Class action filed By VICTOR CALDERON
Attorneys have filed a class-action lawsuit against three Salinas-area farm labor contractors and growers on behalf of more than 100 immigrant workers who say they were exploited because of their undocumented status, labor union representatives said Wednesday. In the lawsuit, filed Oct. 1 in Monterey County Superior Court, plaintiffs Pedro Diaz Bautista and Jose Zenon Tenorio Moreno contend their employers, Premium Packing Inc. in Salinas and Valley Pride Inc. and Sea Breeze Harvesting in Castroville, failed to pay them earned overtime wages and did not allow them to take meal and rest periods, among other charges. The plaintiffs, who worked on celery harvesting crews for the companies, are seeking compensation for their unpaid wages and court fees. The lawsuit will now be served to the employers, and a judge will determine if the case has merit. "Because a large number of ag workers are undocumented, abuses like this case are common," said Fritz Conle, representative for General Teamsters Union Local 890, which is representing Bautista and Tenorio Moreno. Conle spoke with reporters in the quad of the Monterey County Courthouse in Salinas. The two plaintiffs in the lawsuit did not attend as they were both working for different ag companies from those named in the suit. The lawsuit also contends the companies charged the men a fee to gain employment and required kickbacks from them in order to keep their job, a common practice for labor contractors, Conle said. "These workers have a tendency not to complain, and so these abuses can go on for years," he said. Officials for the three companies named in the lawsuit said they first heard of the case from reporters Wednesday. "We will investigate and look into the alleged violations if they were committed, which I don't think they were," said Jesse Alderete, president of Premium Packing. Alderete said the plaintiffs likely confused his company's procedures with those of the other defendants. He also said labor union officials often portray labor contractors in a negative light without noting their participation in programs like the Agricultural Business and Technology Institute at Hartnell College in Salinas. Joe Pezzini, a managing partner with Valley Pride, said the company is surprised to hear about the lawsuit. "We do follow all wage and hour rules and regulations," Pezzini said. A representative for Sea Breeze said that company would investigate the lawsuit but did not comment further. Salinas resident Esperanza Torres, who works in the packing industry, attended the news conference with Conle and said she came to support her fellow workers. "This case is something good for the industry, so employers know we have rights," Torres said. "We need to raise our voices and be listened to." |