Calling the conditions in Immokalee's farm fields tragic,
appalling and deplorable, three U.S. senators promised a federal
review of tomato pickers' wages and greater oversight of their
working conditions at a Senate Health, Education, Labor, and
Pensions committee hearing Tuesday.
Bernie Sanders, I-Vt., Edward Kennedy, D-Mass., and Dick Durbin,
D-Ill., expressed concern about the treatment of the Florida workers
after the collapse of a plan to get the fast-food industry to boost
its wages by paying a penny more per pound of tomatoes.
"It may not sound like much, but for the tomato pickers, it means
the difference between poverty and decent wages," Kennedy said. He
invoked Edward R. Murrow's landmark 1960 documentary "Harvest of
Shame," which detailed the grim plight of migrant workers in
Immokalee and elsewhere.
"Too little has changed over the years," he said. The fact that
there's a need for hearings today shows "how far we have to go to
provide genuine fairness and justice for this vulnerable workforce,"
he said.
"Do the math with me," Durbin said in his opening statement.
Workers would have to fill and empty a 32-pound bucket of tomatoes,
each worth some 45 cents, about every two minutes all day long to
earn the $12.50, he said.
"Is that possible?" he asked. "I don't think it is."
Sanders also decried conditions in Immokalee, pointing out that
when he visited in January, a 17-count indictment was handed down
for enslavement of tomato workers.
"In America, in the year 2008, it is not acceptable that workers
producing the food we eat should live in these conditions," he said.
Workers face seven-day work weeks, physical and psychological
abuse, and debt bondage to their employers, said Lucas Benitez,
co-founder of the Coalition of Immokalee Workers.
Collier County sheriff's Detective Charlie Frost, a human
trafficking expert, confirmed those conditions.
"Today's form of slavery does not bear the overt nature of
pre-Civil War slavery, but it is no less heinous and reprehensible
than the slavery of our nation's past,'' he said.
Reggie Brown, executive vice president of the Florida Tomato
Growers Exchange, insisted his colleagues "abhor and condemn
slavery. We are on the same side on this issue."
Brown also said tomato harvesters can earn almost double the
state's $6.79 per hour minimum wage.
The hearing came months after Burger King and Florida tomato
growers joined to overturn the gains the workers won from fast-food
giants McDonald's and Yum! Brands, both of whom agreed to pay a
penny a pound more.
"We've always been interested in finding a way to assure decent
wages and modern working conditions for the tomato harvesters in
Immokalee," said Burger King spokesman Keva Silversmith.
Advocates had hailed the agreement with the coalition as a first
step in boosting wages industrywide. It worked for two seasons
before Florida Tomato Growers Exchange told members it would fine
them $100,000 if they participated, citing legal concerns about
antitrust, labor and racketeering issues.
In one testy exchange, Sanders questioned Brown about his group's
threatened fines. Sanders told Brown that lawyers from Yum! Brands
and McDonald's found the agreements sound and legal, as did 26 law
professors from around the country.
Their opinion?
"The ostensible legal concerns are utterly without merit,"
Sanders said. "The only real antitrust concern would arise if
several growers agree among themselves to not participate.
"Are you saying these 26 are wrong and you're right?"
Brown: "That's one group of legal opinions and our opinion is
different."
Benitez suggested growers offer a surcharge on their tomatoes -
as they have done to offset spikes in oil prices or ease the cost of
phasing out the pesticide methyl bromide - but with the money going
to farmworkers.
Pressed by Sanders, Brown agreed to open pay records of Florida
Tomato Growers Exchange members to the General Accounting Office.
Writer Eric Schlosser suggested a tactic similar to one used in
the war on drugs: Farmers who have repeated instances of enslaved
workers in their fields could face the possible loss of their land -
the same way property can be seized if it was involved in a drug
crime.
In his conclusion, Sanders said there remains a great deal more
work to do and promised further action, which pleased coalition
co-founder Greg Asbed.
"After years of struggling in Immokalee, the U.S. Senate is
taking a real interest in this," Asbed said. "We hope that the
entire food industry and the Florida agricultural industry know a
new day is coming."