Prof. Cletus Daniel, Professor of Labor History, Dies

Written by Bruce Goldstein Wednesday, 21 April 2010 21:57

Cletus Daniel, Prof. of Labor History at the Cornell University School of Industrial and Labor Relations, died suddenly on Sunday at age 66. A highly regarded teacher and writer, he wrote Bitter Harvest (1981), a history of California farmworkers through 1941 and other labor history works regarding agricultural workers.  His other books covered textile workers in the South and the development of employment discrimination protection for Latino workers.  He also led the School's program placing students as interns in Washington, D.C.

FJ's Executive Director,  Bruce Goldstein, took classes with Prof. Daniel while in college as well as an independent study project on the history of agricultural workers (which he found fascinating but never expected to find useful).  A few years ago, Bruce taught a class as an adjunct professor for the D.C. program led by Prof. Daniel.  Prof. Daniel said that his first book was about farmworkers and his last book would be about farmworkers, and we hope it will be published.

We express our condolences to Clete's family, friends and colleagues.  More information about Clete is available at the Cornell website.

Federal Court Rejects Agribusiness Attack on Obama Administration Rules on Agricultural Guestworkers

Written by Bruce Goldstein Friday, 09 April 2010 14:24

Secretary of Labor Solis's Policy on Migrant Farmworkers Remains in Force

Today, Judge Osteen of the U.S. District Court for the Middle District of North Carolina, in Greensboro, held a hearing on the request for a preliminary injunction filed by the North Carolina Growers Association and the American Farm Bureau Federation in their lawsuit to overturn the H-2A program regulations issued by Secretary of Labor Hilda Solis. The new regulations issued by Secretary Solis became effective March 15, 2010. The Solis regulations primarily restored labor protections and processes under the H-2A agricultural guestworker program that the Bush-Chao Administration had taken away and replaced in regulations that became effective in January 2009, just before President Obama took office.

Judge Osteen ruled that the plaintiff grower organizations had not met the standards for issuing an injunction. The Solis H-2A regulations, therefore, remain In effect. The growers argued that the regulations were arbitrary and capricious and that the concerns of small business had not been adequately considered.

The Department of Labor, represented by the Department of Justice, defended the case, arguing that the regulations were lawful and that the process by which they were issued was lawful.

The United Farm Workers, the Farm Labor Organizing Committee, AFL-CIO, PCUN (Oregon's farmworker union), Change to Win and two dozen individual farmworkers from around the country joined the case as "Defendant-Intervenors" to support Secretary Solis's decisions and demonstrate the harm that would result to tens of thousands of workers if the injunction were granted.

Parties can appeal the decision. This was a decision on a "preliminary" motion. The parties could still litigate, through the usual longer process, the merits of the case. However, in a case like this involving administrative agency policies, there is no trial and the court's decision on the preliminary injunction is likely to be its decision after a fuller briefing of the case.

In many places where the H-2A program is used, the difference between the Bush-Chao wage (which often amounts to the federal minimum wage - which is $7.25 per hour - or the state minimum wage if it is higher, such as California's $8.00 per hour) ) and the restored wage rates under the Solis regulation is about $2.00 per hour. The Solis formula, which was put into place under the Reagan Administration in 1987 is based on USDA's Farm Labor Survey and is set for each state. During 2010, under the Solis (and Reagan) formula, the following wage rates apply under the H-2A program: Florida: $9.20 per hour; California: $10.25 per hour; North Carolina: $9.59; Washington: $10.85; New York and New England: $10.16.

"We thank Secretary Solis for her attention to farmworkers and the reinstatement of basic labor protections under the H-2A guestworker program. We are pleased that the judge ruled against the agribusiness groups that sought to perpetuate the harsh Bush-Chao policies issued in the last moments of their Administration. It's unfortunate that tens of thousands of farmworkers at H-2A program employers suffered the impact of low wages and lost benefits during 2009," said Bruce Goldstein, Executive Director of Farmworker Justice. "Now, the DOL must turn to vigorously enforcing the labor standards in agriculture, where violations of workers' minimum protections are rampant," he added.

For the farmworkers, the lead attorneys are Greg Schell of the Migrant Farmworker Justice Project of Florida Legal Services; Robert J. Willis, a private attorney who is also general counsel of the Farm Labor Organizing Committee, AFL-CIO; additional organizations representing the workers are California Rural Legal Services, Change to Win, Farmworker Justice, Georgia Legal Services, Southern Migrant Legal Services, Southern Poverty Law Center and Texas RioGrande Legal Aid.

Farmworker Justice thanks Edward Tuddenham for his pro bono assistance on the case.

 

NY Times Editorial Notes New Labor Enforcement at DOL

Written by Bruce Goldstein Wednesday, 07 April 2010 06:43

There is new activity in the U.S. Department of Labor to enforce the minimum wage and other basic protections, and the New York Times has high praise for the efforts.  With rampant violations of workers' rights in low-wage jobs, these are welcome developments.  Farmworker Justice and other organizations have made recommendations to the DOL about the best ways to achieve compliance with labor laws in agriculture, including to end the scams associated with grrowers' use of  farm labor contractors.

Can Guestworkers Attend Their Own Court Hearing on Labor Rights?

Written by Bruce Goldstein Tuesday, 06 April 2010 21:59

The Marshal at the Federal courthouse in Greensboro, NC said that Mexican citizens who are working in North Carolina as H-2A program guestworkers cannot enter the courthouse to attend hearing on the lawsuit in which they are parties.  The hearing is set for Friday. 

Grower groups sued Secretary of Labor Solis to stop the new H-2A regulations.  Several workers who are employed under H-2A program, and are represented by the Farm Labor Organizing Committee, want to attend the Friday hearing.  They have their passports from Mexico and a visa is stamped on the passport allowing them to work as H-2A workers in U.S. agriculture this year.  The Marshal does not want to allow anyone into the courthouse who doesn't have an ID issued by a US state.  FLOC's attorneys with support from others in the case (including Farmworker Justice) are asking the judge to order the Marshal to allow the workers to enter the courthouse. 

We hope and expect the judge will allow the workers into the courthouse for the hearing.  But this is just another example of how the entire guestworker program subjects people to a marginalized status.  If the workers are needed for their labor, they should be allowed to be more integrated into the society and the economy.  A guestworker should not need a court order to enter a courthouse to attend a hearing on a lawsuit in which he or she is a party. 

Especially since the lawsuit involves, among other things, whether the workers will experience a significant pay cut.