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Agricultural Workforce #49

49
Disabled

Michigan Farm Bureau should continue informing consumers about the agricultural workforce and correct misconceptions about farm workforce conditions.

Michigan does not have a labor relations law for farm workers and they are using basic contract law as the basis for achieving successful labor agreements.

The lack of an agricultural labor relations law allows for consumer and secondary boycotts of perishable farm commodities. We are not opposed to removing the agricultural labor exemption from the National Labor Relations Act (NLRA) and prefer this action over enactment of a state agricultural labor relations law. While we are opposed to a separate agricultural labor relations board, we believe a separate counsel and staff, cognizant and understanding of the challenges of agriculture, should be designated if the agriculture exemption to the NLRA is stricken.

State legislation must protect the rights of the workers, farmers and consumers against the loss of crops during labor disputes and should:

  • Preserve the right of secret ballot elections for farm workers.
  • Prohibit secondary boycotts.
  • Include workable provisions on bargaining units.
  • Prohibit strikes by workers during critical periods of growing and harvesting.
  • Guarantee the right of agricultural employers to reduce labor needs through mechanization.
  • Not include any requirement for a successor clause in a labor contract.
  • Ensure the continuation of the piece rate of payment for workers.
  • Ensure the equal opportunity to work without being forced to join a union or be required to finance or collect on behalf of a union.
  • Ensure that organizing activities do not infringe on the safety of the workers’ and employers’ lives and property.
  • Ensure union organizing activities do not interfere with agriculture production.
  • Ensure if a union agreement is in effect, money from workers’ dues could not be used for political issues, candidates or parties without the individual union member’s authorization.

The family farm exemption in the Migrant and Seasonal Agricultural Workers Protection Act is being eroded by the expansion of the terms “recruitment” and “transportation.” We oppose the inclusion of gratuitous referrals and transportation in the course of employment when the vehicle is not driven by a family member, in the determination of whether the family farm exemption applies.

The North American Industrial Classification System (NAICS), sector 11 should be the standardized definition for agriculture and farm work for all state labor legislation.

MFB should continue participating in recruiting efforts to ensure an adequate and legal agricultural workforce. Recruiting methods and programs currently being used should be evaluated for effectiveness. Efforts should be ongoing to more effectively encourage workers to come to Michigan.

The State Workforce Agency should only refer legally authorized workers to all employers.

We support:

  • The concept of an inmate vocational training program in cooperation with Michigan Works or other educational institutions to provide non-violent inmates the skills to be reintroduced to the workforce through the agricultural industry.
  • MFB efforts through its affiliate company, Great Lakes Ag Labor Services, to assist growers in navigating the cumbersome H-2A program. We encourage expansion into other viable visa worker programs. We support this program continuing as a “user pays” system and available to all MFB members.
  • The right of farm employees to join, not join, or resign from a union by their own convictions.
  • Reestablishing Michigan as a Right to Work state, where employees only voluntarily associate themselves with a union.
  • Expanded opportunities for employment of young people in agricultural operations.

We oppose:

  • Efforts by purchasers of farm commodities to force farmers to legally recognize and negotiate with specific labor organizations.
  • Purchasers of farm commodities enticing farm employees to join unions by paying their union dues.
  • Third party organizations attempting to force organized labor negotiations between farmers and farm employees.
  • A specific segment of our workforce being targeted for mandatory testing or regulatory compliance. 
Idea

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Wages and Compensation #53

53
Disabled

Although most farm employees are paid above the minimum wage level, it does serve as a floor for wage rates. The state minimum wage and piecework rates should not exceed the federal minimum wage.

We support:

  • An agricultural exemption from paid sick leave requirements.
  • Agriculture, as defined in the North American Industry Classification System (NAICS 11), remaining exempt from overtime wage payments.
  • Piece rates as a method of payment to allow for the variable situations found in agricultural employment. Piecework rates enable skilled agricultural workers to earn income above the average and/or minimum hourly wage.
  • The Michigan Department of Labor and Economic Opportunity (MDLEO) working with the agriculture community to support the payment of piece rate in compliance with state and federal law.
  • Minimum wage increases being tied directly to increases of all wage-based employer thresholds, such as unemployment compensation insurance, frequency of withholdings, and frequency of deposits.
  • Investigating a state surveying mechanism and auditing of the survey for calculating ag wages including adverse effect wage rate (AEWR).
  • Unemployment payments should never exceed 80% of previous full pay and should not exceed 20 weeks.
  • Fair market value for employer provided housing should apply toward fulfillment of minimum wage and AEWR requirements.
  • An evaluation of the current Unemployment Insurance Agency to make it user-friendly and accurate.
  • The Registration and Seeking Work Waiver be extended from a 45-day to a 120-day waiver for agriculture and seasonal agriculture-related businesses.

Economic development initiatives are important to the future of Michigan agriculture. We oppose any attempts to mandate union wage scales in economic development projects involving agriculture.

We oppose Workers’ Compensation rules that mandate fringe benefits be included in the base-rate premium, including housing and health insurance. We support the continued full liability coverage for employers who exercise due diligence in employee verification.

