AIS-Uncaster Farming, Saturday, April 13,1985
How employers can avoid legal problems with workers
BY MONTIE TAK
Staff Correspondent
CARLISLE - When John
Steinbeck wrote “The Grapes of
Wrath” in 1939, he told the story of
the Joan family who journeyed
west to try to find work in
Depression-era migrant labor
camps. .
While conditions in labor camps
have changes since then, the rights
and problems of migrant labor are
still of prime concern to grower
and worker alike.
The Dickinson School of Law in
Carlisle recently hosted an
agricultural labor management
workshop to discuss those con
cerns.
Attorneys, growers and workers
gathered to share their views on
preseason responsibilities of
growers, mseason requirements,
worker disputes and complaints
and dispute resolution. Jane
Rigler, a professor of law at the
school, moderated the discussion,
which was attended by 100 people.
“I look at this as the start of
communication, if not cooperation,
at least an enhanced un
derstanding of the different points
of view,” says Steve Crawford, the
director of governmental relations
for the Pennsylvania Farmers
Association.
The last 15 years of farmer
worker relations, he added, have
been mainly characterized by
rhetorical exchnage.
Crawfors says most of the
audience consisted of growers
who, like most other farmers rely
more heavily on their employees
more than do many other types of
employers.
“The overwhelming majority of
employers are concerned about the
welfare of their workers,” he says
“This is one of the favorable
gestures.”
Every grower should learn how
to deal with and avoid worker
complaints, Larry Norton, an
attorney for Camden Regional
Legal Services, told the seminar
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“Resolve complaints early by
having a direct relationship with
your workers,” says Norton. “Or
very closely supervise your crew
leaders.”
If a dispute is not resolved and
you receive a letter or a telephone
call from a labor advocate, Norton
emphasizes the necessity not to
stonewall. There are several
reasons why it is important to
resolve problems promptly.
Cost to the grower is one reason.
If the grower is found negligent, he
will be out the actual damages the
court finds against him. He will
have spent money for a lawyer and
in a protracted case, legal fees
may run into several thousand
dollars. In some cases, the grower
may have to pay the legal fees for
the workers.
Unresolved disputes can create a
lot of antagonism between a
grower and a worker. Norton
reminds growers they may have to
face the worker in the worker in
the future. And he hastens to
remind growers that workers who
are fairly treated can be more
productive.
“The most usual problem,” he
says, “centers around getting the
work you are promised. ’ ’
A misrepresentation regarding
the amount of available work is
serious. The next concern of the
worker is getting the pay he or she
is entitled to have. Workers must
understand the deductions made
from their pay, as well.
Other potential sources of
trouble are housing offered to
workers and transportation to
work sites.
“The most important thing is to
get farmers to talk directly to farm
workers,” Norton says. “The
second best is the use of legal
advocates to speak for the
workers.” But he considers the use
of third parties, as in private ar
bitration, to be “a step backward.”
He feels it is vital for the farmer
to head off disputes by making
sure you know what workers have
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Know what goes on between the
crew leader and the workers and
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“Stonewalling can be a matter of
pride. Some farmers don’t want to
admit there’s anything to talk
about when they receive a demand
letter,” he said. “If you do show up
in court you will look better if you
have made efforts to resolve
disputes.”
His thoughts were echoed by
another participant, Norm White,
an attorney with McNees, Wallace
and Nunck of Harrisburg.
“You get credit if you make an
honest effort to resolve a dispute
before it goes to litigation,” adds
White.
White acknowledges the farmer
has a tremendous investment of
capital subject to elements he
cannot control, such as weather
and insects. “To a degree,” says
White,“the worker may also be an
unstable element.”
But he says it is necessary for
the farmer to see-and solve
injustices among people who may
not be able to articulate their
grievances.
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“If you react badly,” he
cautions, “you will deserve what
you get.” The farmer’s attitude is
important and White adds there
may be another side to the story.
“If the worker comes to you with
a complaint it may take a
tremendous amount of courage for
him to face you,” says White. The
grower should a> k e ’ <
courage and involve himself
directly by looking into the
problem.
There may be a time when the
grower has to decide when to call a
lawyer. He says you must deter
mine how much is involved and if a
number of issues are involved, it
shows you have a need for early
legal analysis and services.
“Your ignorance is not an ex
cuse,” added another participant,
Attorney Del Lantz. “Know your
obligations and make an honest
effort to follow the law. ’ ’
If a grievance is substantial, you
as a grower may be the subject of a
class action suit. When this occurs,
says Lantz, one plantiff with a
complaint that is widespread may
stand for several or many other
workers.
“This is difficult for an employer
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“Another common problem is a
worker complaint about housing,"
says Read. “If he has a legitimate
complaint you can not just tell him
to get out.”
A growelr can not require
workers to buy meals from him;
Read says the “company store”
operation is a direct violation of
law. You also can not tell workers
they may not apply for food
stamps. Workers perceived as
“troublesome” can not be
blacklisted by either the grower or
the crew leader.
“You are liable if a worker
proves you haven’t dealt with him
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because it can involve all the past
employees,” says Lantz. “This is
why it is important to keep ac
curate, credible records.”
The most important thing for a
grower to do, says Art Read, an
attorney with Friends of Farm
Workers, Inc. in Philadelphia, is to
start a dialog with his workers.
The worker has a right to
demand a description of em
ployment, he says. This would tell
the worker what he was picking,
how much he would be paid and
how much work was available.
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