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Governor Inslee signed the farmworker protection bill, 5172, and received the congratulations from President Biden as this statement from the White House shows.
This bill does indeed protect farmworkers from the farm and job destroying demands of labor leaders. They are now claiming victory even though their effort to get three years back pay was resoundingly defeated! The UFW did the same when they walked away from a ten year old lawsuit with absolutely nothing: Victory! The bill did include a multi-year phase-in for overtime pay for farmworkers, and this is what prompted the president's praise. But, if you watch the videos below or take the time to talk to farmworkers you will see this may be a win (in the face a bigger defeat) for labor leaders, but it is a big loss for farmworkers. Will lawmakers listen to farmworkers and what helps them, or will they continue to pretend that labor leaders represent the interests of farmworkers when this bill showed so clearly they don't. In opposing a bill that protects farm jobs, labor activists and employment lawyers show they care nothing for workers. To download without creating SCRIBD account, click the file link below: 
Farmworker union activists’ testimony to legislators in support of a politically-motivated bill was filled with misstatements of fact and outright fabrications. FACT CHECK:"We believe there is no worker shortage."- Rosalinda Guillen in testimony to WA House of Representatives Labor and Workplace Standards Committee, Jan. 22, 2019.
“Yes, there’s a lot of oversight, there’s a lot of rules, there’s a lot of regulations, but it’s not monitored efficiently.”- Rosalinda Guillen on H-2A guestworker program in testimony to WA House of Representatives Labor and Workplace Standards Committee, Jan. 22, 2019.
“This program has been growing and displacing local workers.”- Ramon Torres on H-2A guestworker program in testimony to WA House of Representatives Labor and Workplace Standards Committee, Jan. 22, 2019.
“H-2A employers are incentivized to reject local workers.”- Andrea Schmitt, in testimony to WA House of Representatives Labor and Workplace Standards Committee, Jan. 22, 2019.
“This program is being used against domestic workers.”- Ramon Torres on H-2A guestworker program in testimony to WA House of Representatives Labor and Workplace Standards Committee, Jan. 22, 2019.
“H-2A workers are expressly exempt from the main federal law that protects farmworkers, the Agricultural Worker Protection Act.”- Andrea Schmitt, in testimony to WA House of Representatives Labor and Workplace Standards Committee, Jan. 22, 2019.
“Retaliation against H-2A workers who demand even basic employment standards is rampant.”- Andrea Schmitt, in testimony to WA House of Representatives Labor and Workplace Standards Committee, Jan. 22, 2019.
“The H-2A program makes workers uniquely vulnerable to abuse.”- Andrea Schmitt, in testimony to WA House of Representatives Labor and Workplace Standards Committee, Jan. 22, 2019.
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 | While there is an obligation for any qualified, available domestic workers to receive jobs before H-2A guest workers can be hired, some who apply are often not qualified and/or available for the specific job openings. It has been a practice of anti-H-2A labor activists to provide long lists of workers “applying” for these jobs in an attempt to disprove a farmer’s claim of lack of labor. But those lists have been found to be almost entirely comprised of people either unqualified, unavailable, or simply unwilling to do the jobs the farmer has open. |
“There have been problems with the [ESD] wage survey in the last few years that have threatened to depress wages as much as 4 to 6 dollars per hour.”
- Andrea Schmitt, in testimony to WA House of Representatives Labor and Workplace Standards Committee, Jan. 22, 2019.
| | Although both farmers and farmworker advocates have questioned the accuracy of the wage survey, there is no way around the fact that the minimum wages required for all workers doing the same job on a farm using the H-2A program are guaranteed to be higher in Washington than anywhere else in the US. We’re not sure how Schmidt can claim that the best minimum pay for farmworkers in the nation is somehow “depressed” by several dollars an hour. In fact, some believe that the wage survey’s problems, alluded to by Schmidt, have actually artificially inflated farm worker wages in Washington. |
Claim: The Sumas farm retaliated against a group of workers simply because they were seeking information.
- Made by Ramon Torres on H-2A guestworker program in testimony to WA House of Representatives Labor and Workplace Standards Committee, Jan. 22, 2019.
 | Farmers bear the costs of bringing workers far from their homes, provide government approved housing, and pay numerous other costs when using guest workers. Why in the middle of the time-sensitive fruit harvest would a farmer send much-needed farmworkers packing simply for asking for information? No farmer wants to lose workers at the very time they are needed most. Mr. Torres’ answer does not add up. |
Labor advocates distorted the facts in testimony to legislators in Olympia.
A new proposal, House Bill 1398/Senate Bill 5438, was aimed at compensating the State Employment Security Department for its role in monitoring farms using guest workers. This unnecessary additional monitoring -- given the exceptional level of oversight of the many regulations protecting farm workers under the federal guest worker program -- will be costly, cumbersome and only encourage more farming to leave this state, taking away more work opportunities from both domestic and guest workers.
Secondly, because the guest worker program is federal, any cost burden that the state needs to bear should come from federal, not state funds. The guest worker program is already exorbitantly expensive because of the requirement of Adverse Effect Wage Rates and the numerous obligations including free housing and transportation. As was seen with some categories of fruit this past season, Washington farming is rapidly losing market share to foreign competition because of the 20 to 30 times more in labor costs that workers in Washington benefit from.
Passage of any such measure should be based on actual facts, not on false accusations and outright fabrications. Some advocates of the measure are not being truthful in pushing legislators to pass this bill. While they claim to be advocating on behalf of workers, their actions against one farm actually cost over 600 guest workers the opportunity to continue working at this farm. The farm has instead turned to mechanical harvesting rather than face the continuing false accusations and litigation of the union activists. This meant that these workers had to find alternative, often less appealing, guest worker opportunities in states like Georgia and Florida, or lose the income they count on to support their families in Mexico. The $11 per day(!) minimum wage for farm work in Mexico pales in comparison to the $20 to $30 per hour most earned on this Sumas farm.
Fruit imports are now at well over 50% of US consumption. Mexican farms are rapidly gaining ground over our local farmers because of the vast difference in compensation and benefits. Consumers are hurt because of food safety issues with this imported fruit, but even more importantly, workers are hurt as they lose these high-value opportunities. Adding more costs to our farmers will further accelerate this trend that consumers don’t like and that actually harms workers despite claims that it’s intended to help them.
The motivation is not, as they say, protecting workers. Their goal is to limit farmers from having access to available workers, thereby pushing their union agenda more easily. With just one union agreement in place in the state, Ramon Torres, the head of the union, was quoted in a news article as saying his goal is to gain full-time employment from union dues, so he does not have to continue working as a farm laborer.
We have no objection to his pursuit of full-time union employment. We do however object to his and his fellow union activists distorting the truth and telling outright falsehoods in their support of this legislation as well as in their publicity efforts.
On January 22, 2019, several of these activists testified before the House Labor & Workplace Standards Committee. Much of their testimony is in direct contradiction to the facts. Their statements can be viewed here and time references are provided to assist viewing: www.tvw.org/watch/?eventID=2019011193
Ramon Torres (:51.26 to :56.00)
Mr. Torres’ primary testimony is that there is no shortage of domestic workers and this program prevents domestic workers from getting these jobs. Either report about the sharp decline in available farm works is wrong, or Mr. Torres is not telling the truth. It is not just the statistics and numerous media reports documenting the severe worker shortage that contradict Mr. Torres’ testimony, but the fact that farmers must first provide extensive proof of their efforts to recruit domestic workers and that farmers would most certainly prefer to hire local workers if they could. This is because of the high cost of the guest worker program. Mr. Torres’ unsubstantiated statement that the guest worker program adversely affects domestic workers is contradicted by the fact that when domestic workers and guest workers are hired by the same farm to do the same work, all of them must be paid the Adverse Effect Wage Rate. In Washington state the 2019 AEWR is $15.03, once again the highest in the nation. Other states such as South Carolina must pay as low as $11.13 per hour in 2019. This puts our farmers at a competitive disadvantage with farmers from other states, not to mention the far greater wage difference paid by foreign farmers.
Mr. Torres does not mention that the workers at the farm which signed an agreement with Mr. Torres’ union would be getting paid considerably more than has been reported they currently are if the farm employed even a few guest workers.
Mr. Torres was later asked for clarification of his statements about worker retaliation. At 1:02.20 Mr. Torres explains that the workers at the Sumas farm were retaliated against for merely asking for information about the worker who became ill. He states that the response of the farm to asking the question was to put their bags out on the street. He further stated that the workers did not know where the bus stop, airport or stores were.
