Washington State Berry Farm Seeks to Displace Domestic Workers with Foreign Workers

[eridani]

Sakuma Brothers Farms Petitions Department of Labor for 438 H-2A Workers
Despite Over 460 Former Workers Signing Pledges to Work for Sakuma in 2014

Lawyers and advocates for farmworkers have asked the U.S. Department of Labor to block a large Washington state berry producer from displacing hundreds of domestic workers with foreign guest workers brought in under the federal government’s temporary foreign agricultural worker program, Known as the “H-2A” program. H-2A workers are vulnerable to abusive employer practices and fearful of challenging unfair or illegal conduct because they hold only a temporary visa to work for a single employer and return home at the end of the season with no promise of being hired in a future year.

Sakuma Brothers Farms, located an hour north of Seattle in Burlington, WA is a major employer of migrant and seasonal berry harvest workers and supplies fruit to the gourmet ice cream maker, Haagen-Dazs. Familias Unidas por la Justicia, a union organized by Sakuma Brothers workers, sought improved wages and working conditions last season after workers were fired in retaliation for requesting improvements. They eventually filed a wage and hour class action lawsuit last fall against Sakuma for not receiving rest breaks and violations of their rights under the federal AWPA.

In a letter sent yesterday to the Department of Labor, the DC-based advocacy group Farmworkers Justice and Seattle law firm Schwerin, Campbell, Barnard, Iglitzin & Lavitt LLP urged the Department to deny Sakuma’s application for foreign H-2A workers. The letter asserts that the farm is acting to punish the Familias Unidas workers for seeking better wages and working conditions by replacing them with H-2A workers.

Sakuma Brothers filed an application this month for 438 H-2A workers for the summer season. The program requires that they demonstrate a shortage of available farmworkers in the United States. The Law also requires Sakuma to contact its workers from 2013 and seek their return to work. Familias Unidas has already sent Sakuma letter from more than 460 of its members declaring their intent to return to work this season.

“How can Sakuma Brothers tell the federal government they have a domestic labor shortage when we
have delivered over 460 pledges from workers who were employed at Sakuma last year?” asks Ramon Torres, one of the leaders of Familias Unidas.

“It is clear that Sakuma Brothers Farm seeks to displace domestic workers who have sought better wages and working conditions,” said Bruce Goldstein, President of Farmworker Justice. “The H-2A workers that Sakuma has requested do not have the same protections or ability to demand fair wages and workers, leaving them vulnerable to employer exploitation.”

“Using the H-2A temporary agricultural guestworker program as a means to retaliate against workers seeking better wages and working conditions violates the spirit and intent of the program,” said Laura Ewan, attorney at Schwerin, Campbell, Barnard, Iglitzin & Lavitt. “If a worker applying for these positions also wishes to participate in labor organizing or other concerted labor activities, such participation does not create a valid job-related reason for denying the worker employment. Allowing these workers to be rejected for such reasons would deprive them of labor rights they enjoy under state law.”

###

Farmworker Justice is a Washington,D.C.-based nonprofit litigation, advocacy and education organization. www.farmworkerjustice.org

Schwerin, Campbell, Barnard, Iglitzin & Lavitt LLP is the Pacific Northwest’s largest union-side labor and employment law firm, representing public and private sector unions across the nation.


Rosalinda Guillen, Executive Director
203 W. Holly, Suite 317
Bellingham, WA 98225
360-738-0893
www.foodjustice.org

For updates on our projects check out our facebook pages:
www.facebook.com/Community2Community
www.facebook.com/c2caguiladelnorte

[FreakinDJ]

1. At least they would be here legally

And given housing, food, and health care as perscribed by the provisions of the H2B visa

[hobbit709]

2. Right.

[Omaha Steve]

3. x 2

[Capt13]

4. This is news?

Seems to me business as usual. My former employer ( a private country club with a $200,000.00 member by in ) realized a few years ago they could get H2b workers to displace 50% of their labor force. Simply give them a 40 hour "salary" at $8.00/hr, ( deducting $50.00/wk rent and $3.00/meal for food), work them 80 - 120 hours a week. If they have a problem with that, they win a free trip to Guatemala. Or in my case after 7 1/2 years as a department manager, "We feel your attitude no longer projects the best interests of our organization".
Anybody else have a problem with that?

