ROCHESTER (New York) CHRONICLE & DEMOCRAT

March 1, 2010

Proposed bill aimed at protecting farm help

Diana Louise Carter • Staff writer

The state Senate’s Agriculture Committee planned to hold a hearing today on an issue that seems to pit apple pie against the people who pick the apples. And milk the cows. And sow and harvest the vegetables.

The official agenda is the Farmworkers Fair Labor Practices Act, which would extend some of the protections to farmworkers that exist for other jobs, such as the right to collective bargaining (only on very large farms), overtime after 60 hours in a week, and a guaranteed day of rest.

Opposing the bill are farmers, many of whom are suffering financially because of higher costs and lower prices for their products but who haven't lost their powerful lobby. Through their organization, the New York Farm Bureau, farmers have visited many legislators to make clear their opposition to the measure and their intention to seek the defeat of lawmakers who don't vote their way.

Supporting the bill is a coalition including labor unions and social justice advocates, from people who provide legal assistance or training to farmworkers to the Roman Catholic Diocese of Rochester.

The bill also pits legislators with rural constituencies against urban lawmakers. Sen. Michael Nozzolio, for instance, a Republican whose district includes the apple country of Wayne County, has already gone on record in opposition to the bill. Republican Sen. Joseph Robach, who represents parts of Rochester and some of its suburbs, is a co-sponsor of the bill. His legislative director, Tim Ragazzo, said Robach will watch today's discussion closely.

Farm workers themselves have largely been silent on the issue because of language barriers, fear of losing work or legal status.

"I'm disappointed that people have the idea that farmers take advantage of their workers," said Cathy Martin of Martin Farms in Hamlin. She plans to testify today at the hearing.

"If there are abuses of the law as it is, then go after that farmer," Martin said. The industry is already heavily regulated, she said, and farmers often consider their workers to be like family. But during harvest season, everyone on a farm must work long hours, from the owners to the hired help, she added.

Churchville dairy farmer Kim Zuber said adopting overtime rules in New York would cause farmers to cut back on the hours they offer workers because they couldn't afford to pay at a higher rate. That, in turn, would encourage farm workers to move to states without such regulations, he said.

"Time and a half would put New York farmers at a severe disadvantage," Zuber said. "It's a federal issue, not a state issue."

Farm-worker advocates doubt changing the law would drive workers away.

"If there's work, people will still come. They're not going to run out of bodies," said Peter Mares, an outreach worker for Catholic Charities of Wayne County.

Although farmers are quick to point out that they pay a decent wage — apple pickers are often paid $9 to $15 an hour — Mares said there are abuses, and workers have little say in how they're paid. One dairy farm worker told him he gets paid just $6 an hour after the owner imposes various "taxes," including the cost of a bar of soap he provides for his workers.

Advocates say the issue is about basic human rights.

"It's not the idea of them working seven days a week, it's the idea of them having the option to take a day off" without fear of losing a job, said Velma Smith, senior executive director of PathStone Corp., an agency that provides job training for agricultural workers.

"A fair day's work should deserve a fair day's pay. Just like all of us, (farm workers are) feeding families. It's not like their needs are less than anyone else's. They have kids who want to go to college, too." Smith said.