Gerawan Worker Votes to Be Counted in Fresno

Historic Day Following Five Years of Vote Count Suppression

News Release Edited By Patrick Cavanaugh

Today, the Agricultural Labor Relations Board announced that it will count the votes of Gerawan Farms workers after five years of illegally refusing to tally the ballots.

Supreme Court

Silvia Lopez, Gerawan farm worker spokesperson

Determined to avoid having union dues taken from their wages by a union that had abandoned the workers for almost two decades, Silvia Lopez and the Gerawan Farms employees courageously organized themselves in opposition to forced union membership. In November of 2013, thousands of Gerawan Farms employees voted on whether or not they would be represented by the United Farm Workers (UFW) in the largest worker election in ALRB history.

For five long years, the ALRB has suppressed the vote by refusing to count the ballots while the workers fought to vindicate their civil rights.   The Fifth District Court of Appeal in Fresno ruled in May that the suppression of the vote violated the workers’ statutory and Constitutional rights, and ordered the votes counted. Only after a dismissal of all appeals by the California Supreme Court did the government finally agree to count the ballots.

At 8:30 am on September 18, 2018, the ballots will be removed from the ALRB safe for inspection by the parties, and transportation to Fresno.

The ballots will be counted at 2550 Mariposa Mall, Room 1036 in Fresno at approximately 10:00 am. This tally represents a victory for farmworker rights over a union and a government agency that has tried to silence them.

2018-09-17T17:56:17-07:00September 17th, 2018|

A Different Perspective on the Immigration Controversy

Mexico Has a Responsibility Regarding Immigration, Expert Says

By Mikenzi Meyers, Associate Editor

With immigration becoming a hot-button issue within the political arena, those in agriculture have a deeper insight into this controversial topic. Arnoldo Torres, of the National Institute for Latino Policies out of Sacramento and partner with the public policy consulting firm Torres & Torres, has long been a leading voice for immigration within the ag sector—while realizing both countries (America and Mexico) need to do their part.

immigration reform

Arnoldo Torres

“Mexico has a responsibility to its people. The Central American countries have a responsibility. We’ve got to make sure that those countries are doing what they have to do to keep people from having to go elsewhere to make a living and to live,” Torres explained.

He knows this from personal experience, when his grandfather made a move to America from Mexico, with no opportunity to go back.

“They realized that if they had gone back, there was never going to be a life for them back home,” he said.

Torres further added that the desire for immigrant workers purely correlates with their unique work ethic.

“There’s that saying that necessity is the mother of invention. Well, necessity is the mother of work. I mean, we work to address a necessity.”

2018-09-14T16:25:21-07:00September 14th, 2018|

Radanovich: President Trump Needs to Enact Immigration Reform

Congress Will Not and Cannot Do it Alone, Radanovich Says

By Hannah Young, Associate Editor

The future does not seem bright for California farmers who are desperately searching for labors to harvest crops. California Ag Today spoke with George Radanovich, president of the California Fresh Fruit Association and former U.S Congressman, about the need for immigration reform.

George Radanovich

Radanovich spent 16 years in Washington, D.C, and from his experience is not convinced that Congress alone will make immigration reform right for California farmers.

“I think that we need to get to President Trump and suggest that he intervene by direct talks with Mexico and create a system that will not leave our farmers high and dry,” Radanovich said.

In order to assure that farmers have enough labor for harvest, immigrants should be allowed to stay in the country as long as they are working during the time the government is implementing a new system, affirming border control, and e-verifying immigrants, Radanovich explained.

However, getting a system of this type will be tough to get past Congress due to a large portion feeling that every farmer worker is probably illegal and needs to go back to Mexico or any other foreign country.

“They don’t get it because they don’t live here, most of them, so they don’t understand how the system works,” Radanovich concluded.

2018-08-17T16:37:35-07:00August 17th, 2018|

Immigration Policy: Focus, Initiate and Stop Reacting

Opinion/Editorial

By Arnoldo S. Torres with the National Institute for Latino Policy

I want to focus on the imperative of altering the narrative set by this president and his supporters and proposing policies that are comprehensive, inclusive, and responsive to the needs of the nation.  Regardless of any success or failure this year to pass any elements of immigration reform, I cannot underscore enough the urgency and importance for altering the false narrative.

