A proposed labor regimen called the Farmworker Omnibus Bill has alarmed farm groups around New York state who say it would wreak havoc on the agricultural economy in the Empire State.
But supporters, among them top Democratic legislators and the governor, say the package is simply a bid to bring fairness to the farm fields by allowing workers a weekly day off, overtime pay and the right to form collective bargaining units. Â
The fate of the legislation is uncertain this year, given the fractious conditions existing in the state Senate, where two controversial Democrats have now caucused with Republicans, throwing apparent control of the body to the GOP and leaving the legislative schedule a shambles. But even if the bill comes to a vote this year, it is not guaranteed to pass the Senate in its current form.  Â
“Proponents of this bill have all the best of intentions, but this bill would hurt farm workers and farmers alike; it does not do what they intend it to do,” said state Sen. Darrel J. Aubertine, D-Watertown, chairman of the Senate”™s standing agriculture committee. “This legislation would be counterproductive and cost both farm workers and farmers their livelihood.”
The Farm Bureau has reacted strongly against the legislation, assembling bipartisan support in both the Assembly and the Senate to oppose the bill. The group said the bill would cost farmers an additional $200 million annually to comply with its provisions. Besides overtime, the bill also makes mandatory the payment of unemployment insurance for small farm employers, even for seasonal workers, requires disability insurance and allows for collective bargaining and union organizing. No other state, except California, which is by far the nation”™s leading agricultural producer, has such a comprehensive labor mandate on farms.
Farm Bureau spokesman Peter Gregg noted that the bills moved through the labor committees of the Senate and Assembly, as opposed to the agricultural committees, and said the prime sponsors in both houses were from New York City.
“That”™s one thing that upsets us, the two sponsors are from the city and we do not believe they ever set foot on a farm,” said Gregg. “We would encourage them to come visit a farm first, before they start passing a bill that would essentially ruin our industry.”
But the bill has strong backing in Democratic leadership circles and has passed the state Assembly. “Our agricultural workers have been denied the same rights as other laborers in the state, from fair pay and a day of rest to safe and sanitary working conditions, for far too long,” said Assembly Speaker Sheldon Silver, D-Manhattan, announcing passage of the bill in that chamber June 9. “We rely on these workers to keep our state”™s largest industry running and to bring food to our tables. They deserve equal rights under the law.”Â
The prime sponsor in the Senate is Sen. George Onorato of Queens. His chief of staff Janet Kash was asked about the Farm Bureau view that city-centered politicians do not know enough about farm life to write such far-reaching bills.
Kash said that Onorato believes that farm workers perform essential services for New York’s agricultural industry, working long, hard hours and being exposed to pesticides. She said the current hourly wage for farm workers in the field is $10.65 an hour and $9.92 for livestock workers and they have to cope with seasonal work, as opposed to year round employment.
She said the labor protections in the bill are simply those already afforded New York”™s other workers, such as workers’ compensation, disability coverage, a day of rest, overtime and unemployment insurance. The right to collective bargaining is also a “basic right” enjoyed by many other public and private employees in New York.
Gregg noted that Gov. Paterson supported the bill along with state Sen. Malcolm Smith, who was and may again be the Senate Majority leader. But he said “The ones trying to get it past seemed to have no regard or the upstate economy and what this bill would do for it.”?But Kash said bill sponsors are sensitive to the concerns of farmers and are looking to craft final legislation fair to all parties.
“We”™re looking at the bills, we”™re discussing them with interested parties, farmers, the farm workers bills, and a number of senators who are not on board,” said Kash. “And hopefully we”™ll be able to get some small expansion of farm workers rights this year.”Â
