The United Farm Workers has submitted Notices of Intent to Organize against at least four California agricultural businesses this week, signaling a broader organizing push.
A Notice of Intent to Organize, or NIO, is a formal notice that a union intends to organize an employer’s agricultural workforce. The UFW must submit authorization cards signed by at least 10 percent of the employees in the proposed bargaining unit. An NIO does not establish majority support or make the union the employees’ bargaining representative.
It does, however, impose an immediate obligation on the employer. Within five days, the employer must provide the ALRB with a complete and accurate list of the agricultural employees who worked during the preceding workweek, including their names and the contact information requested by the ALRB. Once the agency confirms the required 10-percent showing, the list is provided to the union and may be used to contact employees directly.
The recent activity illustrates how the NIO process can be used when a union lacks majority support. In one case, the UFW twice attempted to file a Majority Support Petition, which would have allowed it to seek certification without a secret-ballot election. The ALRB rejected both attempts because the UFW did not submit sufficient authorization-card evidence of majority support. The UFW then successfully filed an NIO, which requires a much lower showing.
The UFW is also tying its organizing campaign to recent wage developments. Organizers are telling workers that the union “fought the Trump Administration and won” its challenge to the federal H-2A wage rule and will obtain backpay for workers. The court did rule that the Interim Final Rule’s AEWR methodology was unlawful, but it did not vacate the existing rates. The U.S. Department of Labor has emphasized that no employer currently has an obligation to pay back wages and that any future wage-adjustment obligation remains unresolved.
The UFW is also taking credit for “pulling rates back up to $19.97,” an apparent reference to AB 2646. The enrolled bill actually sets a $19.75 minimum wage for H-2A workers and workers in corresponding employment, followed by a cost-of-living adjustment beginning January 1, 2027. AB 2646 remains before the Governor and is not currently law.
What Employers Should Do Now
An employer receiving an NIO should contact experienced labor counsel immediately. The five-day deadline leaves little room to resolve questions about the scope of the proposed bargaining unit, employee eligibility or the information that must be produced. Employers should preserve relevant payroll and personnel records, ensure the employee list is complete and accurate, and give managers and supervisors clear instructions not to threaten, interrogate, surveil or make promises to employees regarding union activity.
Employers should not wait for an NIO to prepare. Proactive measures include training managers and supervisors on lawful responses to organizing activity, reviewing wages and working conditions, responding promptly to employee complaints, auditing compliance with wage-and-hour and workplace-safety requirements, applying personnel policies consistently, and ensuring that farm labor contractors and frontline supervisors treat employees fairly and respectfully. Regular communication with employees and credible avenues for raising concerns can address workplace problems before they become organizing issues.
Strong workplaces start with strong communication. Western Growers University (WGU) training helps supervisors build trust, improve employee communication, address concerns effectively, and create workplaces where employees feel heard before issues escalate. Learn more about our supervisor and leadership training programs by contacting WGU Learning and Development Manager, Raul Leal at [email protected].