Simultaneously it is imperative that Latinos prepare an immigration reform alternative that allows the public and policymakers to recognize a policy path that can be more effective and humane while protecting our border and internal security. We must not be ethnocentric but rather defy xenophobic nationalism, avoid isolation—not advocate an “open border” but be realistic, balanced, practical, and fair.

Politics have long reigned over policy on the reform of U.S. immigration law. This president’s actions and words over the last month cannot be better examples of this ugly and dangerous reality. In the past three weeks, the President ratcheted up his rhetoric on immigration at his Michigan rally.  We also saw and heard in Michigan and before military audiences that despite there being more than 100 million Americans who can trace their history to Ellis Island, there are far too many who today stand in support of the very sentiments and “know-nothing” values that would have denied their ancestors entry to this nation. The words of fear, anger, and demagoguery sound so similar to what was said in the early 19th century when we experienced the most significant movement of immigrants to this nation from Europe.

Up to now, immigration advocates and Latino elected have responded in kind, defensively and with emotion. The liberal groups funding immigrant rights groups seem more interested in media coverage than creating a strategy that can overcome the political extremism that has evolved in the nation.

False Narratives

The false narrative around the causes and consequences of immigration has a clear intent: repeat it enough times that the public comes to believe that undocumented immigrants are criminals involved in trafficking drugs, who threaten the national security of this nation, advocate for open borders, do not reflect the “best” of their countries of origin, and live in sanctuary cities that are “breeding grounds” for criminals. This must change. It dictates and corrupts the substance and policy path for solutions.

Those advancing this image select anecdotal examples to bolster their mean, racist and xenophobic values. This president does this virtually every time he speaks to his base. Despite his demagoguery comments in Michigan and his threat to close down the federal government if he does not get funding for his border wall, even substantial numbers of evangelicals continue to support an agnostic, at best, in the name of the Lord!

Latinos, immigrant advocates, and liberal foundations spend most of their time responding and reacting, not initiating. This has always placed us in a defensive position while allowing false narratives to be circulated and take hold in the public’s mind and with policymakers.

Many who support these claims fail to come to terms with the facts that immigrants—legal, undocumented and refugees—at the turn of the century were engaged in organized crime in Jewish, Italian, Irish, and English immigrant communities.  Many immigrants that came to the Island of Hope came from countries that fought against the U.S. in World War I and II.

In response to the constant hateful words, bully tactics and persecuting policies on immigration, we have allowed this behavior to infect our judgment.  We have failed to recognize that all immigrants are not Jesus-like—we are human! We have imperfections, and many will do bad things that cause intended and unintended consequences to others.  When these things have happened, we have not condemned such actions, we have, at best, ignored them for fear that we are giving into this narrative.  In failing to denounce such acts we have contributed and strengthened this narrative.

Similarities of Yesterday and Today’s Immigrants

We must remind this nation that today’s immigrants and refugees have much in common with those at the turn of the century. Some efforts have been made to emphasize these points, but they are primarily secondary arguments in the national media.

Latino voices on this issue spend most of their time defending their concerns and aspirations for legalization by engaging in campaigns of embarrassing Republican and some Democrat elected officials. While many deserve it, this is a losing tactic which in most situations has merely served to satisfy the expectations and stereotypes applied to Latinos.

Immigrants yesterday and today have experienced many of the same “push factors” that caused them to make this most difficult journey. They arrive today for the same reasons some 12 million entered between 1892 and 1954. As an Italian immigrant is credited with saying, “If America did not exist, we would have had to invent it for the sake of our survival.” We share the same experiences of living in countries of origin that serve as a police state, suppress economic opportunities, deny education, and ignore the concepts of a democratic society. Contrary to the statements of immigration nationalists, people do not decide to journey to this nation because they want to be Democrats or Republicans. Freedom is what all seek!

Yesterday’s immigrants primarily came via boats in steerage class that government reports described as, “The unattended vomit of the seasick, the odors of the not-too-clean bodies, the reek of food, the awful stench of the nearby toilet rooms make the atmosphere in steerage such that it is a marvel that human flesh can endure it.”

