Farmworkers in Washington state don’t have a formal legal pathway to collective bargaining, but that could soon change under recently introduced bills.
Lawmakers introduced bills in the House Bill 2409 and Senate Bill 6045 this month that would give farmworkers’ unions an avenue for recognition with oversight by the Washington State Public Employment Relations Commission.
“For too long, the backbone of Washington's multi-billion dollar agricultural industry, our farm workers have been excluded from their basic rights to sit at the table to negotiate their own future,” said Lucy Madrigal, a daughter of farmworkers, at a hearing for the House bill on Tuesday.
Agricultural workers are excluded from collective bargaining by the National Labor Relations Act. That means they don’t have federal protections if they are fired or otherwise punished for attempting to organize a labor union.
Washington statute protects workers who are engaged in concerted activity to organize labor unions from retaliation.
If this legislation is passed, farmworkers who are organizing their workplace could gain formal recognition and have the Public Employment Relations Commission handle labor violation concerns. For the first time, these workers would have a state entity ensuring their right to unionize and bargain is protected.
Lawmakers behind the bills say allowing farmworkers to unionize could improve workplace safety, job opportunities and wages.
Octavia Santiago Martinez is a farmworker and elected member of Familias Unidas por la Justicia. That’s one of the only unions representing farmworkers in Washington. She spoke at a hearing for the House bill.
“Porque nosotros, los que tenemos un contrato colectivo, hemos notado la diferencia entre tener un contrato y no tener un contrato,” Santiago Martinez said.
A professional interpreter translated her comments. “For us, the people that have a contract and that have that privilege, we have seen the difference and have seen firsthand what it means to have a contract and not to have it,” the interpreter said.
According to comments made during hearings for the bills, there are two farms with ratified collective bargaining agreements for workers, Sakuma Brothers Farms and Chateau Ste. Michelle. NWPB was unable to reach the farms for comments prior to publication.
Tomas Ramon, Vice President of Familias Unidas por la Justicia, spoke at a Senate hearing for the bill.
“ Winning a union contract has changed my family's life for the better in every way,” Ramon said. “We're tired of hearing the excuse from the agricultural industry that giving farmworkers the same rights as everyone else will run farms out of business.”
That critique that unionization could hamper an already struggling industry was expressed at the bill hearings last week. Some farmers spoke about their inability to pay higher wages due to labor taking up the majority of their expenses.
Jason Matson, a fifth-generation tree fruit grower from the Yakima Valley, spoke at the House bill hearing.
“ Recent apple industry data shows that the cost of labor alone accounts for 108% of our returns, meaning part of the labor expense, along with all other expenses such as electricity, fuel, fertilizer are now being covered either from savings or debt,” Matson said.
Washington state has lost farms, and farmers attribute this to mounting costs and revenue not keeping pace. Between 2017 and 2022, the state lost over 3,700 farms, according to the U.S. Department of Agriculture Census of Agriculture. That’s about two farms every day over five years.
Other farm owners who spoke at the hearing said allowing farmworkers to unionize could mean strikes during harvest season, decimating a year’s yield.
Lawmakers who sponsored the bills said unions could help with all of this by making unionized jobs more competitive and keeping workers at unionized farms.
Rep. Lisa Parshley is one of the co-sponsors of the bill from Washington's 22nd legislative district.
“ If you're doing everything right, bargaining does not mean you automatically give the union everything, but it means you get together and you make compromises on the workspace, the safety benefits, salary, and you can work together to make this a successful situation,” Parshley said.