This again contradicts the known facts about the situation. No farmer who has assumed the full cost of transportation to and from Mexico and who badly needs those workers in the middle of harvest would return workers for simply asking a question or seeking information. Further, the farm has full responsibility for transportation at any time should the worker decide to return home. That includes bus transportation to not only the airport and stores but also to recreational opportunities provided to the workers such as the excursions to Lake Whatcom. Workers who leave their jobs and do not return to work can be returned to their homes, again at the farm’s expense. The farm is obligated to ensure their return in order to prevent the guest worker program from becoming an avenue for illegal immigration.
Rosalinda Guillen (:57.30 to 1:01.40)
Ms. Guillen, head of the activist group Community to Community, testified that the bill would provide greater efficiency in monitoring farms for potential abuse of workers and that it would save money and prevent the deaths of workers such as what happened on the Sumas farm in 2017. Ms. Guillen said in her testimony: “Yes, there’s a lot of oversight, there’s a lot of rules, there’s a lot of regulations, but it is not monitored efficiently.” We are grateful that Ms. Guillen recognized the exceptional level of oversight, rules and regulations of the guest worker program. But she provided no support for her contention that adding an additional level of oversight would add to efficiency. It contradicts experience to suggest that a program that is already very highly regulated and enforced would experience more efficiency by adding a redundant layer.
The current inspections are conducted by numerous agencies in addition to private audits required by many distributors and retailers. Evidence of the severity of even minor violations of rest breaks and meal breaks is provided by the initial fine of $149,000 issued against the Sumas farm by the Department of Labor & Industries. The Department reported to the press that the publicity about the farm generated by Ms. Guillen led to the exorbitant fine. We ask if this is fair or just given the dishonesty in the accusations. We also ask what other industry or employer faces this kind of scrutiny and punishment?
Ms. Guillen’s primary complaint against the H-2A program and the Sumas farm is that she claims the program and the farm management were responsible for the death of a guest worker in 2017. Unlike many previous public statements, in her testimony Ms. Guillen was careful not to make an explicit accusation. But she did claim that if this bill passes, such deaths would be prevented. Ms. Guillen and her supporters have consistently maintained positions in stark contrast to the facts including statements about worker accommodations, food, and most of all, about the cause of this worker’s tragic death. The Department of Labor & Industries’ investigation and the Medical Examiner records have made it very clear that the man died of natural causes due to untreated diabetes. The farm did everything they could to help the worker when they first became aware of it as the investigations showed. It is cynical at best for Ms. Guillen and her supporters to continually distort the facts about this tragic incident in pursuit of their income and political goals.
At 1:01.27 Ms. Guillen repeats Mr. Torres’ unsubstantiated conclusion when she states: “We believe there is no worker shortage.” Such obvious denials of the plain facts concerning worker treatment, worker shortages and enforcement of numerous rules and regulations need to be taken into consideration when evaluating Ms. Guillen’s testimony.
Andrea Schmitt (1:38 to 1:41)
Ms. Schmitt is an activist attorney with Columbia Legal Services, which has pursued legal action against a number of farms using guest workers. She states, again without any substantiation, that the guest worker program makes workers “uniquely vulnerable.” This contradicts Ms. Guillen’s testimony which recognizes the fact of numerous laws, rules, regulations and monitoring. It is unlikely that any worker working in the US is subject to more legal protections and more aggressive monitoring and enforcement of the numerous laws that apply.
Ms. Schmitt’s primary focus appears to be retaliation against workers which she claims, again without any substantiation, is rampant. She explains workers are vulnerable to retaliation for two reasons: 1) workers cannot leave the employment of one farm to go to work for another or presumably take a job in another industry such as construction, and 2) farmers have full control over who they choose to hire. What Ms. Schmitt apparently misses in this explanation that the farmer must prove to the federal Department of Labor with great detail their efforts to employ domestic workers, and show how those efforts have not succeeded in securing the needed workers. The farm then enters a contract that requires them to pay for all transportation, housing and numerous other requirements. The farm contract also makes the farm or farm labor employer responsible for the return of the worker home to prevent the program becoming an avenue for illegal immigration. If workers can move to farm to farm at their whim, who will pay the transportation costs? Who will ensure their return home?
Ms. Schmitt takes issue with farmer’s right to choose who their employees will be. This allows them, she suggests, to retaliate against workers who have proven to be troublesome. Would Ms. Schmitt also want to give this right to non-farm employees? Should any employer be forced to rehire a worker with a proven record of abuse, theft or troublemaking? What apparently makes guest workers “uniquely vulnerable” in Ms. Schmitt’s view simply amount to reasonable, widely-acceptable hiring practices.
Summary
The credibility of the witnesses providing testimony is crucial. Good policy decisions should be based on facts, not unsupported assertions and outright fabrications. Farm workers are highly valued, much needed and strongly protected by current laws, regulations and enforcement, which even the activists concede. No additional oversight is needed. If the state needs additional funds to compensate for its work required related to a federal program, that funding needs to come from the federal government. Adding further costs on farmers already struggling to find labor and pay the high costs of the guest worker program will result in accelerated food imports, food safety problems, loss of valuable jobs, and loss of farms to other states and nations.
Secondly, because the guest worker program is federal, any cost burden that the state needs to bear should come from federal, not state funds. The guest worker program is already exorbitantly expensive because of the requirement of Adverse Effect Wage Rates and the numerous obligations including free housing and transportation. As was seen with some categories of fruit this past season, Washington farming is rapidly losing market share to foreign competition because of the 20 to 30 times more in labor costs that workers in Washington benefit from.
Passage of any such measure should be based on actual facts, not on false accusations and outright fabrications. Some advocates of the measure are not being truthful in pushing legislators to pass this bill. While they claim to be advocating on behalf of workers, their actions against one farm actually cost over 600 guest workers the opportunity to continue working at this farm. The farm has instead turned to mechanical harvesting rather than face the continuing false accusations and litigation of the union activists. This meant that these workers had to find alternative, often less appealing, guest worker opportunities in states like Georgia and Florida, or lose the income they count on to support their families in Mexico. The $11 per day(!) minimum wage for farm work in Mexico pales in comparison to the $20 to $30 per hour most earned on this Sumas farm.
Fruit imports are now at well over 50% of US consumption. Mexican farms are rapidly gaining ground over our local farmers because of the vast difference in compensation and benefits. Consumers are hurt because of food safety issues with this imported fruit, but even more importantly, workers are hurt as they lose these high-value opportunities. Adding more costs to our farmers will further accelerate this trend that consumers don’t like and that actually harms workers despite claims that it’s intended to help them.
The motivation is not, as they say, protecting workers. Their goal is to limit farmers from having access to available workers, thereby pushing their union agenda more easily. With just one union agreement in place in the state, Ramon Torres, the head of the union, was quoted in a news article as saying his goal is to gain full-time employment from union dues, so he does not have to continue working as a farm laborer.
We have no objection to his pursuit of full-time union employment. We do however object to his and his fellow union activists distorting the truth and telling outright falsehoods in their support of this legislation as well as in their publicity efforts.
On January 22, 2019, several of these activists testified before the House Labor & Workplace Standards Committee. Much of their testimony is in direct contradiction to the facts. Their statements can be viewed here and time references are provided to assist viewing: www.tvw.org/watch/?eventID=2019011193
Ramon Torres (:51.26 to :56.00)
Mr. Torres’ primary testimony is that there is no shortage of domestic workers and this program prevents domestic workers from getting these jobs. Either report about the sharp decline in available farm works is wrong, or Mr. Torres is not telling the truth. It is not just the statistics and numerous media reports documenting the severe worker shortage that contradict Mr. Torres’ testimony, but the fact that farmers must first provide extensive proof of their efforts to recruit domestic workers and that farmers would most certainly prefer to hire local workers if they could. This is because of the high cost of the guest worker program. Mr. Torres’ unsubstantiated statement that the guest worker program adversely affects domestic workers is contradicted by the fact that when domestic workers and guest workers are hired by the same farm to do the same work, all of them must be paid the Adverse Effect Wage Rate. In Washington state the 2019 AEWR is $15.03, once again the highest in the nation. Other states such as South Carolina must pay as low as $11.13 per hour in 2019. This puts our farmers at a competitive disadvantage with farmers from other states, not to mention the far greater wage difference paid by foreign farmers.
Mr. Torres does not mention that the workers at the farm which signed an agreement with Mr. Torres’ union would be getting paid considerably more than has been reported they currently are if the farm employed even a few guest workers.
Mr. Torres was later asked for clarification of his statements about worker retaliation. At 1:02.20 Mr. Torres explains that the workers at the Sumas farm were retaliated against for merely asking for information about the worker who became ill. He states that the response of the farm to asking the question was to put their bags out on the street. He further stated that the workers did not know where the bus stop, airport or stores were.