[countryjake]

5. Let's be Clear, the Workers are Here!

On Monday April 21st, WWU Students for Farmworker Justice joined with Familias Unidas por la Justicia in protesting Sakuma Berry Farms recent 2014 application for Guest workers through the U.S. Guest worker program. Sakuma doesn't need extra farm workers, what it needs is to respect the rights of the farm workers that it has been employing for years and stop robbing their wages. Familias Unidas por la Justicia demands humane working conditions, housing conditions, respect, and to be paid a living wage.

[countryjake]

6. March for Dignity!

https://www.facebook.com/events/269766583197234/

http://foodjustice.org/

Join us May 4th for the Farm Worker March for Dignity!

When: 10:00 am to 3:30 pm Sunday, May 4th, 2014
Where: Abarrotes la Gloria 5974 Guide Meridian, Bellingham, WA 98266
12pm: Intersection of Meridian and Prince, Bellingham
1:30pm: Whatcom County Courthouse, Grand and Lottie, Bellingham
2:00pm: Maritime Heritage Park

Join C2C and the farm worker community for an 8 mile march beginning on the Guide Meridian and ending with a celebration in Maritime Heritage Park! March with us for the whole 8 miles, join us along the way or come celebrate with us at Maritime Heritage Park at 2:00! The march is in solidarity with other actions taking place throughout the country on May 1st.

Sunday, May 4th, we will continue to voice solidarity with all workers, for dignity in comprehensive immigration reform, and for better working conditions and justice in the food system. C2C is inviting all people interested in creating a local, sustainable, and just food system to join the march and stand in solidarity with local farm workers!

We need your support! Volunteers are needed in the following roles:

■peacekeepers; folks who will stand along the march and make sure everyone stays safe and content

■nurses

■shuttle drivers

■march logistics personnel; water people, errand runners

■food assistance at Maritime Heritage Park

We have set up an online volunteer sign-up. Check the link below or give us a call in the office and let us know what you are available for.

http://www.signupgenius.com/go/70A0B49A4AB2BA20-marcha

Everybody who eats should meet a farmworker! ~ Rosalinda Guillen

http://boycottsakumaberries.com/

[eridani]

7. Dear Lovers of Justice and Sustainable food systems,

http://kplu.org/post/berry-pickers-sue-sakuma-brothers-farms-allege-retaliation-after-last-year-s-strikes


Familias Unidas por la Justicia and Community to Community Development would like to thank every one of you that made calls, wrote e-mails, gave us moral support and donated funds to do the work so that we could fight to keep local farm worker families housed and employed at Sakuma Bros. Berry Farms.

We are expecting a decision from the Dept. of Labor any day now.
The Dept of Labor has found the application by Sakuma Bros Farm deficient on several points, Sakuma Bros Farms has appealed and we are waiting for a decision from a DOL’s Administrative Law Judge in San Francisco. This appeal is on the deficiencies only, the farm workers are still asking for a decision on the fact that this application is a reprisal against their right to organize and that there is NOT a worker shortage. They are appealing to the Federal Courts and also to the WA State Courts.

It is clear that all your public support, local and national, is helping to bring attention to this employer’s application, but also to the deficient guestworker program in general.

The farm worker members and their families of Familias Unidas por la Justicia, in different areas of California and here in Whatcom and Skagit Counties, and in particular their President Ramon Torres, Felimon Pineda and the elected Committee have been organizing non-stop since they finished the final picking of the Sakuma berry harvest last year. Their efforts will benefit farm workers and local agriculture for years to come.


PLEASE STAY POSTED!

WE WILL ANNOUNCE THROUGH THIS LISTSERVE AND OUR FACEBOOK PAGES THE DECISION ONCE WE KNOW IT!

SI SE PUEDE!


Check out our facebook pages: www.facebook.com/Community2Community

www.facebook.com/c2caguiladelnorte
www.boycottsakumaberries.com
www.facebook.com/FamiliasUnidas


e-mail or call for questions or clarification send an e-mail to: [e-mail] or call 360-738-0893 we are fielding calls for Ramon Torres – he is busy in communication with over 450 members of Familias Unidas por la Justicia.

