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Posts Tagged ‘Bruce Goldstein’

Labor Secretary Reverses Bush's Attack on Farmworker Labor Laws

Friday, May 29th, 2009

Labor Secretary Hilda Solis will suspend the midnight Bush Administration changes to weaken labor protections in the nation’s agricultural guestworker program. The changes to the H-2A guestworker program took effect January 17, 2009, and have had a dramatic impact on wages and working conditions for agricultural workers under the program. In a notice to be published in the Federal Register tomorrow, the Labor Department announces it will reinstate the former regulations in 30 days.

“This is a great relief for our nation’s farmworkers.” said Arturo S. Rodriguez, President of the United Farm Workers (UFW). “The Bush Administration’s rules lowered wages and worker protections and made it easier to bypass legal U.S. workers in favor of guestworkers. We are overjoyed that the Secretary has overturned these cruel and illegal changes.”

The Labor Department decided to issue the suspension after a lawsuit was filed by farmworker unions, including the United Farm Workers (UFW), the Farm Labor Organizing Committee, AFL-CIO (FLOC), Pineros y Campesinos Unidos del Noroeste (PCUN) challenging the legality of the changes. The lawsuit is still pending but worker groups praised the DOL’s decision. FLOC President Baldemar Velasquez called the announcement, “an important victory against the Bush Administration’s efforts to exclude farm workers from voicing their concerns over the harsh policies of a bygone era.”

The groups emphasized, however, that for all H-2A applications filed during the period when the Bush-Chao regulations have been in effect, farmworker employment will continue to be governed by the terms and conditions of the Bush regulations, including the lower wage rates imposed by the Bush rules.

Farmworker Justice remains concerned about the wages and working conditions of those workers hired under the Bush-Chao changes. There also remains a pressing need to address the farm labor supply issue in a more comprehensive manner. One-sided changes to the H-2A program do not solve our nation’s agricultural labor supply issues. We need Congress to pass the AgJOBS bill.

AgJOBS, the Agricultural Job Opportunities, Benefits and Security Act, recently reintroduced in both houses of Congress would stabilize the farm labor force by allowing undocumented farmworkers who meet certain requirements to come forward and pay fines to earn a temporary legal status and gain documentation. It would also revise the H-2A program in balanced ways that have been agreed to by both industry and labor. The AgJOBS proposal has broad bipartisan support.

About the Author: Bruce Goldstein joined Farmworker Justice as a staff attorney in 1988, then served as Co-Executive Director starting in September 1995, and was named Executive Director in July 2005. At Farmworker Justice, Bruce has focused on litigation and advocacy on immigration issues and labor law, with a special emphasis on the H-2A temporary foreign agricultural worker program. Bruce has also sought to address the problem of “farm labor contractors” and other labor intermediaries used by farming operations, often in an attempt to avoid responsibility for complying with labor laws.

This originally appeared in Harvesting Justice on May 28, 2009. Reprinted with permission by the author.

DOL to suspend Bush H-2A Rules

Tuesday, March 17th, 2009

The Labor Department’s announcement of its proposed temporary suspension of the Bush Administration’s changes to the H-2A agricultural guestworker program will be officially published in the Federal Register today (Tuesday, March 17th).

The Bush Administration finalized its changes to the guestworker program in midnight legislation last December. The new rules for the program, which slash wages and worker protections for our nation’s farmworkers, went into effect January 17th.

Several farmworker groups, including the United Farm Workers (UFW), the Farm Labor Organizing Committee (FLOC), Pineros y Campesinos Unidos del Noroeste (PCUN) and Farmworker Justice, among others, warned that the changes would have devastating effects for agricultural workers and tried to prevent them from taking effect. Those groups praised the new administration’s decision to review the new rules. Baldemar Velásquez of FLOC called the proposal “an important victory against the Bush Administration’s closed door policies in not allowing farm workers to have a say over important issues impacting their livelihood.”

“We thank the Obama administration. Our president has clearly demonstrated that we, Americans, now have a government that listens and cares about farm workers” said UFW President Arturo S. Rodriguez. “Today’s announcement is definitely a victory and is the first step in ensuring that the women and men who pick our food are treated fairly.”

The proposed suspension would be for a period of nine months and would give the Labor Department time to review the Bush regulations. There will be a ten day public comment period.