This again contradicts the known facts about the situation. No farmer who has assumed the full cost of transportation to and from Mexico and who badly needs those workers in the middle of harvest would return workers for simply asking a question or seeking information. Further, the farm has full responsibility for transportation at any time should the worker decide to return home. That includes bus transportation to not only the airport and stores but also to recreational opportunities provided to the workers such as the excursions to Lake Whatcom. Workers who leave their jobs and do not return to work can be returned to their homes, again at the farm’s expense. The farm is obligated to ensure their return in order to prevent the guest worker program from becoming an avenue for illegal immigration.
Rosalinda Guillen (:57.30 to 1:01.40)
Ms. Guillen, head of the activist group Community to Community, testified that the bill would provide greater efficiency in monitoring farms for potential abuse of workers and that it would save money and prevent the deaths of workers such as what happened on the Sumas farm in 2017. Ms. Guillen said in her testimony: “Yes, there’s a lot of oversight, there’s a lot of rules, there’s a lot of regulations, but it is not monitored efficiently.” We are grateful that Ms. Guillen recognized the exceptional level of oversight, rules and regulations of the guest worker program. But she provided no support for her contention that adding an additional level of oversight would add to efficiency. It contradicts experience to suggest that a program that is already very highly regulated and enforced would experience more efficiency by adding a redundant layer.
The current inspections are conducted by numerous agencies in addition to private audits required by many distributors and retailers. Evidence of the severity of even minor violations of rest breaks and meal breaks is provided by the initial fine of $149,000 issued against the Sumas farm by the Department of Labor & Industries. The Department reported to the press that the publicity about the farm generated by Ms. Guillen led to the exorbitant fine. We ask if this is fair or just given the dishonesty in the accusations. We also ask what other industry or employer faces this kind of scrutiny and punishment?
Ms. Guillen’s primary complaint against the H-2A program and the Sumas farm is that she claims the program and the farm management were responsible for the death of a guest worker in 2017. Unlike many previous public statements, in her testimony Ms. Guillen was careful not to make an explicit accusation. But she did claim that if this bill passes, such deaths would be prevented. Ms. Guillen and her supporters have consistently maintained positions in stark contrast to the facts including statements about worker accommodations, food, and most of all, about the cause of this worker’s tragic death. The Department of Labor & Industries’ investigation and the Medical Examiner records have made it very clear that the man died of natural causes due to untreated diabetes. The farm did everything they could to help the worker when they first became aware of it as the investigations showed. It is cynical at best for Ms. Guillen and her supporters to continually distort the facts about this tragic incident in pursuit of their income and political goals.
At 1:01.27 Ms. Guillen repeats Mr. Torres’ unsubstantiated conclusion when she states: “We believe there is no worker shortage.” Such obvious denials of the plain facts concerning worker treatment, worker shortages and enforcement of numerous rules and regulations need to be taken into consideration when evaluating Ms. Guillen’s testimony.
Andrea Schmitt (1:38 to 1:41)
Ms. Schmitt is an activist attorney with Columbia Legal Services, which has pursued legal action against a number of farms using guest workers. She states, again without any substantiation, that the guest worker program makes workers “uniquely vulnerable.” This contradicts Ms. Guillen’s testimony which recognizes the fact of numerous laws, rules, regulations and monitoring. It is unlikely that any worker working in the US is subject to more legal protections and more aggressive monitoring and enforcement of the numerous laws that apply.
Ms. Schmitt’s primary focus appears to be retaliation against workers which she claims, again without any substantiation, is rampant. She explains workers are vulnerable to retaliation for two reasons: 1) workers cannot leave the employment of one farm to go to work for another or presumably take a job in another industry such as construction, and 2) farmers have full control over who they choose to hire. What Ms. Schmitt apparently misses in this explanation that the farmer must prove to the federal Department of Labor with great detail their efforts to employ domestic workers, and show how those efforts have not succeeded in securing the needed workers. The farm then enters a contract that requires them to pay for all transportation, housing and numerous other requirements. The farm contract also makes the farm or farm labor employer responsible for the return of the worker home to prevent the program becoming an avenue for illegal immigration. If workers can move to farm to farm at their whim, who will pay the transportation costs? Who will ensure their return home?
Ms. Schmitt takes issue with farmer’s right to choose who their employees will be. This allows them, she suggests, to retaliate against workers who have proven to be troublesome. Would Ms. Schmitt also want to give this right to non-farm employees? Should any employer be forced to rehire a worker with a proven record of abuse, theft or troublemaking? What apparently makes guest workers “uniquely vulnerable” in Ms. Schmitt’s view simply amount to reasonable, widely-acceptable hiring practices.
Summary
The credibility of the witnesses providing testimony is crucial. Good policy decisions should be based on facts, not unsupported assertions and outright fabrications. Farm workers are highly valued, much needed and strongly protected by current laws, regulations and enforcement, which even the activists concede. No additional oversight is needed. If the state needs additional funds to compensate for its work required related to a federal program, that funding needs to come from the federal government. Adding further costs on farmers already struggling to find labor and pay the high costs of the guest worker program will result in accelerated food imports, food safety problems, loss of valuable jobs, and loss of farms to other states and nations.
Those trying to keep guest workers from having these high value jobs are hurting more than workers and farmers. We are now importing 20% of our food with major increases in food illnesses and pesticide residue. One big reason is the huge gap between what our farmers pay for labor vs. foreign farmers. Our farmers pay 20 times more than foreign competitors and our farmers are losing out. If you care about safe food made in Washington and want to make sure that farm workers are well paid protected, then help us spread the word.
We're importing more food than ever. With it, more pesticides and illnesses.
Rising labor costs in part caused by union activists are making it harder and harder for Washington's family farms to compete.
Report shows how shortage of farm workers leads to increase in imported food
Report shows how shortage of farm workers leads to increase in imported food
Union activists are causing more imported food and causing harm to consumers
 We are importing 20% of our food from foreign producers The problem is that with that increase comes an increase in food borne illnesses. According to the Center for Disease Control (CDC), "the number of outbreaks associated with an imported food increased from an average of 3 per year during 1996-2000 to an average of 18 per year during 2009–2014." Another issue is pesticide residue. The Food and Drug Administration reports that imported food is five times more likely to have pesticide residue above violation level than domestic food.  |  Worker shortage and high labor costs result in more imported food Farmers are struggling to find the workers needed to harvest crops and do other farm work. The number of undocumented immigrants has declined significantly since 2009 causing a severe shortage of farm workers. Washington farmers pay workers about $20 per hour with many earning more because of incentive pay. This is over 20 times more than most of their foreign competitors. Mexican minimum wage is $11 per day with other countries paying even less. Guest workers are also provided transportation and housing that must meet federal standards. Numerous labor laws protect farm workers – likely more than any other worker. These add about $1200 in costs per worker for a season. |
Union organizers work to prevent farmers from using the guest worker program
Washington farmers hired 20,000 guest workers, mostly from Mexico, during the 2020 season. Before being allowed to bring these workers in with legal visas, the farms had to prove they had exhausted all efforts to hire domestic workers.
Union organizers, like Community to Community, fight against guest workers thinking the severe worker shortage provides opportunity to impose unions.
In doing so, they harm workers who value these jobs. Washington guest workers returned $288 million to their families in Mexico in 2017 alone.
Taking these jobs takes food off the table of those who very much need it.
To stop guest workers, the activists attack farmers who hire them with vicious false accusations, file lawsuits and boycott major brands using the farms' products.
They continue to insist a Sumas berry farm caused the death of a worker in 2017 when in-depth investigation by Labor & Industries and the Medical Examiner declared he died of natural causes unrelated to any working conditions.
Union organizers, like Community to Community, fight against guest workers thinking the severe worker shortage provides opportunity to impose unions.
In doing so, they harm workers who value these jobs. Washington guest workers returned $288 million to their families in Mexico in 2017 alone.
Taking these jobs takes food off the table of those who very much need it.
To stop guest workers, the activists attack farmers who hire them with vicious false accusations, file lawsuits and boycott major brands using the farms' products.
They continue to insist a Sumas berry farm caused the death of a worker in 2017 when in-depth investigation by Labor & Industries and the Medical Examiner declared he died of natural causes unrelated to any working conditions.
Help us protect the right of workers to enjoy good jobs – and protect consumers at the same time
Farmworkers need your help to keep these high value jobs. Learn about the guest worker program, also called "H2A" for the legal visa these workers receive. Helping our family farmers secure the workers needed to produce our local, domestic food is in everyone's best interests.
Please consider joining our effort.
Please consider joining our effort.
News reports treat accusations of farmer abuse of workers as facts. We document the numerous false accusations against farmers and show it is simply about securing union dues – not what is right for workers.
See the documentation of false accusations below.
See the documentation of false accusations below.
Activistas y Reporteros Necesitan Decir la Verdad Sobre el Tratamiento o de Trabajadores Agrícolas
Informes noticieros tratan acusaciones de abuso de granjeros a los trabajadores como un hecho.