Today’s immigrants must walk through deserts, hostile countries, risk life and limb on trains, pay thousands of dollars up-front and after they enter—if they enter—the U.S. They are profit centers for organized smuggling rings and transportation for illegal drugs. Many perish on this path because they are easily exploited and manipulated.

The descendants of past immigrants sit in harsh judgment of those fleeing the same situations their forefathers were fortunate to leave. They argue that their ancestors are different from today’s immigrants which is an ignorance ripe for the type of exploitation that has been growing since the 1980s and only getting worse with time. There is no better example of this ignorance and hovering xenophobic nationalism than the comment made by White House Chief of Staff and former General John Kelly, who stated that the majority of immigrants are “… not people that would easily assimilate into the U.S. … They don’t speak English … They don’t integrate well, they don’t have skills.”  This is almost precisely the very words used to describe the immigrants that came from Ireland, and all of Europe.

There are NO immigrant groups in this nation that have a perfect profile and behavior regardless of when they entered!

2018-07-02T12:11:40-07:00July 2nd, 2018|

Latinos’ Responsibility on Immigration Reform

Commentary on Latinos and Immigration Reform – 2 of 4 Parts

Latinos Have a Unique Challenge 

By Arnoldo S. Torres with the National Institute for Latino Policy

 We have a unique challenge as Latinos. We must provide a path to solving this public policy puzzle of immigration reform while avoiding the ugly attitudes and behavior that are rampant today. We must undertake a critical assessment of our tactics, strategies, activities, and words we use because words are essential not only on one side but all.

This self-critique is hard to undertake; it’s always easier to point the finger. Latinos have played a key role in not achieving what we say we seek: a practical, humane, efficient and fair immigration reform.  There are aspects of this long and ugly road traveled that we must understand (from more than one point of view and experiences), discuss, dissect and correct if we are to bring about what we say we seek.

How I Learned About Immigration

My perspectives, ideas, and vision for humane, practical, fair and just immigration policy for this nation began to be developed 39 years ago in 1979.  I had the honor of serving as the legislative director for the League of United Latin American Citizens (LULAC) in Washington, D.C. I had the privilege of working with a group of people from other nationally known organizations on the recommendations of the Select Commission on Immigration and Refugee Policy (SCIRP) for comprehensively reforming U.S. immigration policy. Law created the Commission in 1978, making it bi-partisan, and included four public members representing labor unions, local and state government, and the judicial branch.

It could not have been created nor efficiently functioning today because there is a dangerous lack of courage and leadership in Congress on both sides of the aisle. It appears, by their statements and actions, that the majority of Congressional members are incredibly ignorant of the dynamics surrounding U.S. immigration policy, the “push” and “pull” factors that cause people to take phenomenal risks. They have intentionally failed to read and comprehend the history of these factors that virtually color all immigrants to the U.S. with the same desperation, survival instincts, desires, and dreams.

These members have not elevated the tone of the emotionally-charged rhetoric or imagery, but intentionally over-simplified the complexities and motives of immigration movements. There are too many “aggrieved parties” who lack the desire to solve problems facing the nation unless they can satisfy the growing ideology and political silos on the right AND left! They follow a very narrow and faulty narrative on immigration.

immigration reform

Arnoldo Torres

I learned first-hand the many facets, difficult choices, and responsibilities associated with the realities surrounding immigration policy many years before my experience in D.C.  I began working in the tomato fields of California agriculture at the age of ten. It was not a summer outing but a necessity. I had the responsibility of having to pay for my school clothes for the year, which was referred to as “la cosa Christiana” as my grandfather put it.  My mother and uncles began work at an earlier age in Texas, younger than ten years old, while going to school.

Beginning at five years old, and every other year after until I was 28, I would visit relatives in Ciudad Delicias, Chihuahua, Mexico. I came to recognize early the sacrifices my grandfather made to cross the border at the age of 12 to work as a water boy on the railroads of Texas. At 17, he was able to bring his mother, brother, and sister to the U.S. Two generations of my family experienced a great deal of discrimination before I began to see and feel it when I was very young.

Political Parties and Media

Elected officials, from both political colors, express their concerns about the immigration polemic, defending or attacking one another, insisting that their positions are true and pure. Posturing for their ideological fan base is primary while facts and knowledge play a secondary role.  There is a prevalent attitude of “don’t confuse me with the facts” because my base only wants “red meat” regardless of its quality. Both parties have made this issue so toxic by having it be more about politics than about policy, fairness and economic reality.