[eridani]

8. THANK YOU!!! TO ALL WHO STAND WITH FARM WORKERS!!

Familias Unidas por la Justicia has been in a labor dispute with Sakuma Bros. Farms in Skagit County since July 11, 2013. Familias Unidas por la Justicia is asking for some basic guarantees such as a just wage, fair treatment, and decent housing; they have been trying to meet with management since last summer. Many of the Farm Workers have been working at Sakuma Bros. Farms for many years, some for over 15 years and have helped it become one of the most recognizable names in agriculture within the Pacific NW region. However the workers that have helped the Sakuma Farms grow and prosper were in danger of losing their livelihood because as of Monday April 14, 2014 Sakuma Bros. Farm had applied to bring in 438 workers under the controversial H-2A worker visa program. The farm workers saw this as a retaliation. This is the application that was withdrawn over the weekend by Steve Sakuma. All your calls, e-mails and direct actions have helped to change this corporate farm’s mind. THIS IS A HUGE STEP FORWARD FOR FARM WORKERS IN SKAGIT AND WHATCOM COUNTIES

NOW Community to Community Development is asking supporters and allies to email, call or write letters to: Steve Sakuma one of the owners of Sakuma Bros. Berry Farm

Steve Sakuma
17400 Cook Road
Burlington, WA 98233
[e-mail]
360-757-6611

Key points:

As concerned and caring members of the community and as consumers with a conscience we all want all workers to be treated with dignity considering all the contributions they make to our local economy and food system; and don’t want further exploitation for our brothers and sisters.

The farm workers from Skagit County have formed their own labor organization called Familias Unidas por la Justicia.

They seek to improve their working conditions and management labor relations at Sakuma Farms through a binding legal contract

We ask that you rehire all 468 members of Familias Unidas por la Justicia

We ask that you re-open your labor camps as family housing for farm workers harvesting your berries

If Sakuma Bros. Farm really cares about their community and the future of farming in Skagit County, they should sit down and negotiate a fair contract with Familias Unidas por la Justicia

Please let us know you sent a letter, e-mail or made a call and also for Questions or clarification send an e-mail to: [e-mail]

Now more than ever please consider supporting the organizing work as we build a new independent farm worker union together! People can mail a check to:

Familias Unidas por la Justicia
P.O. BOX 1206, Burlington, WA 98233

Or they can make an online donation at: www.boycottsakumaberries.com

If they would like to make a tax deductible donation they can write a check to:

Community to Community and mail to: 203 W. Holly, Suite 317, Bellingham, WA 98225

Or they can also donate online at: www.foodjustice.org

Rosalinda Guillen, Executive Director
203 W. Holly, Suite 317
Bellingham, WA 98225
360-738-0893
www.foodjustice.org

For updates on our projects check out our facebook pages:
www.facebook.com/Community2Community

www.facebook.com/c2caguiladelnorte

[countryjake]

9. Here's the Skagit Valley Herald report on Sakuma withdrawing H-2A

Sakuma Bros. Farms withdraws H-2A worker application By Daniel DeMay ~ Monday, June 2, 2014

http://www.goskagit.com/all_access/sakuma-bros-farms-withdraws-h--a-worker-application/article_4d3be4e8-eaa2-11e3-82a9-001a4bcf887a.html


BURLINGTON — Sakuma Bros. Farms has withdrawn its application for foreign guest workers through the federal H-2A program, and will rely on local labor to get its crops in this season, says co-owner Steve Sakuma.

Sakuma made the decision to withdraw the application over the weekend after a spring plagued by continuing protests and threatened boycotts over the farm’s intention to use more foreign workers than last season. Sakuma said the decision was not about money.

"We need to get some trust back in this,” Sakuma said Monday. “We’re looking for a relationship (with workers) that’s lasting."

The decision comes a week after Skagit County Superior Court Judge Susan Cook ordered the farm to offer jobs to workers who went on strike last season, more than 350 of whom had been told they would not be rehired because they failed to meet contract obligations.