We oppose local units of government setting a minimum wage rate.

We oppose the concept of predictive scheduling of employees due to the unpredictable nature of agriculture and agriculture related businesses.

We oppose additional tax on payroll wages for health care.

More farms have added roadside markets and agritourism venues to their business. We believe MDLEO should view all workers used for roadside markets and agritourism venues to be considered agriculture employees. We encourage Michigan Farm Bureau to work with MDLEO to develop and improve agriculture classification codes. 

We strongly oppose the Improved Workforce Opportunity Wage Act (PA 337 of ’18) and the Earned Sick Time Act (PA 338 of ’18). We urge the adoption of reforms similar to PA 369 of ’18, restrictions to the policy applying only to employers with more than 50 employees, or outright repeal of the two acts.

We oppose legislation to give the Michigan Department of Licensing and Regulatory Affairs full control of youth labor in Michigan. Even the exemption for on-farm children is not enough as the new policy would be detrimental to feed mills, landscapers, and other ag-connected industries.

Idea

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Agricultural Worker Housing #48

48
Disabled

With aging infrastructure and the continuing lack of housing, renovating and building new agricultural worker housing is more important now than ever. However, continuing pressure with lower commodity pricing and increased input costs has made it difficult for farmers to make these improvements and maintain competitiveness in the market. 

At the same time, the overlapping of administrative oversight and inspection of agricultural worker housing requirements presents a fragmented format of rules. The Michigan Department of Agriculture and Rural Development (MDARD) Migrant Labor Housing Inspection Program is vital to agricultural employers and Michigan’s agricultural economy. This program verifies that agricultural employers have acceptable housing for employees and provides licensing for employers whose housing meets program standards/requirements. This licensing provides protection for both employers and employees.

We support:

  • Legislation developing uniform housing standards and requirements across state and federal agencies for agricultural workers.
  • MDARD being the sole inspecting licensor of agricultural worker housing in Michigan. 
  • The U.S. Department of Labor (USDOL) should recognize a current license issued by MDARD as proof agricultural worker housing is acceptable.
  • Federal and other state agencies should be in audit positions only and shall refer any apparent violations to MDARD, rather than issuing an immediate penalty.
  • That once agricultural housing is inspected and licensed by MDARD and then occupied, the USDOL and/or other agencies may not enter the dwellings, which are the homes of the employees, without the employee’s permission and proper advance notification to the farm owner.
  • MDARD continuing to provide a publication explaining the current licensing, inspection procedures, and regulations for agricultural worker housing.
  • The MDARD Migrant Labor Housing Inspection Program being a fully funded state program that includes pre-occupancy, post-occupancy and complaint-driven inspections, supplemented, if necessary, by reasonable fees based on licensed occupancy. 
  • The State of Michigan and MDARD providing licensing protection to employers who show a good faith effort to maintain their agricultural worker housing to MDARD standards.
  • Once agricultural worker housing has been inspected and licensed, any violations created by the occupant should not be held against the licensee.
  • Defining rights and responsibilities between an employer and an employee living in housing facilities provided rent-free by the employer, as well as procedures to be observed when the occupant is no longer an employee.
  • Legislation that creates a not more than seven-day eviction process for employer provided housing.
  • Increased state funding for agricultural worker housing development.
  • Agricultural employers renovating or demolishing abandoned housing. 
Idea

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Michigan Occupational Safety and Health Administration #52

52
Disabled

We encourage farmers to become aware of occupational hazards and voluntarily adopt safety programs. If the Michigan Occupational Safety and Health Administration (MIOSHA) establishes a standard for agriculture, Michigan Farm Bureau should work with MIOSHA to ensure minimal negative impacts. Non-mandatory guidance principles should be included in any final regulation.

We recommend heat-related labor regulations account for the diverse workforce requirements of agriculture and not be so restrictive as to create unnecessary difficulty in completing tasks essential to farming.

As MIOSHA continues as a policy-making body, it is essential that representation be provided for agriculture on applicable agency commissions.

We support:

  • Appropriate safety regulations.
  • Including construction standards and health standards in the agricultural exemption in MIOSHA administrative code MI R325.50171.
  • Educational programs and no-penalty first-time inspections and/or violations. 
  • A portion of the Consultation, Education and Training funding, derived from Workers’ Compensation premiums, being used for agricultural safety training.
  • Legislation allowing employers to provide employee safety information in an electronic format.
  • Changing reporting requirements for accidents/fatalities for agricultural operations to include 911 or other first responder supported reporting.

We oppose:

  • MIOSHA regulations that exceed federal OSHA standards and/or guidance.
  • Enforcement action against an owner/operator resulting from a self-imposed accidental injury. 
Idea

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Agriculture Security #57

57
Disabled

The threat of terrorist attacks on America has heightened awareness of the potential for agricultural terrorism.

