Mar 19, 2010

Florida Tomato Growers Willing to Pay Pickers More

In a move to address wage and accountability issues for Florida tomato pickers, the Florida Tomato Growers Exchange (FTGE) has reversed a long-standing ban on wage increases for pickers through contributions from retail and restaurant service buyers.

FTGE announced a new program Feb. 16, which includes wage increases and grower accountability codes of conduct.

“We have had continued requests for accountability programs, and we are moving forward in response to those requests,” said Reggie Brown, executive vice president of FTGE.

Through the program, tomato buyers can work with growers to determine the sizes of wage increases that are passed along to the pickers, based on quantity purchased in a given week. A check for that amount, along with 15 percent for administrative, insurance and payroll expenses, is issued to the growers, with the wage increases deposited into an escrow account to be passed to the pickers.

The program also makes room for a new code of conduct, including a system allowing migrant and seasonal workers an outlet for worker complaints, as well as a new educational program for the workers to ensure they understand their rights associated with wages, hours and safe work environments.

Additionally, the growers and buyers agree to regular audits to ensure that the quantity of tomatoes purchased and supplemental wages are reported accurately and correctly passed to workers.

FTGE views the new program as a step forward for workers’ rights for tomato pickers, as well as for improved relationships between pickers and growers and growers and buyers.

“Florida’s tomato growers believe that fair wages, safe working conditions, education and improved housing are meaningful, long-term ways to help improve the lives of farm workers and their families, and we are proud to be part of this solution with our customers,” Brown said. “We are committed to this program, made possible through negotiations with our customers. It allows us to meet our own standards, our customers’ expectations and those of the customers and stakeholders.”

Not everyone is thrilled with the new program, especially the Coalition of Immokalee Workers (CIW), a grass-roots labor organization based in Immokalee.

“On the one hand, it shows just how far the Campaign for Fair Food has come. Two years ago, the Florida Tomato Growers Exchange testified before the U.S. Senate that the penny-per-pound raise was not just impossible, but illegal,” said Lucas Benitez, a CIW representative. “Today, they are embracing the program and calling it their own. But while a wage increase is important, it can’t be a license for continued labor abuse.”

CIW campaigned for years for a raise in pickers’ wages through the penny-per-pound program, where buyers agreed to pay an extra penny for every pound of tomatoes purchased. Taco Bell was the first buyer to accept the terms of the program, in 2005. McDonald’s, Burger King, Subway and Chipotle Mexican Grill are among the buyers that eventually followed.

But FTGE testified against the program, and many growers refused to comply with it.

“There are some very complex legal issues associated with schemes of that nature, and we are not associating with that scheme,” Brown said at the time.

FTGE formally rescinded the original ban last October, and released the new program in February.

That creates two programs within the state: One where buyers work with CIW to pay an extra penny for every pound of tomatoes purchased, with the increase passed to the workers; and a second through FTGE where buyers work with growers to determine the best wage increases based on product purchased. While the plans have similarities, Brown asserts the programs are not related.

“Our program doesn’t relate directly with the penny-per-pound program, which required that workers be paid for harvesting product for a specific buyer,” he said.

“Because of the structure of the tomato market, it is impossible to do that. We are not paid for three to four weeks after tomatoes are harvested.”

Growers have the option of choosing which program in which to participate.

CIW opposes FTGE’s new program, saying that it removes workers’ rights and places them completely in the hands of the growers, leaving the door open to abuse.

“The Campaign for Fair Food is comprised of two key elements: A penny-per-pound raise and a code of conduct based on worker participation. What the Florida Tomato Growers Exchange has done is to accept the raise, but to very carefully delete from our code any provision that creates an opportunity for workers to participate in the protection of their own rights,” Benitez said.

“A complaint system and worker education simply aren’t credible if they’re controlled by the growers. In the end, the growers’ code leaves the foxes squarely in charge of the henhouse. And sadly, Florida tomato growers have never demonstrated the ability to police themselves.”

CIW would like to work with FTGE and the growers to create a plan that would fully protect the rights of workers, viewing cooperation as the only way to fully protect those rights.

“The complaints keep coming in, including horrible allegations of sexual harassment and across-the-board minimum wage violations,” said Gerardo Reyes, also of CIW. “Quite simply, the stakes are too high to trust the Florida Tomato Growers Exchange to protect our rights as workers. We have to work together to get this done right.”