At such a crucial time for Latinos and the nation, we have two ill-prepared political parties who cannot rise to the challenge of what the world sees is the demise of the shining country on the hill. Liberals believe Democrats are better for us, but that is because Republicans care so little about us.

Making a significant contribution to this dynamic has been a President that began his campaign by revving up the deepest-seeded xenophobic characteristics of American nationalism. He has made it so much easier for this ugly side of nationalism to be manifested in the style of a Tucker Carlson show or commentary by the mean and hypocritical Ann Coulter or Laura Ingraham—all in the name of Making America Great Again.

Fox News churns out the type of stereotypes Hollywood used decades ago and even to this day about Latinos; they ignore facts and make sure that the Latino immigrant profile never deviates from the criminal, drug dealer, and threat to U.S. security and motherhood. The very people whose history in this nation includes organized crime, criminals in their countries of origin, and enemies against the U.S. in TWO world wars now sit in harsh judgment of us.

On the other side of the spectrum, we have Jorge Ramos of Univision forgetting that he is the journalist but behaves like a one-dimensional advocate. He is well intended and has become the darling of the political left in journalism.

You want a Latino to talk about immigration; the English media selects Jorge, who provides no real insight but ticks off the usual talking points.  Then we have CNN, whose hosts and panels/guests discussing immigration are primarily non-immigrants and non-Latinos. The guests representing the left and the right say all the typical things but in a very chaotic format. They exhibit such intolerance for one another that it turns off the viewer and furthers the divide and ignorance.

2018-05-17T15:36:41-07:00May 17th, 2018|

H2-A is Only Legal Solution For Labor Without Immigration Reform

H2-A is Heart of One Farm Labor Contractor

By Patrick Cavanaugh, Editor

H2-A employees are the heart of one major farm labor company. Steve Scaroni owns Fresh Harvest, a premier labor provider and staffing and harvesting company to the agricultural industry and the western United States. But the company’s main emphasis has always harvested crops related to salads; they have also expanded into permanent crops.

“Last year, we started citrus and pears, and we will continue to expand in vegetables with anything that goes into a salad, lots of head lettuce, romaine, and broccoli, which is what we have been doing for a long time,” Scaroni said.

And then we touch a lot of salads every day. The H2-A temporary agricultural program allows agricultural employers when anticipating a shortage in domestic workers to bring non-migrant foreign workers to the US to perform agricultural services for a temporary or seasonal nature.

Steve Scaroni

“If it wasn’t for H2-A, I wouldn’t be in business. I mean that’s the only way to get a legal worker into California to serve my customers demands for the services we offer, which is mostly labor and harvesting,” Scaroni said.

“And we’re even starting to do a lot of farm services. We’re bringing up 100 irrigators this year to put throughout the Salinas Valley because our Salinas customers can’t get enough irrigators,” he said.

Being a labor contractor has its difficulties. It takes a lot of work. It’s a very bureaucratic process-driven application process.

“Laborers that show great work ethic will be able to work for a longer period of time. A worker could technically stay if I can move it from contract to contract, and I can keep the temporary employee for three years,” Scaroni said. “But then he has to go back for 90 days, but it’s very hard to time the contracts for that to work.”

“So most guys, they’ll do five, six, seven months. They’ll go home before they can come back. And then the guys that are really good workers with and a great attitude and really get it done for us. We’ll move to another contract. Will even retrain them in a different crop if they have the right attitude and work ethic,” he said.

2018-05-08T17:11:52-07:00May 8th, 2018|

HR 4760 Must be Opposed

Nisei Farmers League Opposes Congressman Goodlatte’s Bill H.R. 4760

By Manuel Cunha, President of Nisei Farmers League

Nisei Farmers League strongly opposes HR 4760, the bill known as “Securing America’s Future Act of 2018.”

This amended legislation does not deal with the most pressing issues we had with it.  The legislation should not alone deal with agriculture production, but the other industries as well, that are working in our country, our states, our cities, as well as our rural communities.

