The Public Employment Relations Board invites parties and amici to submit briefs regarding certain issues raised in A&J Kirby Farms, LLC, 56 PERB ¶ 4402 (2023); Porpiglia Farms, Inc, 56 PERB ¶ 4406 (2023); and Lynn-Ette & Sons, Inc, 56 PERB ¶ 4405 (2023). The Board requests briefing on the following questions:
- Should seasonal agricultural guest workers present in the United States on H-2A visas (H-2A workers) be included in a bargaining unit certified under the State Employment Relations Act, as amended by the Farm Laborers’ Fair Labor Practices Act?
- Should H-2A workers who worked for the Employer at the time the petition for certification was filed, but who have returned to their home countries at the time the certification issues, be considered employees who are included in the proposed unit?
Only one brief need be submitted for consideration in all three cases. Briefs not exceeding 25 pages in length may be filed with the Board in Albany, N.Y. on or before June 28, 2023. The parties may file responsive briefs on or before July 31, 2023, which shall not exceed 15 pages in length. No other responsive briefs will be accepted. The parties and amici shall file briefs electronically by emailing the briefs to [email protected].
