural labor reform now shifts
its focus to the U.S. Senate. The Senate
could pick up HR 5038 and attempt to
move it through committee and onto
the floor of the Senate. This seems
to be an unlikely outcome. Does this
mean we might have to wait another 34
years for another crack at reform?
Within our early meetings with
Senators and their staff, we have been
told the Senate is far more likely to
move their own legislation than adopt
the House bill. This is important and
a good thing.
It's too important
to farm and ranch
families and, for
heaven's sake, we can't
wait another 34 years.
The reason this is a good thing is
that from an employer's perspective,
we'd like to see a bill that is more
friendly. You see, with this new
legislation being created in the
Republican-controlled Senate, it is
a remote possibility that the United
Farm Workers and similarly minded
this Senate process as the effort will
again be made to forge bipartisan
agreement. Fifty-one votes are
necessary to advance a bill off the
Senate floor and, given that every
senator has agriculture in their state,
a strong majority could be cobbled
together to pass an agriculturefriendly
bill.
But what happens then?
Following successful passage out of
the Senate, a conference committee
comprised of House and Senate
conferees would be assembled to
work out the differences between
the House and the Senate bills.
Successfully compiling a conference
report would then send that report
back to the respective chambers for a
vote, yea or nay.
Should the conference report pass
both chambers, it would then proceed
to President Donald Trump for his
signature.
And that's where we come again to
the importance of the number two. I
have an ask.
Each state has two U.S. senators, so
all the senators represent agriculture
within their states. Please take a few
minutes and give their offices a call.
They love to hear from constituents!
They need to hear from you that we
need both of your senators support on
agricultural labor reform.
It's too important to farm and ranch
families and, for heaven's sake, we
can't wait another 34 years. VGN
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March 2020

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