Those are the people and families we should be trying to help, versus penalizing the employers, penalizing the people that work and provide the taxes, the social security and contribute economically to their communities. Congressman Bob Goodlatte of Virginia, the bill’s author, never worked with local communities and local elected officials, and did not receive input from organizations, such as ours.

The legislation does not adequately address the people and their families who are currently working here. Our workers are not criminals. They should not be involved in the touchback process and should not have wages withheld.

This bill has allotments for guest workers, but doesn’t adequately deal with DACA. Congressman Goodlatte is trying to appease the March 5th deadline on DACA with a half-hearted solution.

Until they sit down with the real people who deal with immigration every day, such as businesses, law enforcement, and churches, NO LEGISLATION LIKE THIS SHALL BE PASSED.

We will do everything in our power to STOP IT!!!!”

For comments and questions, call Manuel Cunha, Jr. at 559-251-8468.

See the Text of HR4760 at this link:

https://www.congress.gov/bill/115th-congress/house-bill/4760

2018-02-23T15:29:35-08:00February 23rd, 2018|

Tom Stenzel Says Produce Safety Critical

California Ahead of the Curve on Food Safety

By Patrick Cavanaugh, Farm News Director

Tom Stenzel, President and CEO of the United Fresh Produce Association, a lobbying group in Washington D.C., recently spoke with California Ag Today about new developments in food safety as well as some recent issues in regards to labor.

“Our industry’s been revolutionized in the commitment to food safety over the last ten years. Everybody from the ground up through the processing facilities … it’s our number one priority. The same time, the feds have these new rules and regulations that are coming out with some compliance states starting now in 2018, so we’re just trying to make sure that it is reasonable enforcement that the Feds understand as they’re looking at farms, looking at processing facilities, that we’re in this together. Ultimately, all of us just want to make sure that consumers have safe food,” Stenzel said.

Stenzel said many producers in California are already ahead of the curve when it comes to food safety.

“I mean, you look at the leafy greens industry on the Central Coast: They’ve been ready for a good while with very high produce safety standards,” he noted. “But … there’s some areas across the country where it’s going to be a little bit more challenging. But that’s OK, too, because everybody wants to raise their game. They want to make sure that we’re doing everything we possibly can to deliver safe food.”

Stenzel noted that labor is a big issue, especially in California.

“The number one issue I’m hearing across the country from fruit and vegetable agriculture is the shortage of labor. Now for us, the solution – it’s going to be two parts. It’s got to be a new future guest worker program, and for that, we really thank U.S. Congressman and Chair of the House Judiciary Committee Bob Goodlatte for raising the issue [and] pushing a bill. It’s not everything we want to see, but at least he’s raising his head on that issue,” Stenzel said. “However, we need to deal with the current workforce.”

“We also need to have a bigger commitment to get legal status for those who are already here. These are men and women who’ve been here for twenty years,” he explained. “This is their home where they have raised their families, they’ve got children who are U.S. citizens and they’re working in our fields. We can’t deport them. That doesn’t make sense as a country and certainly not as an agricultural industry.”

 

2018-01-16T17:42:29-08:00January 16th, 2018|

Congress Fails on Agricultural Workers

A Failing Congress

 Editor’s Note: This letter was submitted by Manuel Cunha Jr. He is President of the Fresno-based Nisei Farmers League.

Every day, thousands of people wake up before the sun rises, pack their lunches, and drive or carpool their way to work. Some toil underneath the hot sun, while others are inside feverishly packing perishable items to make sure they make their cross country or ocean voyage in time. Six days a week they repeat this routine and how are they rewarded? With the fear that they will not be able to continue this routine.

These are OUR agricultural workers. Who provide us with the safest food that we, our representatives in Washington D.C., and officials in the White House buy at our stores, farmer’s markets, and restaurants.

These workers have children, many born in the U.S., that they must figure out who is going to take them to and from school, practice for sports and other activities, or who is going to care for their child while they’re at work. The same thing that any U.S. citizen parent must figure out.

They pay taxes and Social Security deductions, the latter which they will receive no benefit from.

They are the backbone of an industry where, in California alone, farmers sold almost $50 billion worth of food in 2013. Yet, between 2002 and 2014, the number of field and crop workers in the state declined by about 85,000, leading to a drop in the number of entry-level workers available for difficult jobs like hoeing, harvesting, and planting. While technology is often touted as a cure for every economic ailment, when it comes to delivering California’s crops to the nation’s kitchen tables, there is no app for that. Instead, we need skilled farmworkers, along with smart land and water use, to maintain our agriculture rich history.

