NY farm labor bill back - and so is opposition

Farm labor bill is back, and so is opposition

One side says state legislation proposed this week will give farmworkers long-overdue rights, including overtime pay after they work 10 hours in one day or 60 hours in one week.

"It puts into place basic rights for farmworkers," Jordan Wells, coordinator of the Justice for Farmworkers campaign, said on Friday. "And it recognizes the particular aspects that are unique to farming."

Wells is a hailing the legislation as a "compromise bill" that he said included feedback from New York Farm Bureau.

But NYFB on Friday said the legislation -- Assembly Bill 1867 and Senate Bill 2247 -- would force many farms to close, and would put New York agriculture at a competitive disadvantage with nearby states and Canada.

"If this passes we won't be producing things like fruits and vegetables in New York State," said Julie Suarez, public policy director for New York Farm Bureau. "We'll be doing wheat and oats that can be machine-harvested."

Wells works for the Rural Migrant Ministry in Poughkeepsie. That agency, which has an office in Brockport, has been part of a push for more farmworker labor rights the past 15 years. It has drawn churches, students and labor interests into the movement. It also has state senators Pedro Espada and John Sampson as chief sponsors in Albany. Those New York City residents are part of the Democratic leadership in the state Senate, which was wrestled away from Republicans for the first time last year in 40 years.

The farmworker labor legislation was presented several times last year, and was narrowly rejected. But with the changes in the bill, Wells said he hopes the legislation will finally be passed in the Assembly and Senate.

"I don't want to make any predictions," he said. "You never know with the state Legislature."

Wells said the legislation makes many concessions to farmers, including pushing back the implementation until 2011, if the bill passes this year. The Justice campaign backed off of collective bargaining for all farmworkers and now would limit those rights to workers on farms with sales exceeding $500,000, which Wells said exempts 95 percent of agriculture.

The overtime threshold, before time-and-half kicks in, was changed from 8-hour days and 40-hour weeks to 10-hour days and 60-hour weeks, and on a seventh consecutive day of work. In 2013, overtime would start after 55 hours in a week.

The legislation also changes earlier proposals and will no longer require unemployment tax liability on guestworker wages. That will save farmers at least $1 million, according to the Justice campaign.

The proposed legislation also would continue exemptions for small farms from workers compensation and unemployment insurance tax liabilities.

Dean Norton, president of New York Farm Bureau, said the bill threatens the upstate economy, and the farms on Long Island. The bill will add $200 million in mandates to the state's farmers, said Norton, a Batavia resident who works as an accountant and business consultant for farms. His family runs a dairy farm in Elba.

"Producing food is a basic need, and unless the Legislature seriously rethinks this legislation it will jeopardize our farmers' ability to produce local food for local people," Norton said in a statement released by NYFB.

The labor bill would have a tremendous impact on New York's smaller farms, while also putting "unsustainable pressure" on larger family farms that provide the bulk of the fresh New York-grown products, Norton said.

California would be the only state with stricter labor mandates, and that state has a year-round growing season and an agricultural industry more than triple the size of New York's $4 billion agricultural industry, NYFB said.

Norton also blasted the collective bargaining provisions, saying 99 percent of New York's farms are owned by families -- "not huge corporate manufacturers with staff to negotiate with New York's powerful unions."

Farm Bureau on Friday released statements, condemning the labor bill, from several organizations, including New York Apple Association, New York State Vegetable Growers Association, Unshackle Upstate, the Business Council of New York State Inc., Farm Credit East, Dairylea Cooperative Inc., Agri-Mark, and the National Federation of Independent Business.

"In today's economic times, with competitive pressure from all over the world, putting New York agriculture at a disadvantage will hurt our ability to thrive and sustain our industry," Jim Allen, president of the New York Apple Association, said in a statement released by NYFB.

"I am amazed at why Albany does not try to enhance New York agriculture, the state's No. 1 industry, rather than constantly add more barriers that help drive farmers out of business."

The state's dairy industry, which accounts for about half of the state's total farm receipts, is coming off a disastrous year, when farms were paid far below their production costs. The timing of the labor bill comes when dairy farmers are trying to dig out of their steep debts.

Farm Credit East studied New York farmers' labor costs, based on the 2007 Census of Agriculture, and discovered that New York farmers paid $13.82 for every $100 of production, or 56 percent more than the U.S. average of $8.88.

"Farmers are a vital part of New York's economy," said Kenneth Adams, president and CEO of The Business Council of New York State. "They provide local food production, help to preserve open space and support many businesses in their communities. This legislation would damage New York's farmers and our economy."

The Rev. Richard Witt, director of Rural & Migrant Ministry, released his own statement. He said the amendments to the legislation "are quite substantial" and "demonstrate particular sensitivity toward small family farms."

He praised the Senate leadership for facilitating the changes.

"We hope that all interested parties will now act in good faith as New York takes this major step toward justice and equality for all workers," Witt said.