Mr. Speaker, I move to suspend the rules and pass the resolution (H. Res. 578) expressing the sense of the House of Representatives that there should be established a National Watermelon Month, as…
Mr. Speaker, I move to suspend the rules and pass the resolution (H. Res. 578) expressing the sense of the House of Representatives that there should be established a National Watermelon Month, as amended.
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I want to thank my colleague for her expression of support for the resolution. I am also going to support the resolution. I just want to add one note of observation so that all those who are enjoying watermelons in this country also keep in mind the people who do the work, who pick those watermelons. It is hard work.
Today we have other bills under suspension that will give us a chance to celebrate the work of laborers. I think that it is important that we are grateful for those who pick the watermelons, and we have to recognize in this market where there are increasing restrictions on migrant workers, making it very difficult for farmers to get the kind of labor that they used to get. We are also seeing that many farmers are beginning to turn to prison labor. This should be a concern to us, all of us who want to make sure that all of those people out of jobs right now in this country who would like to work on farms would have the chance to get that work.
There is an article from the Christian Science Monitor that refers to this problem. I would like to include that in the Record. There also is an article about a settlement that was reached with workers regarding the attempt by a major agricultural company to circumvent Department of Labor rules and also circumvent the H-2A program that resulted actually in a settlement of a very prominent lawsuit about a month ago. I would like to include that article from the Texas Rio Grande Legal Aid.
[From the Christian Science Monitor, Aug. 22, 2007]
U.S. Farmers Using Prison Labor
With tightening restrictions on migrant workers, some
farmers are turning to the incarcerated.
For labor-rights activists, federal immigration reform is
the only viable solution to worker shortages.
Marc Grossman, spokesman for the United Farm Workers of
America, says inmate labor undermines what unionized farm
workers have wanted for years: to be paid based on skill and
experience. ``It's rather insulting that the state [Arizona]
would look so poorly on farm workers that they would attempt
to use inmates,'' Grossman says. There is also the food-
safety aspect, he says: Experienced workers understand
sanitary harvesting.
``Agriculture does not have a reliable workforce, and the
answer does not lie with prison labor,'' says Paul Simonds of
the Western Growers Association, a trade association
representing California and Arizona. ``This just underscores
the need for legislation to be passed to provide a legal,
stable workforce.'' A prison lockdown would be disastrous, he
points out, with perishable crops awaiting harvest. Other
crops, like asparagus and broccoli, require skilled workers.
Although the ADC is considering innovative solutions--
including satellite prisons--to fulfill companies' requests
for inmate labor, prison officials agree that, in the end,
the demand is too high. ``To go into a state where
agriculture is worth $9.2 billion and expect to meet a
workforce need is impossible,'' says Katie Decker,
spokeswoman for ADC. At any given time only about 3,300
prisoners statewide (out of a prison population of about
37,000) are cleared to work outside.
ACI provides inmates to nine private agriculture companies
in Arizona, ranging from a hydroponics greenhouse tomato
plant to a green chile cannery. Unlike other sectors where
federal regulations require that inmate workers be paid a
prevailing wage and receive worker compensation, agriculture
companies can hire state inmates on a contract basis. They
must be paid a minimum of $2 per hour. Thirty percent of
their wages go to room and board in prison. The rest goes to
court-ordered restitution for victims, any child support, and
a mandatory savings account. Private companies are required
to pay for transportation from the prison to the worksite and
for prison guards.
For Reyna, his work on farms over the past couple of years
has added $9,000 in his savings account and given him a
renewed respect for his Mexican father's lifetime of stoop
labor.
At Dixon's farm, it's 103 degrees F. The inmate crews,
wearing orange jumpsuits, work in a rhythmic line, calling
out the number of the watermelons, and alongside the trailer.
Just a few yards away, Mexican workers also work in a line.
The inmates will quit at 4 p.m., while the immigrant laborers
may work 13-hour days. ``We go back, they stay out there,''
Reyna says. ``It really isn't the same.''