Nosotros documentamos estas numerosas acusaciones falsas en contra de los granjeros y demostramos que simplemente es para asegurar las cuotas sindicales y no lo que es mejor para los trabajadores.
Nosotros documentamos estas numerosas acusaciones falsas en contra de los granjeros y demostramos que simplemente es para asegurar las cuotas sindicales y no lo que es mejor para los trabajadores.
 It's one thing to organize unions. It's quite another to do so through lies, false accusations, distortions and exaggeration. |  Sumas berry farm faced three intensive Labor & Industries investigations. What did the investigators find? |  Bellingham, Washington radio station KGMI reports on state investigations exonerating Sumas berry farm. |
| Rosalinda Guillen, director of worker center Community2Community has proven to be a very savvy media activist, securing broadcast and print reports that report her false accusations and distortions without question or inquiry. KING5 TV's report painted exactly the picture of farmer abuse she wanted without reasonable effort to determine if there was validity. |  |
Sarbanand statement about worker death, August 2017
| | The Bellingham Police Department took the unusual step of releasing officer body camera footage involving the workers from Sarbanand who traveled to Bellingham under the direction of Community2Community. |
The union activists distributed false information about the police action, accusing them of threatening the workers with deportation. The Department released this footage to counter the false information being distributed.
Corporate Murder?
Irresponsible accusations originating from Community2Community.
This article appeared in workersworld.org website on August 24, 2017
https://www.workers.org/2017/08/24/farmworkers-protest-corporate-murder-exploitation/
Mexican farmworkers in northern Washington state struck Sarbanand Farms on Aug. 4 to protest the death of Honesto Silva Ibarra, who died of overwork and heat exhaustion in the blueberry fields, according to Community2Community Development, a solidarity organization.
This was the first strike by workers since the bracero-type H-2A visa system was instituted in 1986. Some 15,000 agricultural workers in Washington are H-2A workers this year. These workers were brought up from Mexico and forced to work 13-hour days picking berries for Sarbanand Farms. Sarbanand Farms is owned by Munger Farms, a major agribusiness corporation in Delano, Calif., which is known for its abuse of farmworkers.
Honesto Silva Ibarra, the father of three children, had complained for several days about being so sick he couldn’t work. “They said if he didn’t keep working he’d be fired for ‘abandoning work,’” said a co-worker. Silva died several days later after being transported to a local clinic and then to Harborview Hospital in Seattle.
When the workers found out he was in the hospital, they formed a committee and demanded better conditions from management. When they were turned away, 70 workers went on strike. The next day, they were fired for “insubordination.”
The farmworkers had complained for weeks about the terrible working and living conditions, according to Ramón Torres, of Familias Unidas por la Justicia (FUJ), a local farmworker union. The food is bad with only small portions, the drinking water is warm, and the workers have to pay for both. The temperatures are in the 90s with no shade in early August. Also, the air is smoky from recent forest fires. Some workers have fainted while picking the blueberries.
After the 70 workers were fired, they packed their bags, moved a mile down the road and began an occupation — despite receiving threats of being deported. They camped out on the property of a friendly Latinx family. Hundreds of local people donated tents, water, food, coolers, a generator and more. The workers were helped by the FUJ and the women-led Community2Community Development.
The workers from the camp marched on Sarbanand with solidarity groups on Aug. 8. When they reached the farm, 50 more workers came out and joined them. By now, the workers at the camp were receiving publicity and support from media across the country and in Mexico.
Questions remain for the workers. What will happen to their visas? Will they be able to work in the future under the H-2A system? They could be dropped from any future employment by the company that recruited them, CSI Visa Processing. At least the workers have supporters working on these issues.
The workers are now starting to return to Mexico, with their transportation paid by Sarbanand, as the law requires. The farmworkers have strengthened their standing by organizing and fighting back. They’ve exposed H-2A as a system of bondage set up for the advantage of the bosses against the working class. Honesto Silva Ibarra, ¡presente!
https://www.workers.org/2017/08/24/farmworkers-protest-corporate-murder-exploitation/
Mexican farmworkers in northern Washington state struck Sarbanand Farms on Aug. 4 to protest the death of Honesto Silva Ibarra, who died of overwork and heat exhaustion in the blueberry fields, according to Community2Community Development, a solidarity organization.
This was the first strike by workers since the bracero-type H-2A visa system was instituted in 1986. Some 15,000 agricultural workers in Washington are H-2A workers this year. These workers were brought up from Mexico and forced to work 13-hour days picking berries for Sarbanand Farms. Sarbanand Farms is owned by Munger Farms, a major agribusiness corporation in Delano, Calif., which is known for its abuse of farmworkers.
Honesto Silva Ibarra, the father of three children, had complained for several days about being so sick he couldn’t work. “They said if he didn’t keep working he’d be fired for ‘abandoning work,’” said a co-worker. Silva died several days later after being transported to a local clinic and then to Harborview Hospital in Seattle.
When the workers found out he was in the hospital, they formed a committee and demanded better conditions from management. When they were turned away, 70 workers went on strike. The next day, they were fired for “insubordination.”
The farmworkers had complained for weeks about the terrible working and living conditions, according to Ramón Torres, of Familias Unidas por la Justicia (FUJ), a local farmworker union. The food is bad with only small portions, the drinking water is warm, and the workers have to pay for both. The temperatures are in the 90s with no shade in early August. Also, the air is smoky from recent forest fires. Some workers have fainted while picking the blueberries.
After the 70 workers were fired, they packed their bags, moved a mile down the road and began an occupation — despite receiving threats of being deported. They camped out on the property of a friendly Latinx family. Hundreds of local people donated tents, water, food, coolers, a generator and more. The workers were helped by the FUJ and the women-led Community2Community Development.
The workers from the camp marched on Sarbanand with solidarity groups on Aug. 8. When they reached the farm, 50 more workers came out and joined them. By now, the workers at the camp were receiving publicity and support from media across the country and in Mexico.
Questions remain for the workers. What will happen to their visas? Will they be able to work in the future under the H-2A system? They could be dropped from any future employment by the company that recruited them, CSI Visa Processing. At least the workers have supporters working on these issues.
The workers are now starting to return to Mexico, with their transportation paid by Sarbanand, as the law requires. The farmworkers have strengthened their standing by organizing and fighting back. They’ve exposed H-2A as a system of bondage set up for the advantage of the bosses against the working class. Honesto Silva Ibarra, ¡presente!
Judge cuts Sumas farm fine in half.
Activists respond with more lies.
Capital Press reports that the record fine the Department of Labor & Industries imposed on the Sumas farm was cut in half by a Whatcom County judge. The fine was for missed or late rest or meal breaks and had nothing to do with the death of the worker. However, the record level of the fine had everything to do with it as the Department's records showed that publicity generated by union activists blaming the farm for the worker's death prompted the fine to go from an expected $4600 to $149,000. The judge cut it in half leaving the farm paying $70,000 in fines and courts costs – likely still a record amount and way beyond what would be expected for such violations.
But the union activists led by Rosalinda Guillen of Community to Community continue to lie about the farm and its treatment of guest workers. Despite complete exoneration of the farm by the Department of Labor & Industries, they continue to insist the farm was responsible for the death of the worker. They continue to misrepresent worker conditions and the numerous rules and regulations farmers comply with to protect workers. We ask: what other business would be subject to such penalties for missed rest break? Guillen was quoted as saying in this news report: "For us it's immoral, the fact that the life of a farm worker has been negotiated down to $35,000. And the reason they bring in these H2-A workers is because they are exploitable," she said. "It's like slavery. It's like the value of a worker is actually being calculated. It's disgusting."
What is disgusting and immoral is how, in the face of the indisputable facts about the man's tragic death, this activist continues to pursue her agenda of taking union dues from these workers and attempting to destroy the reputation not just of this farm but of all farms in the area. What is even more disgusting to farmers is those people, groups, companies and churches who choose to believe these lies and support the actions that are so harmful to the workers they say they are trying to help. We challenge them: talk to the workers. Get the facts. Learn that the option for these workers is to go to work in Mexican farm fields where the pay is twenty to thirty times less than what they receive here and where the worker protections are far, far less than what they receive on local farms.
We encourage everyone in the community who cares about the truth to challenge those who support this damaging, dishonest and immoral activism.
But the union activists led by Rosalinda Guillen of Community to Community continue to lie about the farm and its treatment of guest workers. Despite complete exoneration of the farm by the Department of Labor & Industries, they continue to insist the farm was responsible for the death of the worker. They continue to misrepresent worker conditions and the numerous rules and regulations farmers comply with to protect workers. We ask: what other business would be subject to such penalties for missed rest break? Guillen was quoted as saying in this news report: "For us it's immoral, the fact that the life of a farm worker has been negotiated down to $35,000. And the reason they bring in these H2-A workers is because they are exploitable," she said. "It's like slavery. It's like the value of a worker is actually being calculated. It's disgusting."
