UFW Publicizes Plight of Cherry Harvest Workers

By Michael C. Saqui & Anthony P. Raimondo

The UFW has been publicizing the plight of approximately 100 cherry harvest workers who were discovered camping in Kern County orchards due to a lack of available housing. According to reports, the workers were living in the orchard and bathing in a drainage ditch.

According to reports in the Bakersfield Californian, most if not all of the workers had come from Washington to work for a company they had worked for in the past, Stemilt Growers, Inc. According to UFW organizers, the Washington supervisors provided the workers with cards that provided instructions on how to get to California. The UFW claims that some workers were told that housing would be provided, a claim company representatives denied. According to Stemilt Growers, the company has no connection to the orchard at all, and it did not employ the workers in California.

The Bakersfield Californian reported that the orchard is owned by Kyle & Brad LLC, an entity operated by Kyle Mathison, a partner in Stemilt Growers. According to the newspaper, lease and licensing agreement show that the cherry trees are owned by Marvin Nies, and Kyle & Brad LLC rents the trees from Nies.

The workers were discovered by Kern County Environmental Health Services, and have since been moved from the land. County officials said that they did not know whether the workers were given permission to be on the land. According to news reports, orchard representatives showed county officials contracts that stated that no housing was to be provided to the workers.

The U.S. Department of Labor has opened an investigation.

COUNSEL TO MANAGEMENT:

The U.S. Department of Labor will be investigating whether any of the businesses involved violated the Migrant and Seasonal Agricultural Worker Protection Act, and a critical inquiry will be whether the workers were promised housing. The agency will also likely investigate whether the grower knew that the workers were camping in the orchards. It is likely that the U.S. Department of Labor will be looking into the relationship between Stemilt Growers and Kyle & Brad LLC to determine whether the entities are joint employers of the workers.

While it remains to be seen how this situation will evolve, it is an important reminder that employers should have appropriate contracts in place regarding their workforce and business relationships, and that written disclosures on Department of Labor form WH 516 should be given to all workers. These disclosures describe the working conditions, and clearly state whether housing will be provided.

Most important, growers need to be aware of what is going on in their fields, and should schedule periodic inspections to make sure that only approved activities are present on their property. In recent years, farm land has been used for activities ranging from camping, to dumping, and even to methamphetamine production. Growers must monitor their land for their own protection.

The goal of this article is to provide employers with current labor and employment law information. The contents should not be interpreted or construed as legal advice or opinion. For individual responses to questions or concerns regarding any given situation, the reader should consult with Saqui & Raimondo at (831) 443-7100 in Salinas, or (916) 782-8555 in Sacramento.