Meanwhile workers who begin their contracts during the period the Bush Administration’s rules are in effect (from January 17th until the suspension begins) may end up working for the lower wages and benefits of the Bush rules, said Bruce Goldstein, Executive Director of Farmworker Justice.

“A suspension of the Bush rules would be a great relief for our nation’s farm workers. The rules were illegal and DOL is acting responsibly in announcing plans to review them. However, it’s unclear what this means for workers who started their contracts under the Bush rules. The Department should not leave them out.”

A Labor Day Attack on Farmworkers

Friday, September 5th, 2008

Amid all the hype of political conventions, analysis of the Republican VP pick and Labor Day celebrations for the rest of the country, the Bush Administration will launch an attack on the nation’s farmworkers.

Secretary of Labor Elaine Chao and Secretary of Homeland Security Michael Chertoff, at any moment, will announce extensive changes to the H-2A guestworker program, slashing wages and reducing worker protections for hundreds of thousands of our nation’s farmworkers. These policy changes deserve our attention.

The H-2A program is a temporary agricultural guestworker program that permits employers to apply for permission to hire foreign labor for jobs lasting ten months or less. To bring in H-2A guestworkers, employers must show that they cannot find U.S. workers who want the jobs. These will be the most far-reaching changes in the laws regulating guestworker programs since 1942. If the changes are finalized, as we expect them to be next week, and take effect, this Administration will have returned us to an era of agricultural labor exploitation that many thought ended over 65 years ago.

What a Labor Day gift to farmworkers!

The Administration will finalize plans that were published several months ago. They called for cutting wage rates and wage protections for both domestic and foreign workers, minimizing recruitment obligations inside the U.S., ending the requirement to provide workers with free housing that meets federal and state safety requirements, curtailing or eliminating transportation reimbursement payments, and removing much of the government oversight that is supposed to deter and remedy illegal employer conduct. There is much more and it’s almost all terrible.

U.S. farmworkers will be denied jobs and forced to quit due to the onerous conditions. The aim of the Administration is to create an endless supply of guestworkers who our government will allow to be exploited at low wage wages and suffer grueling productivity standards that U.S. workers cannot afford to accept. By enticing employers to use vulnerable guestworkers at less than the cost of U.S. workers, the Administration theorizes that it will wean employers from hiring undocumented workers.

This low-wage, low-road strategy is not just morally reprehensible, it is economically destructive. Most farmworkers are undocumented. The Administration’s proposal does absolutely nothing to address that reality. They are already here doing this back-breaking work. Most of them are law-abiding people seeking to support their families, embodying those All-American values such as “self-sacrifice” and “hard-work”. Employers need them. The Bush Administration cannot make them go away.

For decades government commissions have told agriculture that it must stabilize its workforce and improve productivity by increasing wages and modernizing its labor practices, rather than relying on new waves of exploitable foreign labor to overcome high employee turnover.

We call on Congress, including Senator McCain and Senator Obama, to do whatever it takes to stop the Administration from issuing its planned changes to the H-2A guestworker program. There are reasonable alternatives that have won bipartisan support. Both Sen. McCain and Sen. Obama support those alternatives.

During this Labor Day season, amid the election year hype, we must think about the people toiling to put food on our tables. If the Administration issues the final regulations, as we expect they will any day, we plan to ask you to tell Congress to prevent those regulations from every taking effect.

For more information on the H-2A regulatory changes, and news as it develops, please see the H-2A News page on the Farmworker Justice website.

About the Author: Bruce Goldstein joined Farmworker Justice as a staff attorney in 1988, then served as Co-Executive Director starting in September 1995, and was named Executive Director in July 2005. At Farmworker Justice, Bruce has focused on litigation and advocacy on immigration issues and labor law, with a special emphasis on the H-2A temporary foreign agricultural worker program. Bruce’s activities on “guestworker” issues have included litigation against private employers and the government, advocacy in administrative agencies and Congress, training of lawyers and paralegals, building nation-wide coalitions, advising grassroots organizations, and testifying before Congress. Bruce has also sought to address the problem of “farm labor contractors” and other labor intermediaries used by farming operations, often in an attempt to avoid responsibility for complying with labor laws. Bruce received his bachelor’s degree in 1977 from the New York State School of Industrial and Labor Relations at Cornell University, and his law degree from Washington University in St. Louis (1980). He has worked at the National Labor Relations Board, at a legal services office in East St. Louis, Illinois, and in private law practice concentrating in labor law, personal injury and civil rights.

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