What is disgusting and immoral is how, in the face of the indisputable facts about the man's tragic death, this activist continues to pursue her agenda of taking union dues from these workers and attempting to destroy the reputation not just of this farm but of all farms in the area. What is even more disgusting to farmers is those people, groups, companies and churches who choose to believe these lies and support the actions that are so harmful to the workers they say they are trying to help. We challenge them: talk to the workers. Get the facts. Learn that the option for these workers is to go to work in Mexican farm fields where the pay is twenty to thirty times less than what they receive here and where the worker protections are far, far less than what they receive on local farms.
We encourage everyone in the community who cares about the truth to challenge those who support this damaging, dishonest and immoral activism.
To download without creating a SCRIBD account, click on the file below:
| media_statement_-_sarbanand_farms_llc__06-20-18_.pdf |
The summary facts about the Sumas berry farm and guest workers:
- The use of guest workers, not any action of the farm, prompted the union activists to foment worker action against the farm
- The tragic death of a worker by natural causes has been cynically and immorally used as a pretext for protests and continued lies about the farm's treatment of workers
- Community to Community is a union activist organization working to generate union dues by limiting access to workers through the guest worker program
- The numerous lies and false accusations are well documented including on this website
- The H2A or guest worker program contains extensive worker protections in addition to the numerous labor laws and regulations that protect all farm workers
- Washington farmers are at an increasing competitive disadvantage over their foreign competitors because they already pay 20-30 times or more what foreign farmers pay as well as the high costs of environmental, safety and health regulations
3/28/2018
Sumas berry farm faced three intensive Labor & Industry investigations. What did the investigators find?
Read Now
One more investigation by the Washington State Department of Labor & Industries of the Sumas berry farm shows the accusations against them are false. Here's the story in the March 26 issue of Capital Press.
This time it was a complaint filed by a worker one month after the incident supposedly happened. He said he smelled chemicals and got a headache. This triggered a third L&I investigation and found no evidence of pesticide exposure.
After three intensive investigations caused by the numerous accusations against the farm by anti-guest worker activists the only thing the state investigations found was the farm had missed one rest break and served one meal late. Huh? How many rest breaks have you missed at work? If your employer was required to serve you your meals, how much would they be fined if one was served late? $150,000? That's how much the Sumas farm faces in fines because of the two "violations."
The political pressure put on the Department by these activists is without question the cause of this excessive penalty. The Department risks losing credibility even as the numerous and continuously repeated false accusations of the activists leaves them with no credibility except with their dedicated few who refuse to face the facts.
This time it was a complaint filed by a worker one month after the incident supposedly happened. He said he smelled chemicals and got a headache. This triggered a third L&I investigation and found no evidence of pesticide exposure.
After three intensive investigations caused by the numerous accusations against the farm by anti-guest worker activists the only thing the state investigations found was the farm had missed one rest break and served one meal late. Huh? How many rest breaks have you missed at work? If your employer was required to serve you your meals, how much would they be fined if one was served late? $150,000? That's how much the Sumas farm faces in fines because of the two "violations."
The political pressure put on the Department by these activists is without question the cause of this excessive penalty. The Department risks losing credibility even as the numerous and continuously repeated false accusations of the activists leaves them with no credibility except with their dedicated few who refuse to face the facts.
3/20/2018
Union activists need to be honest when discussing working conditions and worker treatment.
Read Now
Presione aquí para la traducción de esta página al Español .
It's one thing to organize unions. It's quite another to do so through lies, false accusations, distortions and exaggeration. Here is a compilation of just a few of the examples of the dishonesty displayed by the union activists behind this activity.
The farmworker's tragic death not caused by farmer actions
Emails generating support for the protesting workers at Sarbanand made numerous false claims relating to worker conditions and actions, many of which were repeated by media reports. These include the following:
H2A workers at Sarabanand [sic] Farms (all men) have been experiencing the "normal" conditions of serious overwork at the height of the berry picking season and not enough (and poor quality) food. They were not being offered sufficient breaks, and were told that if they missed three days of work, they would be terminated and sent back to Mexico. Because of this pressure, despite the heat and smoke (Sumas reached the "purple" air quality designation last week--dangerous for anyone, even healthy folks, to exert themselves outside), the workers kept working. Several workers collapsed. One worker went into a coma from heat exhaustion exacerbated by poor air quality and ended up at Harborview. This worker died last night.
Mr. Silva-Ibarra suffered from diabetic ketoacidosis and diabetes mellitus, and died due to natural causes according to the death certificate. According to published reports and from the Sarbanand statement, farm managers were unaware of his untreated diabetes until notified by the worker’s nephew. They immediately called 911 and the man was taken to the hospital. The temperature was in normal ranges and given that the workers are accustomed to working in much higher temperatures in California and Mexico, it is very unlikely that heat played a role. The statement that the worker went into a coma from heat exhaustion presumes a cause which they could not possibly have known and is not reflected in the public records reporting the cause of death. The circumstances surrounding this tragic loss is being investigated by the Department of Labor and Industries.
Air quality was affected by wildfires and anyone whose health condition would be affected by that would be excused from work according to the farm statement. Sarbanand’s statement explains reporting procedures for health and safety concerns:
“The company conducts full orientation and worker safety meetings with all harvest workers as they arrive at the Sumas farm. Company policies encourage all employees to report illnesses, concerns and all other problems they may have. The company responds to all such requests in a reasonable and appropriate manner. We continue to hold regular meetings with workers almost daily to review these procedures.”
Protests were not triggered by the workers illness or death; union activism began well before the illness and death
It has been reported to other area farmers that activists were operating in the fields with the workers well before any work stoppage or protests occurred. A group of workers walked off the job prior to the death of the worker and continued to live in the free housing provided by the farm. Their contract states that if they abandon their jobs after five days, the farm is freed from the obligations of the contract including providing free housing, food and transportation. The guest worker program relieves the farmer of any further responsibility toward the workers for transportation and housing if they have abandoned their jobs. However, and under no obligation under the H2A contract, the farm management continued to offer to pay transportation to return to Mexico to the protesting workers. Nearly all protesting workers did return to Mexico but not all. Reports indicated that they were found working on farms in Eastern Washington, a violation of their contract.
Reports about deportation and police action completely fabricated
Rejecting offers from the farm of free transportation to Bellingham to help resolve visa issues, protesting workers under Community2Community leadership paid for a bus ride to Bellingham's Fairhaven Terminal. Later Bellingham Police were accused by activists of threatening the workers with deportation – an outright fabrication. The Bellingham Police Department took the very unusual step of releasing bodycam video footage of the encounter with the protest leaders from Community2Community because of the false information Guillen and staff were circulating in the community. The police statement included:
On August 5, 2017 our Officers responded to a call for service at the Fairhaven bus terminal. Officers were faced with a civil situation that they problem solved with all the people involved. Recently, we were made aware of some misinformation circulating in the community in regards to the Officer's action that day. Our department is being accused of "stopping a bus and not allowing anyone off of the bus by threatening those on the bus with immigration violations."
A statement provided by the farm addressing a number of these issues on August 15, 2017 is available on the right column on this page.
Working conditions described by union activists, if true, would result in serious consequences for any farmer.
In the case of the Sumas farm, union activists claimed on a political website supportive of their actions:
"...because of degraded living and working conditions, including inadequate and potentially contaminated food, inadequate water, no access to health care, inadequate work breaks and working in dangerous environmental conditions that included high temperatures and extreme air pollution resulting from forest fires; and...farmworker Honesto Silva Ibarra died due to these dangerous conditions and many other farmworkers fell ill due to the same conditions..."
These are very serious accusations and, if validated by investigations, would result in serious consequences. The law does not allow for these conditions and with frequent inspections by multiple regulatory agencies as well as third party audits required by buyers of farm products, it is almost certain that none of these accusations are accurate.
Accusations involving Sakuma Brothers Farms
Union activism initiated by the Community2Community worker center began in 2013. This documents a few of the lies, distortions and false accusations publicly made by the activists and FUJ, the union created by Ms. Guillen of Community2Community.
(Note: all information provided is from publicly available sources including websites during the labor dispute. No information here reflects current conditions at Sakuma Brothers Farms.)