In the farm's office, watermelons line the counter, and
photos of migrant workers hang in dusty frames. When asked
why he doesn't sell the farm, Dixon says, ``the inmates, the
migrants, these people are part of the family--that's why I
keep this darn place.''
Dixon says he supports the idea of a reformed, guest-worker
program that would employ migrant workers during the harvest
and return them to Mexico in the winter. But until that
happens, he's willing to fight for the workers he's shared
the land with for most of his life.
``People are crossing the border because they are starving
to death,'' Dixon says, ``I don't care what their status is.
If they are hungry and thirsty, I am going to feed them.
``I could sell this and quit,'' he continues, ``But I
believe in supporting the American farming industry.''
[From the Texas RioGrande Legal Aid Press Center, Mar. 26, 2008]
Farmworkers Reach Settlement in Lawsuit Against Watermelon Grower
Eagle Pass, TX.--Twenty two Texas farmworkers have reached
a settlement with three Rio Grande Valley companies over a
lawsuit regarding the importation of more than 400 foreign
guestworkers into the United States between 2001 and 2007.
Represented by Texas RioGrande Legal Aid (TRLA), the
leading provider of legal aid in Texas, the workers claimed
that Nowell Borders, L.P., Hargill Harvesting & Packing,
Inc., Mata Trucking Company, and Martinez Packing Company,
upon advice of counsel, misused the U.S. visa program to hire
foreign labor and avoid providing housing, transportation,
and meals to workers. The companies applied for guestworker
visas using the H-2B program instead of the H-2A program
which would have required the recruitment of domestic workers
at higher wages.
``This settlement signifies a commitment on behalf of all
four companies to engage in fair employment practices and
respect the rights of American farmworkers,'' said TRLA
attorney Javier Riojas. The settlement also creates a
mechanism for resolving future disputes without resorting to
litigation.
John Flanigan, Executive Vice President for Hargill
Harvesting and Packing, Inc., states he was pleased with the
agreement that was reached and enjoyed working with TRLA to
resolve the dispute.
The companies compensated the workers for more than $60,000
in wages and agreed to modify their employment practices so
that U.S. workers are hired first and receive equal pay and
benefits compared to foreign workers. The companies also
agreed to use the H-2A guestworker program that provides more
benefits and protections for workers than the H-2B program.
Originally filed in October 2007, the lawsuit also targeted
the Department of Labor (DOL) for its failure to enforce the
regulations on the guestworker program. The case against DOL
is not part of the settlement and is still ongoing. See
Riojas, et al v. Chao, DR-07-CA-058, W.D. Tex., filed Oct. 9,
2007.
``The law guarantees that U.S. workers have certain
protections over foreign labor. The Department of Labor
looked the other way in this situation and the federal
government, of all entities, should be looking out for U.S.
workers the most,'' added TRLA attorney and Equal Justice
Works Fellow Jake Wedemeyer.
Established in 1970, Texas RioGrande Legal Aid, Inc. (TRLA)
is a nonprofit organization that provides free civil legal
services to low-income and disadvantaged clients in a 68-
country service area. TRLA's mission is to promote the
dignity, self-sufficiency, safety and stability of low-income
Texas residents by providing high-quality legal assistance
and related educational services.
If we keep in mind there are 4.2 billion pounds of watermelons grown in this country annually, we understand that this is a very important business. It is also, as my friend Representative Foxx points out, a matter that relates to nutrition and health; and let's face it, enjoyment. People love watermelon. While enjoying it, we need to keep in mind the people who are doing the work raising this tremendous fruit. Let's remember those workers and make sure that they have basic rights. Let's make sure that they can make a living and support their families. Let's
make sure that they live in conditions that are humane. In that way we can truly celebrate National Watermelon Month, not only for those consuming watermelons, but also those helping to grow and harvest those watermelons.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I thank the gentlelady and congratulate her on her service in the Congress and say how much I enjoy working with her.
Mr. Speaker, I yield back the balance of my time.