On October 2, 2017, Congressman Goodlatte introduced H.R. 4092, it provides a pathway for our undocumented agricultural workers to obtain an agricultural work visa (H-2C visa). It also provides for a system, instead of our broken H-2A program, to bring in more agricultural workers into the U.S. to make up for our shortfall. By October 25, 2017, the bill had been amended to the detriment of our current agricultural workers. There are many flaws with the legislation, especially the deduction of 10% from these worker’s wages which was to be put in a trust account. The purpose of this is to provide “a monetary incentive for H-2C workers to return to their country of origin upon expiration of their visas.” To receive the money that they already earned, they must apply and establish that they have complied with the terms and conditions of the H-2C program. They then have return to their home country to obtain the payment.

Did we not learn anything from the Bracero Program, implemented between 1942 to 1964, that also withheld 10% of the worker’s wages as an incentive to return to Mexico? They never received those wages, and the workers of the proposed legislation may have received the same fate.

The inability by Congress to provide legislation for our undocumented agricultural workers living in the U.S. and a workable guest worker program has led to more members in my industry clamoring for more H-2A workers. This is a betrayal to the hardworking men and women who work for them.

Some have been living and working here for over 25 years, hoping that Congress passes legislation similar to the Immigration Reform and Control Act of 1986 – the last time Congress passed meaningful immigration legislation for our undocumented agricultural workers. Instead of meaningful legislation, some want to give them pink slips. These are skilled, hardworking people that are vital members of our communities and some want to toss them aside. What will become of them, their children, our communities?

Not only has Congress failed to protect our undocumented agricultural workers, but they seek to punish them. Congressman Lamar Smith recently introduced H.R. 3711. The bill would make mandatory and permanent requirements relating to use of an electronic employment eligibility verification system, more commonly known as E-Verify. It is a federal program that allows businesses to check a new employee’s immigration status within a matter of seconds. It will replace the current system, where the new employee fills out Form I-9 and present documents that they are eligible to work along with an identity document. The employer must take the documents at face value.

This would decimate our agricultural workforce, along with the hospitality industry, and in California, the building industry. It won’t just effect businesses, but more importantly, it will hurt families. Families that go to our schools and churches.

It is time for Congress and for all the members in my industry to get behind some of the hardest working members in our society and provide them with legal status. These are the people who make America great!

Sincerely,

Manuel Cunha, Jr., President, Nisei Farmers League

1775 N. Fine Avenue, Fresno, CA 93727

559-287-5610 cell

559-251-8468

2017-12-15T15:14:04-08:00December 15th, 2017|

Agricultural Guestworker Act Won’t Help California

Proposed Legislation Long Way from What State Needs

By Joanne Lui, Associate Editor

Virginia Congressman Bob Goodlatte’s Agricultural Guestworker Act is moving forward for the full Ag Committee to consider it, but according to Paul Wenger, President of the California Farm Bureau Federation, it’s a long way from what California needs.

“They did something with the H2C proposal. It’s a long, long, long ways from what we need here in California. We’ve been very clear on that … with Kevin McCarthy’s office, being the leader of the Republicans and really our key architect for all things that go through the Legislature, and so we’re in constant contact with Congressman McCarthy,” Wenger said.

The ag leaders in California are pretty astounded that Congress is doing anything about labor.

“We’re glad we finally got something to discuss, but there’s a long ways to go,” Wenger explained. “As it’s written, as it came through the subcommittee, there’s really nothing there that would work for our employees here in California and give us the kind of flexibility that we need, but we need a vehicle to start the discussion. … Talking to Congressman [David] Valadao’s office, Jeff Denham and others on the Republican side because it’s really got to be led by the Republicans.”

“We  now need a lot more that will allow for some portability of our workforce, in order to get legal documentation for those folks that don’t have good documentation that are already here in our state working without touchback, because we know folks aren’t going to go back and stand in line for 20 years waiting for some kind of a work authorization.”

 

2017-11-07T21:47:30-08:00November 7th, 2017|
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