A report on the website “Food First” in September 2013 shows the accusations of activists and how these are related to labor’s opposition to the H2A program:
Low wages and poor working conditions at the Sakuma Brothers Farm in Washington State prompted over 200 seasonal farmworkers to go on a series of strikes earlier this summer, starting July 10th. They returned to work on July 26th after a series of negotiations, believing that the managers would continue to negotiate in good faith, but then resumed their strike when the company did not follow their agreements. The arrival of 170 H-2A guest workers contracted by the Sakuma Brothers Farms is clearly an attempt to undermine the Sakuma farmworkers’ bargaining power, displace local labor, and ultimately, depress wages. [i, ii] The Sakuma farmworkers’ demands reflect the need for drastic policy changes in labor and immigration law that extend far beyond the fields of Sakuma Brothers Farm.
The accusations against Sakuma arose from the arrival of the 170 guest workers. The guest worker program ensures wages higher than minimum wage for all workers employed by the farm, not just the guest workers. The charge of depressing wages is false. Similarly, worker housing, food, transportation are all covered under the agreement. Housing must meet federal, state and local standards. The accusation of displacing local workers is equally false because the program ensures that guest workers can only be used if and when the employer is not able to secure domestic (local or from other areas in the US) labor that is able and willing to work. Given the significant costs and hurdles involved in using the H2A program, farmers typically use it as a last resort when crops cannot be harvested with domestic labor alone. The statement that drastic policy changes are needed make it clear that the intent is political and the false accusations show that the activists’ concern is not worker conditions but the ability of unions to organize workers. To push this agenda, they find it necessary to demonize the farmer.
Accusations of improper payment, wage theft, firing of a strike leader and security guard harassment
In the several years of Sakuma worker action, the news media carried numerous accusations that were not true. Efforts to correct the record with news outlets were not successful.
Exempt from minimum wage?
For example, the same “Food First” article stated: “Washington state law exempts all seasonal hand-harvest laborers who are paid on a piece-rate basis from minimum wage regulations.”
When the guest worker program is used as in this case, all workers – domestic and guest – are guaranteed a wage rate considerably higher than the minimum wage. This is called the "Adverse Wage Rate" and is set by the Department of Labor to protect the interests of local workers. Because of Washington state's high minimum wage, the Adverse Wage Rate for farm workers in Washington is higher than anywhere else in the nation.
Harvesters are often paid on a piece rate basis to incentivize production and because of this many of the best workers are paid far above minimum wage or the higher Adverse Wage Rate. Sakuma reported at the time that some were paid as much as $30 an hour and more when the fruit was in high production. Those who are not as productive are still paid a guaranteed minimum wage as required by law. Certainly, workers who are not able to work at a rate that justifies the mandatory wage are rightfully not considered able and willing. No employer is forced to hire employees that refuse or are unable to perform the work for which they are hired.
Wage theft?
News reports widely carried the story of wage theft and many protest signs featured this false accusation. Here is the accusation as published by the Seattle publication “The Stranger” and Sakuma’s response to it published in October 2013:
The Stranger: Luis was not making minimum wage this summer, despite working eight-hour days on his knees picking strawberries for Sakuma Brothers Farms, he and his family say. I deserve to get paid minimum wage, and that's it," he said. "They weren't paying the kids minimum wage for the whole season."
FACT [from Sakuma]: We did have a payroll glitch early this summer which was outside of our control. But, it was corrected immediately and those employees were paid their full amounts. We use ADS (DataTracK), which is well-known for its highly-reputable electronic data tracking. We download the data from our in-field electronic scanners and this combined with registration data (name, date of birth, address, etc.) is then sent to ADP who cuts the check. ADP’s payroll program takes care of all aspects of payroll including the proper withholding and related deductions. ADS had a programming problem when they transitioned payroll calculations from 2012 to 2013 which impacted a very small group of workers who were also minors. Due the glitch, these workers were treated as “exempt” from minimum wage. As soon as Sakuma Brothers Farms discovered the problem, we manually calculated the earnings of every affected employee and they were paid the full amount earned. ADS made the programming correction and the system has worked fine since then.
Fired for leading strike activity?
Sakuma fired one of the primary strike leaders and the person who has emerged as the president of the worker union established out of the Sakuma unrest, Ramon Torres. His firing was widely broadcast as retaliation for his leadership of the protest. The facts were very different from what was reported:
The Stranger: Photo of Berry Pickers in the field with the caption: Workers allege that Ramon Torres, below, was fired for his role in recent strikes. The spokesperson for Sakuma Brothers Farms insists Torres was fired for other reasons.
FACT [from Sakuma]: The one and only reason for the firing of Ramon Torres was due to his recent arrest for domestic violence and spousal abuse. Ramon was arrested by Skagit County Sheriff officers on August 30th (Case Number C00062705) at the farm workers camp at Sakuma Brothers Farms. According to the arrest report, Torres had pushed his wife Deanna Torres as well as “hit her and pulled her the previous day.” We take domestic violence very seriously, especially spousal abuse in our housing. Due to safety concerns for all workers and people in the camp, we had no choice but terminate him and remove him from the camp. Our society has witnessed too many deadly instances when domestic violence and spousal abuse were ignored or covered up. The fact is that Ramon Torres was arrested for assaulting his wife and, thus, was considered a threat to the entire camp.
Another accusation widely published and broadcast related to the hiring of security guards. Again, The Stranger’s accusation and the Sakuma response:
Security to protect farm or farmworkers?
The Stranger: “Security guys" hired by the farm since the strike began following her around. "One of them... he would pop out. I was kind of scared to go to the bathroom, so I would go before it got dark." Deanna, Ramon, and their daughter have since moved out of the labor camp and into a Burlington apartment. But the rest of the workers still had to contend with the farm's hired security personnel hovering around.
FACT [from Sakuma]: We do have security outside the camps because many workers have told us they have been threatened or intimidated by the organizers of the labor committee to join them and go on strike. These workers have told us they simply want to do their jobs and earn money which is why we asked the security team to assist. No one followed Deanna Torres around but given that her husband was arrested for domestic violence against her, the security personnel nearby only added to her safety in the days that followed his arrest.
There were numerous other accusations made against the farm that were false and vicious but still widely published and aired. Sakuma Farms attempted to set the record straight with the Sakuma Facts website but their efforts were not published or broadcast in any significant way by any media outlet covering the story.
It's one thing to organize unions. It's quite another to do so through lies, false accusations, distortions and exaggeration. Here is a compilation of just a few of the examples of the dishonesty displayed by the union activists behind this activity.
The farmworker's tragic death not caused by farmer actions
Emails generating support for the protesting workers at Sarbanand made numerous false claims relating to worker conditions and actions, many of which were repeated by media reports. These include the following:
H2A workers at Sarabanand [sic] Farms (all men) have been experiencing the "normal" conditions of serious overwork at the height of the berry picking season and not enough (and poor quality) food. They were not being offered sufficient breaks, and were told that if they missed three days of work, they would be terminated and sent back to Mexico. Because of this pressure, despite the heat and smoke (Sumas reached the "purple" air quality designation last week--dangerous for anyone, even healthy folks, to exert themselves outside), the workers kept working. Several workers collapsed. One worker went into a coma from heat exhaustion exacerbated by poor air quality and ended up at Harborview. This worker died last night.
Mr. Silva-Ibarra suffered from diabetic ketoacidosis and diabetes mellitus, and died due to natural causes according to the death certificate. According to published reports and from the Sarbanand statement, farm managers were unaware of his untreated diabetes until notified by the worker’s nephew. They immediately called 911 and the man was taken to the hospital. The temperature was in normal ranges and given that the workers are accustomed to working in much higher temperatures in California and Mexico, it is very unlikely that heat played a role. The statement that the worker went into a coma from heat exhaustion presumes a cause which they could not possibly have known and is not reflected in the public records reporting the cause of death. The circumstances surrounding this tragic loss is being investigated by the Department of Labor and Industries.
Air quality was affected by wildfires and anyone whose health condition would be affected by that would be excused from work according to the farm statement. Sarbanand’s statement explains reporting procedures for health and safety concerns:
“The company conducts full orientation and worker safety meetings with all harvest workers as they arrive at the Sumas farm. Company policies encourage all employees to report illnesses, concerns and all other problems they may have. The company responds to all such requests in a reasonable and appropriate manner. We continue to hold regular meetings with workers almost daily to review these procedures.”
Protests were not triggered by the workers illness or death; union activism began well before the illness and death
It has been reported to other area farmers that activists were operating in the fields with the workers well before any work stoppage or protests occurred. A group of workers walked off the job prior to the death of the worker and continued to live in the free housing provided by the farm. Their contract states that if they abandon their jobs after five days, the farm is freed from the obligations of the contract including providing free housing, food and transportation. The guest worker program relieves the farmer of any further responsibility toward the workers for transportation and housing if they have abandoned their jobs. However, and under no obligation under the H2A contract, the farm management continued to offer to pay transportation to return to Mexico to the protesting workers. Nearly all protesting workers did return to Mexico but not all. Reports indicated that they were found working on farms in Eastern Washington, a violation of their contract.