Read more of yesterday's front page Headline article from the Skagit Valley Herald here


And here is the Herald's report of last week's Skagit County Superior Court's temporary restraining order:
Court orders Sakuma Bros. to offer jobs to workers who struck


If Sakuma honestly wants that lasting "best friend" relationship with the farmworkers he employs, he should agree to a reasonable, working Union contract with them!

[eridani]

10. Settlement reached

Media Release
June 11, 2014
Contact: Dan Ford, CLS Attorney
Phone: [phone] (office), 206.419.8951 (cell)
Email: [e-mail]

Farm Workers, Sakuma Brothers Farms Agree to Class Action Settlement

Suit alleged failure to pay wages, denial of rest breaks, and inaccurate wage and hour information

Seattle,WA – Under a settlement agreement submitted to federal court for approval, Sakuma Brothers Farms, Inc. has agreed to pay a total of $850,000 and to change certain employment practices the workers alleged were unlawful. This is the largest farm worker wage and hour settlement on record in Washington State. Farm workers charged that for years, Sakuma Brothers Farms failed to pay them for all hours worked, did not provide required rest breaks, and failed to accurately disclose their hours worked, making it impossible for workers to determine whether they were being paid minimum wage.

The agreement entitles migrant and seasonal workers to share in the settlement funds if they worked piece rate harvesting strawberries, blueberries, blackberries, or raspberries at Sakuma Brothers between October 23, 2010 and December 31, 2013. The parties estimate that there are about 1,200 farm workers in this settlement class. If the settlement is approved, $500,000 will be divided proportionally between all workers submitting valid claims, based on the number of days each person worked.

The settlement also provides for changes in Sakuma Brothers' employment practices and improvements in working conditions, including elimination of unpaid work, provision of rest breaks, and provision of accurate information to workers on wages and hours. Payments for attorneys' fees, costs of litigation, and awards to the class representatives are included in the settlement.

The case was filed in Federal Court District Court in the Western District of Washington on October 24, 2013. Ana Lopez Demetrio and Francisco Eugenio Paz are the proposed plaintiff class representatives. "This agreement provides fair compensation and improved working conditions. It makes up for their practice of underpaying us and not giving us breaks," said Francisco Eugenio Paz.

Seasonal and migrant farm workers who harvested fruit for piece-rate wages at Sakuma between October 23, 2010 and December 31, 2013 are encouraged to contact the workers' attorneys at [phone]. If the class action settlement is approved by Federal District Court Judge Marsha J. Pechman after a settlement fairness hearing, workers who submit valid claim forms will receive payments for their portion of the settlement funds.

The workers are represented by Terrell Marshall Daudt & Willie PLLC and Columbia Legal Services.

Terrell Marshall Daudt & Willie PLLC is a law firm in Seattle, Washington that focuses on complex civil litigation with an emphasis on employment law, including wage and hour litigation, consumer protection, product liability, real estate, and personal injury matters. The attorneys of TMDW have extensive experience in class actions, collective actions, and other complex matters. They have prosecuted a variety of class actions involving wage and hour laws. The defendants in these cases have included companies such as Wal-Mart, ABM Industries, Inc., Xerox Business Services, LLC, Autonation, Inc., and Precision Drywall, Inc.

Columbia Legal Services is a non-profit law firm that provides civil legal assistance to low income and vulnerable people in Washington State, including farm workers. Columbia Legal Services is a member of a statewide network of public and private organizations dedicated to making the promise of equal justice a reality for those who cannot afford legal counsel on important civil legal matters.

###

[eridani]

11. Judge rules in favor of farm workers in Sakuma Farms case

KING 5 News
Thu, 26 Jun 2014 14:49:38 PDT

SKAGIT COUNTY, Wash. -- A Skagit County judge has ruled in favor of farm workers in the Sakuma Farms lawsuit, saying that the farm must provide housing for families of migrant workers.
Skagit County Superior Court Judge Susan Cook said because the owner of Sakuma Farms offers housing as a benefit to workers, he isn't just a farmer but a landlord as well and can't discriminate against workers with families.

The ruling sets a precedent where growers across Washington might have to offer free family housing as well.