We support: 

  • Increased penalties for individuals who destroy or contaminate agricultural property to create terror.
  • Increased communication between state and federal agencies in preparation for a response to an agricultural terrorist attack or threat.
  • Continued testing and monitoring of food and feed.
  • Evaluating the security of food and feed storage facilities.
  • Increased scrutiny and screening of imported agricultural goods.
  • Giving preference to domestically produced agricultural goods.
  • Changes to regulations established to prevent agricultural terrorism, which need to consider the importance of maintaining an adequate workforce for agriculture and related industries.
  • Increased funding for U.S. Customs and Border Protection to protect animal health and agriculture industries at airports and ports of entry.
  • A stronger effort to increase biosecurity measures on farm operations and at the state and national level.
  • Communication with local law enforcement and emergency services regarding suspicious activity.
  • Reporting theft of fertilizer, diesel fuel, or diesel exhaust fluid.
  • Verifying and validating requests for information about an agricultural facility.
  • Controlled access to facilities.
  • Screening of employees.

We oppose:

  • Additional regulation without consultation of the agricultural community.
  • Unauthorized entry by agents of the state of Michigan or the U.S. government into facilities (including worker housing units, barns, accessory buildings and fields) which violates the Generally Accepted Agricultural and Management Practices, Good Agricultural Practices standards, and biosecurity standards.

Foreign investment in Michigan assets is a concern, especially in terms of farmland ownership. Ownership of agricultural land by nonresident aliens, foreign businesses and foreign governments should be limited if not prohibited in Michigan. 

Idea

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Insurance #51

51
Disabled

We oppose assessments on individual insurance policies for costs not directly related to the coverage provided to the individual purchaser of that insurance. This further increases the cost of insurance and is a hidden means of taxation.

We support the principles in Michigan's no-fault insurance law that allow people injured in automobile accidents to receive economic compensation more quickly and equitably.

We support the following improvements to no-fault insurance:

  • A realistic cap on Personal Injury Protection (PIP) benefits.
  • Optional limits of PIP coverage (e.g., medical, wage loss, economic damages).
  • Using a schedule for medical and PIP benefits, like the workers' compensation fee schedule.
  • Better defining "injuries arising out of the ownership, maintenance or use of an automobile."
  • Requiring motorcycles to comply with the same rules as automobiles and trucks.
  • Place limits on attendant care.

We support legislation improving no-fault insurance, reducing the cost of auto insurance, and passing the majority of savings on to the consumer.

We oppose legislation attempting to equalize auto insurance rates. Additionally, we will not support auto insurance rollbacks unless they are offset by reforms that reduce costs.

Michigan's no-fault insurance law provides that drivers having accidents or tickets can be charged more for automobile insurance. To ensure that proper insurance premiums are charged, we support improved accuracy of the Secretary of State's accident/violation records.

The Michigan Auto Insurance Placement Facility, which insures high-risk drivers, should be fully self-funded.

Uninsured motorists increase costs to law-abiding citizens. We recommend increased law enforcement and an increase in fines and impoundment of the vehicle for uninsured motorists. 

We urge the exploration of methods to change the collections for the Michigan Catastrophic Claims Association Fund to ensure equity amongst motorists. 

Idea

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Zoning of Agricultural Worker Housing #55

55
Disabled

Adequate housing for agricultural workers is critical for Michigan agricultural producers and should not be negatively affected by local zoning ordinances. 

We support:

  • MDARD having exclusive responsibility for inspection and approval of occupancy for seasonal farm worker housing.
  • Amending the Michigan Zoning Enabling Act to allow farm worker housing, including multi-family housing and dormitories, as a use by right in all zones.
  • Creating a statewide migrant labor housing policy that preempts local authority. 
  • Legislation allowing farmers to share agricultural worker housing.
  • Developing state tax assessing guidelines that support agricultural worker housing.

We oppose: 

  • Local zoning ordinances that are stricter for agricultural worker housing than that of any residential home. 
Idea

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Agricultural Vocational Rehabilitation #56

56
Disabled

We support the concept and use of AgrAbility to keep producers, employees, and migrant workers viable, who have issues with walking, carrying, lifting and normal movements in day-to-day farm activities.

We encourage the state of Michigan, Michigan State University Extension, Michigan Farm Bureau and county Farm Bureaus to continue funding AgrAbility and publicizing its services, recognizing a 2.7:1 match from the U.S. Department of Education.

We support the Farmer Veteran Coalition in their mission to help veterans identify agriculture as a viable career option after military service. 

Idea

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Worker Protection Standards #54

54
Disabled

Michigan Farm Bureau should continue to work with Michigan State University Extension and Michigan Department of Agriculture and Rural Development (MDARD) to provide education regarding Worker Protection Standards (WPS) for farmers and farm employees.

We encourage MDARD to make the initial inspection and those should be educational rather than punitive.

We oppose the regulation of WPS by local units of government.

We support continued authority of MDARD to implement and enforce WPS.

Idea

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If you’re a Farm Bureau member and have an idea or amendment that you think should be Farm Bureau policy, we want to hear it! Our quick online form makes it easy to get involved in Farm Bureau’s policy-setting process.