Reports about deportation and police action completely fabricated
Rejecting offers from the farm of free transportation to Bellingham to help resolve visa issues, protesting workers under Community2Community leadership paid for a bus ride to Bellingham's Fairhaven Terminal. Later Bellingham Police were accused by activists of threatening the workers with deportation – an outright fabrication. The Bellingham Police Department took the very unusual step of releasing bodycam video footage of the encounter with the protest leaders from Community2Community because of the false information Guillen and staff were circulating in the community. The police statement included:
On August 5, 2017 our Officers responded to a call for service at the Fairhaven bus terminal. Officers were faced with a civil situation that they problem solved with all the people involved. Recently, we were made aware of some misinformation circulating in the community in regards to the Officer's action that day. Our department is being accused of "stopping a bus and not allowing anyone off of the bus by threatening those on the bus with immigration violations."
A statement provided by the farm addressing a number of these issues on August 15, 2017 is available on the right column on this page.
Working conditions described by union activists, if true, would result in serious consequences for any farmer.
In the case of the Sumas farm, union activists claimed on a political website supportive of their actions:
"...because of degraded living and working conditions, including inadequate and potentially contaminated food, inadequate water, no access to health care, inadequate work breaks and working in dangerous environmental conditions that included high temperatures and extreme air pollution resulting from forest fires; and...farmworker Honesto Silva Ibarra died due to these dangerous conditions and many other farmworkers fell ill due to the same conditions..."
These are very serious accusations and, if validated by investigations, would result in serious consequences. The law does not allow for these conditions and with frequent inspections by multiple regulatory agencies as well as third party audits required by buyers of farm products, it is almost certain that none of these accusations are accurate.
Accusations involving Sakuma Brothers Farms
Union activism initiated by the Community2Community worker center began in 2013. This documents a few of the lies, distortions and false accusations publicly made by the activists and FUJ, the union created by Ms. Guillen of Community2Community.
(Note: all information provided is from publicly available sources including websites during the labor dispute. No information here reflects current conditions at Sakuma Brothers Farms.)
A report on the website “Food First” in September 2013 shows the accusations of activists and how these are related to labor’s opposition to the H2A program:
Low wages and poor working conditions at the Sakuma Brothers Farm in Washington State prompted over 200 seasonal farmworkers to go on a series of strikes earlier this summer, starting July 10th. They returned to work on July 26th after a series of negotiations, believing that the managers would continue to negotiate in good faith, but then resumed their strike when the company did not follow their agreements. The arrival of 170 H-2A guest workers contracted by the Sakuma Brothers Farms is clearly an attempt to undermine the Sakuma farmworkers’ bargaining power, displace local labor, and ultimately, depress wages. [i, ii] The Sakuma farmworkers’ demands reflect the need for drastic policy changes in labor and immigration law that extend far beyond the fields of Sakuma Brothers Farm.
The accusations against Sakuma arose from the arrival of the 170 guest workers. The guest worker program ensures wages higher than minimum wage for all workers employed by the farm, not just the guest workers. The charge of depressing wages is false. Similarly, worker housing, food, transportation are all covered under the agreement. Housing must meet federal, state and local standards. The accusation of displacing local workers is equally false because the program ensures that guest workers can only be used if and when the employer is not able to secure domestic (local or from other areas in the US) labor that is able and willing to work. Given the significant costs and hurdles involved in using the H2A program, farmers typically use it as a last resort when crops cannot be harvested with domestic labor alone. The statement that drastic policy changes are needed make it clear that the intent is political and the false accusations show that the activists’ concern is not worker conditions but the ability of unions to organize workers. To push this agenda, they find it necessary to demonize the farmer.
Accusations of improper payment, wage theft, firing of a strike leader and security guard harassment
In the several years of Sakuma worker action, the news media carried numerous accusations that were not true. Efforts to correct the record with news outlets were not successful.
Exempt from minimum wage?
For example, the same “Food First” article stated: “Washington state law exempts all seasonal hand-harvest laborers who are paid on a piece-rate basis from minimum wage regulations.”
When the guest worker program is used as in this case, all workers – domestic and guest – are guaranteed a wage rate considerably higher than the minimum wage. This is called the "Adverse Wage Rate" and is set by the Department of Labor to protect the interests of local workers. Because of Washington state's high minimum wage, the Adverse Wage Rate for farm workers in Washington is higher than anywhere else in the nation.
Harvesters are often paid on a piece rate basis to incentivize production and because of this many of the best workers are paid far above minimum wage or the higher Adverse Wage Rate. Sakuma reported at the time that some were paid as much as $30 an hour and more when the fruit was in high production. Those who are not as productive are still paid a guaranteed minimum wage as required by law. Certainly, workers who are not able to work at a rate that justifies the mandatory wage are rightfully not considered able and willing. No employer is forced to hire employees that refuse or are unable to perform the work for which they are hired.
Wage theft?
News reports widely carried the story of wage theft and many protest signs featured this false accusation. Here is the accusation as published by the Seattle publication “The Stranger” and Sakuma’s response to it published in October 2013:
The Stranger: Luis was not making minimum wage this summer, despite working eight-hour days on his knees picking strawberries for Sakuma Brothers Farms, he and his family say. I deserve to get paid minimum wage, and that's it," he said. "They weren't paying the kids minimum wage for the whole season."
FACT [from Sakuma]: We did have a payroll glitch early this summer which was outside of our control. But, it was corrected immediately and those employees were paid their full amounts. We use ADS (DataTracK), which is well-known for its highly-reputable electronic data tracking. We download the data from our in-field electronic scanners and this combined with registration data (name, date of birth, address, etc.) is then sent to ADP who cuts the check. ADP’s payroll program takes care of all aspects of payroll including the proper withholding and related deductions. ADS had a programming problem when they transitioned payroll calculations from 2012 to 2013 which impacted a very small group of workers who were also minors. Due the glitch, these workers were treated as “exempt” from minimum wage. As soon as Sakuma Brothers Farms discovered the problem, we manually calculated the earnings of every affected employee and they were paid the full amount earned. ADS made the programming correction and the system has worked fine since then.
Fired for leading strike activity?
Sakuma fired one of the primary strike leaders and the person who has emerged as the president of the worker union established out of the Sakuma unrest, Ramon Torres. His firing was widely broadcast as retaliation for his leadership of the protest. The facts were very different from what was reported:
The Stranger: Photo of Berry Pickers in the field with the caption: Workers allege that Ramon Torres, below, was fired for his role in recent strikes. The spokesperson for Sakuma Brothers Farms insists Torres was fired for other reasons.
FACT [from Sakuma]: The one and only reason for the firing of Ramon Torres was due to his recent arrest for domestic violence and spousal abuse. Ramon was arrested by Skagit County Sheriff officers on August 30th (Case Number C00062705) at the farm workers camp at Sakuma Brothers Farms. According to the arrest report, Torres had pushed his wife Deanna Torres as well as “hit her and pulled her the previous day.” We take domestic violence very seriously, especially spousal abuse in our housing. Due to safety concerns for all workers and people in the camp, we had no choice but terminate him and remove him from the camp. Our society has witnessed too many deadly instances when domestic violence and spousal abuse were ignored or covered up. The fact is that Ramon Torres was arrested for assaulting his wife and, thus, was considered a threat to the entire camp.
Another accusation widely published and broadcast related to the hiring of security guards. Again, The Stranger’s accusation and the Sakuma response:
Security to protect farm or farmworkers?
The Stranger: “Security guys" hired by the farm since the strike began following her around. "One of them... he would pop out. I was kind of scared to go to the bathroom, so I would go before it got dark." Deanna, Ramon, and their daughter have since moved out of the labor camp and into a Burlington apartment. But the rest of the workers still had to contend with the farm's hired security personnel hovering around.
FACT [from Sakuma]: We do have security outside the camps because many workers have told us they have been threatened or intimidated by the organizers of the labor committee to join them and go on strike. These workers have told us they simply want to do their jobs and earn money which is why we asked the security team to assist. No one followed Deanna Torres around but given that her husband was arrested for domestic violence against her, the security personnel nearby only added to her safety in the days that followed his arrest.
There were numerous other accusations made against the farm that were false and vicious but still widely published and aired. Sakuma Farms attempted to set the record straight with the Sakuma Facts website but their efforts were not published or broadcast in any significant way by any media outlet covering the story.
3/13/2018
Even the workers activists induced to protest do not agree with this campaign to stop guest worker jobs
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Rosalinda Guillen is fighting against the expressed desires of the very workers she says she is trying to help. And continuing to promote outrageous lies against the Sumas farm whose hiring of over 600 guest workers drew her union activism.