For decades families have been allowed to stay rent-free with their families during the summer harvest at Sakuma Farms, but this year things are different. The farm recently announced that housing will only be provided for those working in the fields. Spouses and children have to find somewhere else to live.

Related: Hundreds of farm families could be homeless this summer

Workers claim the move was in retaliation for unionization and a series of strikes last year seeking better pay. The farm's owners say they lost a million dollars in fruit during last year's unrest and they need to house as many able-bodied pickers as possible this year.

[eridani]

12. March in Burlington 7/11

AVE THE DATE!

Friday, July 11
10:00 am
Cook Road Exit, Burlington
Head East or Towards Sakuma's Market and Processing Plant--Look for the Banners!

Familias Unidas por la Justicia

Farm Worker March for a Union Contract
at Sakuma Berry Farms in Skagit County

All of our brothers and sisters from the
House of Labor are invited!

Bring banners and flags!

Please support the workers by marching and/or
notifying others to attend the march.
Use your phone list, email, Facebook, and other networks.

See below for information on other actions you may take to support the workers!

For more information about the march – call
Edgar Frank 360-391-4561 or

Ramon Torres 360-920-7215 (Spanish only)

Or e-mail [e-mail]

In Solidarity,

Help by calling Ryan Sakuma and not pick the free berries in the 30 acre field:

Community to Community is asking that the public continue to honor the Sakuma berry boycott and not pick the berries in the 30 acre field (see below for more information) that could have, and should have, been harvested by Familias Unidas por la Justicia members and instead to call Sakuma Berry Farms Management and ask them to recognize the union and begin hiring and housing farm worker families immediately:

CALL: Steve or Ryan Sakuma at: 360-757-6611 and 360-770-4162


Rosalinda Guillen
Executive Director
Community to Community Development
360-381-0293
www.foodjustice.org

Check out Community to Community facebook pages: www.facebook.com/Community2Community
www.facebook.com/c2caguiladelnorte

On Thursday, June 26, Sakuma Brothers announced that they would be opening a 30 acre strawberry field for a free strawberry pick because they claim that they do not have the required labor force to harvest the berries. A recent series of victories in court by Familias Unidas por la Justicia show that there is no shortage of workers who are able to pick the berries, and that have done so for years – but that Sakuma Brothers actions have prevented a significant portion of their workforce from being able to return to work so far this season.

On the same day that Sakuma Brothers made this announcement, a Skagit County Superior Court judge found that Sakuma had acted illegally in discontinuing their long-standing practice of providing family housing at the labor camps. The vast majority of Familias Unidas members have spouses and children and Sakuma’s refusal to begin to provide family housing as ordered by the court has effectively prevented a significant portion of the available workforce from being able to return to work. However, despite the ruling and court order, Sakuma Brothers has yet to agree to provide family housing to any worker with a family who has applied for it.

In April, Familias Unidas provided Sakuma Brothers with signed statements from over 460 farmworkers who were willing and able to return to work. If Sakuma had not attempted to illegally change their housing policies, in addition to their earlier attempt to illegally disqualify 379 Familias Unidas members from employment, this available labor force would be harvesting this field.

[eridani]

13. Strategy session in Seattle 7/13

Sunday July 13, 4 - 6pm

New Hope Baptist Church, 116 21st Avenue, Seattle 98122

We are seeking organizational co-sponsors (Co-sponsors help do outreach, and, if you are able, contribute a small amount to help cover costs of venue and snacks). Please RSVP if your organization can attend and co-sponsor. Individuals are also invited to attend, and to RSVP. Email CAGJ's Food Justice Project: [e-mail]

Las Familias Unidas por la Justicia (FUJ) is a union of hundreds of farmworkers in Skagit County that is at the forefront of the farm worker labor movement. FUJ needs your support to help them win their campaign for fair working conditions at Sakuma Brothers Berry Farm!

Last summer, in protest of racist taunts and low wages, berry pickers at Sakuma Brothers Berry Farms formed FUJ to organize for better pay, housing and working conditions. Though Sakuma Brothers pushed hard to bust their campaign, FUJ gained significant ground. (Check out the Stranger's great coverage in the links.) They prevailed against Sakuma Brothers in numerous wage and hour violations (the largest settlement for farmworkers ever in Washington State), defeated an attempt to hire guest workers in place of the workers of FUJ, and secured a Judge's order to stop Sakuma Brothers from retaliating against striking farmworkers.

