Good Fruit Grower

January 2012

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The pilot program would have: • Allowed employers to request assistance from the state in hiring legal workers • Directed the state to negotiate directly with other countries to provide workers • Given local workers preference for jobs • Charged employers a fee for services provided by the state • Provided training, such as English classes, for essen- tial workers The bill had a hearing before the House Committee on Commerce and Labor but didn't advance. Dan Fazio, who at the time was an attorney with the Washington Farm Bureau, said there was considerable opposition to the bill, particularly from worker-advocate groups. Andrea Schmitt, attorney with Columbia Legal Serv- ices in Olympia, Washington, said her firm opposed the 2009 essential worker plan, firstly, because the state gov- ernment has no business regulating immigration and, secondly, because the bill included no protections for workers from abroad, who are extremely vulnerable to exploitation. Columbia Legal Services's mission is to protect and defend the legal and human rights of low- income people. Schmitt said workers brought to work for a specific employer are unable to move to a different job if they're unhappy with the conditions, and they cannot have family members with them. "In order to get workers here from foreign countries— if that's what we really need to do—we need to have a sys- tem with protection for the workers and treat the people like we would treat other members of our community," she said. Exploitation? In theory, it should possible to design a program that would be acceptable and that would treat guest-workers in an appropriate way, Schmitt added, but she was not confident that the growers would want to do everything that would be necessary. "We're cautious about the capacity of the state legisla- ture working in tandem with growers to come up with the kind of program that would be fair to workers," she said. "I've got a lot of feedback from growers that regulation is unnecessary because they really like their workers and they treat them well out of the kindness of their hearts. They don't know what people are talking about when they say workers are exploited. "I talk to thousands of farmworkers every summer, and I can tell you that in the quest to keep costs down on the farm—which may be economically necessary— people get exploited terribly." Fazio, now director of the Washington Farm Labor Association, said he cannot see how guest-workers are exploited when they have their fare paid from their home country and can earn $100 a day, compared with $8 a day in Mexico—if they had a job. "I don't agree that it's better to have any kind of a job," Schmitt said. "The workers come willingly but may not understand the full consequences. "I think we should address the problem by allowing people who are in the United States to work in these jobs," she added. "I think that's something the federal government needs to get involved in." In November, a group of 17 agricultural companies and associations in Washington wrote to Governor Gre- goire supporting the idea of convening a working group to discuss various ways to augment the work force. These might include hiring refugees, prison labor, or students, and using farm-labor contractors. Newhouse said there should still be a push for a long- term solution from the federal government. "There's been an increased awareness of the problem, and there may be some opportunities for us to keep pushing the issue, and we want to capitalize on those opportunities. We will continue to work with our congres- sional delegation to help educate Congress in the need to come up with viable, long-term solutions." • www.goodfruit.com GOOD FRUIT GROWER JANUARY 1, 2012 25

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