Continued false accusations about the death of the worker
Her email sent to supporters on March 10 said: As many of you know Honesto Silva Ibarra died this summer after being denied medical treatment while working under the smoky conditions of wildfires at Sarabanand Farms as an H2A guestworker in Sumas WA.
We refer you to the message from the farm owner in reply to this vicious lie. Either the Department of Labor & Industries along with the King County Medical Examiner's Office are lying, or Rosalinda is lying. The farm management was fully exonerated in a detailed investigation. Additional proof comes from the Columbia Legal Services lawsuit against the farm which is focused on a comment made by a California employee, and does not include any mention of the farm's role in the worker's tragic death.
Capital Press on March 13 reported in even stronger terms the response of L&I to Guillen's accusations:
L&I investigators, responding at least in part to accusations posted on Facebook, exonerated the farm in Ibarra’s death. A spokesman for the agency said workers were provided water, shade and heat-illness training. The investigation did find that workers missed one rest break and were served one meal late in late July. The company was fined a total of $149,800 by the state and Whatcom County.
Can anyone imagine Boeing or Starbucks fined $150,000 because of one missed rest break or one late meal?
Guillen's goal: stop farms from hiring guest workers
The Action Alert email Guillen sent out said:
We are launching a campaign to block the expansion of the H2A guest worker program in Whatcom and Skagit county...
This is in opposition to the express desires of the 18,000 guest workers in Washington state in 2017 AND even the small group of workers she induced to protest. Want proof?
Here is a video interview by the Bellingham Herald with one of the protesting workers with translations by Edgar Franks, one of Guillen's staff. The translation of Franks is not entirely accurate and does not convey, as a more careful translation, that the worker is repeating information about working conditions and the worker's death that was told to him by the activists. His last statement is important. He says:
-Espero que todo salga bien, sobre todo, justicia para ese hombre que falleció y que su familia reciba apoyo, y también justicia para todos nosotros aquí sin poder, así que podemos tener la oportunidad de trabajar en otro lugar, tal vez no aquí, sino Algún lugar más.
-I hope everything gets worked out, most of all, justice for that man that passed away and that his family gets support, and also justice for all of us here with no so we can have the opportunity to work elsewhere, maybe not here but someplace else.
Continued false accusations about the death of the worker
Her email sent to supporters on March 10 said: As many of you know Honesto Silva Ibarra died this summer after being denied medical treatment while working under the smoky conditions of wildfires at Sarabanand Farms as an H2A guestworker in Sumas WA.
We refer you to the message from the farm owner in reply to this vicious lie. Either the Department of Labor & Industries along with the King County Medical Examiner's Office are lying, or Rosalinda is lying. The farm management was fully exonerated in a detailed investigation. Additional proof comes from the Columbia Legal Services lawsuit against the farm which is focused on a comment made by a California employee, and does not include any mention of the farm's role in the worker's tragic death.
Capital Press on March 13 reported in even stronger terms the response of L&I to Guillen's accusations:
L&I investigators, responding at least in part to accusations posted on Facebook, exonerated the farm in Ibarra’s death. A spokesman for the agency said workers were provided water, shade and heat-illness training. The investigation did find that workers missed one rest break and were served one meal late in late July. The company was fined a total of $149,800 by the state and Whatcom County.
Can anyone imagine Boeing or Starbucks fined $150,000 because of one missed rest break or one late meal?
Guillen's goal: stop farms from hiring guest workers
The Action Alert email Guillen sent out said:
We are launching a campaign to block the expansion of the H2A guest worker program in Whatcom and Skagit county...
This is in opposition to the express desires of the 18,000 guest workers in Washington state in 2017 AND even the small group of workers she induced to protest. Want proof?
Here is a video interview by the Bellingham Herald with one of the protesting workers with translations by Edgar Franks, one of Guillen's staff. The translation of Franks is not entirely accurate and does not convey, as a more careful translation, that the worker is repeating information about working conditions and the worker's death that was told to him by the activists. His last statement is important. He says:
-Espero que todo salga bien, sobre todo, justicia para ese hombre que falleció y que su familia reciba apoyo, y también justicia para todos nosotros aquí sin poder, así que podemos tener la oportunidad de trabajar en otro lugar, tal vez no aquí, sino Algún lugar más.
-I hope everything gets worked out, most of all, justice for that man that passed away and that his family gets support, and also justice for all of us here with no so we can have the opportunity to work elsewhere, maybe not here but someplace else.
Here is one of Guillen's protesters, reflecting the misinformation he and fellow protesters were provided, but making clear he wants to come back from Mexico and work. The very thing Franks and Guillen are trying to prevent from happening.
(Side note: The activists accuse the farm of hindering the workers in securing their visas or work permits: another false accusation. The farm is not responsible for that but the company contracting to provide the guest workers. The company did nothing to hinder the legal status of these workers. Why would they? They hired them to help harvest the crops!)
Want to help farm workers get the justice and support they need?
Those who support the vicious lies of Community to Community are harming the very workers they say they are trying to help. Guest workers and domestic farm workers are protected by likely the most stringent labor laws in the nation. They are not mistreated, but eager for the jobs their families so desperately need. The 18,000 guest workers hired in Washington state returned over $288 million to their families in 2017. Only about 60 stopped working and protested, hurting their families and possibly permanently damaging their prospects for future work – all because they believed the lies they were told.
If you care about what is right for these workers, tell Ms. Guillen to stop lying and start working for the real interests of these workers which is to keep their jobs.
(Side note: The activists accuse the farm of hindering the workers in securing their visas or work permits: another false accusation. The farm is not responsible for that but the company contracting to provide the guest workers. The company did nothing to hinder the legal status of these workers. Why would they? They hired them to help harvest the crops!)
Want to help farm workers get the justice and support they need?
Those who support the vicious lies of Community to Community are harming the very workers they say they are trying to help. Guest workers and domestic farm workers are protected by likely the most stringent labor laws in the nation. They are not mistreated, but eager for the jobs their families so desperately need. The 18,000 guest workers hired in Washington state returned over $288 million to their families in 2017. Only about 60 stopped working and protested, hurting their families and possibly permanently damaging their prospects for future work – all because they believed the lies they were told.
If you care about what is right for these workers, tell Ms. Guillen to stop lying and start working for the real interests of these workers which is to keep their jobs.
3/12/2018
Statement from Sumas farm owner regarding the latest accusations published by Guillen
Read Now
In response to your inquiry, the Washington State Department of Labor & Industries undertook several thorough and extensive investigations at Sarbanand Farms, LLC, in connection with Honesto Silva Ibarra’s death last summer. The agency praised the company for its cooperation and found no workplace safety or health violations. It further concurred with the King County Medical Examiner’s Office that the worker’s death was the result of natural causes, and not related to any occupational issues. All of this was confirmed by the L&I release of Feb 1, excerpts of which are set forth below.
For any organization to suggest otherwise is simply false and would seem to be nothing more than a desperate attempt to mislead the public.
Since the company acquired the farm in Sumas, Sarbanand Farms has made a multi-million investment to create state-of- the-art living quarters and facilities for its workers. These include sleeping, personal hygiene, dining, laundry and outdoor facilities. (link)
All the Munger companies take seriously their responsibilities with respect to worker safety and they are committed to the wellbeing of every one of their workers. With an ongoing goal of the companies being to comply with all laws and regulations governing the workplace, they also have comprehensive compliance programs in place.
Excerpts from the L&I press release:
For any organization to suggest otherwise is simply false and would seem to be nothing more than a desperate attempt to mislead the public.
Since the company acquired the farm in Sumas, Sarbanand Farms has made a multi-million investment to create state-of- the-art living quarters and facilities for its workers. These include sleeping, personal hygiene, dining, laundry and outdoor facilities. (link)
All the Munger companies take seriously their responsibilities with respect to worker safety and they are committed to the wellbeing of every one of their workers. With an ongoing goal of the companies being to comply with all laws and regulations governing the workplace, they also have comprehensive compliance programs in place.
Excerpts from the L&I press release:
- “Safety and health investigations find no violations
- “L&I also conducted a simultaneous investigation into safety at the workplace, in connection with Silva Ibarra’s death. The agency understands the concerns when an unexpected death occurs, and strives to find out if it’s work-related.
- “An autopsy conducted by the King County Medical Examiner’s Office determined the death was from natural causes, and not related to occupational issues. L&I shared information and discussed the case with the medical examiner.
- “Agency investigators interviewed members of Silva Ibarra’s work crew, a family member who was with him the day he fell ill, roommates, his wife (by telephone), and work supervisors, among others.
- “Investigators spent three days at the worksite looking into the availability of drinking water, shade, training and restroom facilities. The agency also conducted a third investigation focused solely on pesticide use and exposure to workers. Based on the information gathered during the inspections, no workplace safety or health violations were found.”
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