These cases are exciting developments but FUJ still has no guarantees their gains will be protected. Sakuma Brothers still refuses to bargain with the workers of FUJ. Because the farm workers are excluded from laws that protect their rights to collectively bargain, FUJ's ultimate victory depends upon community support and pressure to force Sakuma to the bargaining table. FUJ is seeking support in a boycott of Sakuma Brothers products as they prepare to secure a contract detailing better pay, housing and working conditions.

Join Community Alliance for Global Justice on July 13 at 4pm to learn more from FUJ President Ramon Torres about this group's amazing work and join in planning a Seattle-wide Sakuma Boycott. This is an important, urgent opportunity to keep the momentum in favor of improved working conditions for farm workers.

Please invite friends and members of your organizations. We want to develop a comprehensive strategy to get Sakuma's products pulled from your local grocer's shelves. Together let's stand in solidarity with the families of FUJ and the farm worker movement.

Additionally, you can support FUJ by rallying for FUJ’s one-year anniversary march on Friday, July 11 at 10am. Meet in Burlington, Washington off exit 232 on I-5. Head East and look for the banners!

Si se Puede!

Heather Day, Community Alliance for Global Justice

[eridani]

14. Infornmational picket in sEattle 9/10

Farmworkers at Sakuma Brothers Farms in Burlington are taking action to demand fair treatment, decent working conditions and the right to their union. Shamefully, Sakuma Brothers has responded with grueling captive audience meetings to intimidate the workers, and by seeking out and disciplining workers who courageously stand up for their union, Famlias Unidas por la Justicia (United Families for Justice).

For over a year they’ve been working to get union recognition and a union contract. They’ve taken job actions including strikes, and built a base of community support. Sakuma Brothers tried to replace them with 438 H-2A immigrants, pretending that labor wasn’t locally available, but was forced to back down. Skagit County courts have ordered Sakuma Brothers to stop illegally retaliating against strikers by refusing to rehire them, and by denying them family housing that’s been provided for decades. And the employer reached a settlement for half a million dollars in wage theft from the workers.

Part of the workers strategy is asking that we boycott Sakuma Brothers berries, a boycott endorsed by the Washington State Labor Council. All of labor needs to send a clear message to these brave workers, and to the employers. Please join us to say loud and clear that an injury to one is an injury to all – we have Familias Unidas workers’ backs!

INFORMATIONAL PICKET

Wednesday, September 10th

5:00 pm

QFC, 1401 Broadway, Seattle
(between Pike and Union)


For more information about Familias Unidas por la Justicia and the organizing effort at Sakuma Brothers, please see http://boycottsakumaberries.com/.

Farmworkers at Sakuma Brothers Farms in Burlington are taking action to demand fair treatment, decent working conditions and the right to their union. Shamefully, Sakuma Brothers has responded with grueling captive audience meetings to intimidate the workers, and by seeking out and disciplining workers who courageously stand up for their union, Famlias Unidas por la Justicia (United Families for Justice)

For over a year they’ve been working to get union recognition and a union contract. They’ve taken job actions including strikes, and built a base of community support. Sakuma Brothers tried to replace them with 438 H-2A immigrants, pretending that labor wasn’t locally available, but was forced to back down. Skagit County courts have ordered Sakuma Brothers to stop illegally retaliating against strikers by refusing to rehire them, and by denying them family housing that’s been provided for decades. And the employer reached a settlement for half a million dollars in wage theft from the workers.

Part of the workers strategy is asking that we boycott Sakuma Brothers berries, a boycott endorsed by the Washington State Labor Council. All of labor needs to send a clear message to these brave workers, and to the employers. Please join us to say loud and clear that an injury to one is an injury to all – we have Familias Unidas workers’ backs!


INFORMATIONAL PICKET

Wednesday, September 10th

5:00 pm

QFC, 1401 Broadway, Seattle
(between Pike and Union)



For more information about Familias Unidas por la Justicia and the organizing effort at Sakuma Brothers, please see http://boycottsakumaberries.com/.