No. 304, Nov. 11 - 17, 2004

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LOCAL & REGIONAL



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At the table: NC farmworkers continue their struggle

 





At the table: NC farmworkers continue their struggle

By Najwa Lynch

Nov. 8 (AGR) -- Hasta la Victoria! (Until Victory!) Those three words can mean a lot to farmworkers and their families. A month ago, farmworkers throughout North Carolina discovered just how much it meant when they won the largest union contract in North Carolina history and the first such contract with H-2A (guestworker) immigrant farm laborers.

Last week, the North Carolina Council of Churches (NCCC), National Farm Worker Ministry (NFWM), and Farm Labor Organizing Committee (FLOC) hosted a rather celebratory public forum on farmworker issues in Durham, North Carolina. Of course, there was a lot to celebrate. North Carolina has the fifth most immigrant farmworkers in the country. Although North Carolina has the single most H-2A laborers, a majority of the immigrant workforce are undocumented workers from Mexico. Despite the obstacle of trying to organize a very vulnerable and contingent workforce, FLOC won its campaign to organize 8,000 farm laborers in the state, ending a five-and-a-half year boycott of Mt. Olive Pickles.

Lori F. Khamala, of the NFWM, and Brendan Greene, a FLOC organizer, told how such a historic victory was possible. Khamala explained that it was a three-pronged approach to victory. First, there was the economic pressure being placed by the boycott. Then there was the moral pressure being put on the Growers’ Association by the NCCC. And finally there was the massive legal pressure being placed. In the end, the NC Growers’ Association decided it was cheaper and easier to sign the contract.

But more than this, Greene explained, Mt. Olive has signed a neutrality agreement for farmworkers that are not H-2A, allowing union organizers safer and easier access to workers.

The scope of this victory was made clear by Leo Rodriguez, a Sampson County farmworker and FLOC member. Rodriguez talked about his previous jobs as a migrant worker. He first came to California in 1994 as an undocumented worker. Coyotes, a term used for people who smuggle immigrants across the US border, would charge thousands of dollars for a trip that was not only more expensive, but less safe than legally crossing. Rodriguez came back in 2000 to work for Carson Barns picking cucumbers in North Carolina. Rodriguez was hired through the H-2A program.

When asked why employers would choose to hire H-2A workers at $8.06 an hour as opposed to hiring undocumented workers at $5.15 or less, sadness appeared in Rodriguez’s face and a harsh reality was recounted. The H-2A program gives employers a lot of power. It insured them a workforce. For example, when a farmworker is given a visa through the program, they are then signed into a contract with their employer. To receive further visas, the farmworker must maintain a good relationship with their employer. This meant that if a worker got hurt, complained, or tried to organize, they were typically sent back to their country of origin and repudiated from the H-2A program. If an entire workforce tried to organize or file grievances, they could all be fired, deported, and expelled and the H-2A program would immediately ensure the employer a new workforce.

Undocumented workers, however, described themselves as free simply because if they were unhappy with the working conditions or their employer, they could leave without facing imminent deportation or exclusion from any future work. Rodriguez echoed this sentiment while recounting his own experiences.

When this season’s sweet potato harvest first began, Rodriguez tripped and hurt his back (causing two herniated, slipped discs). He reported the injury two or three times to his crew leader, but the response he got was that he could die for all the crew leader cared. He worked for about fifteen days until Brendan Greene took him to a clinic. His injury caused him to be out of work for four weeks. He explains that while he was working for Carson Barns in 2000, injured workers were deported, leaving the workers to pool money to help their friends and family travel back home. Thanks to their new union contract, however, Rodriguez is able to continue work and has received $600 in worker’s comp.

Greene explained how victories like this continue to be won in the month since the contract was signed. More than 500 grievances were filed in the following weeks, all of which have been won, including $6,000 in back wages at one of the state’s largest farms. Many laws were being broken before the union contract was signed. Illegal treatment of workers, unsafe working conditions, inadequate compensation, unpaid breaks, and so on. Now that is changing, the panel explained. As Brenden Greene stated, “We are hoping to bring freedom back to contract work.”

But the work is far from over, they explained. Although the Mt. Olive boycott has ended, they are asking people to continue the boycott of Taco Bell for their treatment of tomato pickers. And now that the first victory is here, FLOC is to continue their aggressive campaign of talking to and organizing farm laborers throughout the state, a campaign which they explain require more and more volunteers. The farmworkers have been successful in bringing management to the table; now the work is keeping them there.