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We Made Them Rich and They Called Us Criminals

Companies exploit undocumented workers, and then claim that sanctions require them to fire them when it's convenient.
June 23, 2009  |  
 
 
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Vernon, California - The production lines at Overhill Farms move very quickly. Every day, for 18 years, Bohemia Agustiano stood in front of the "banda" for eight or nine hours, putting pieces of frozen chicken, rice and vegetables onto plates as they passed in a blur before her. Making the same motions over and over for such a long time, her feet in one place on the concrete floor, had its price. Pains began shooting through her hands and wrists, up her arms to her shoulders.

Complaining also had a price, however. "I was reluctant to say anything because of my need," she says. "I have four children. So I preferred to stay hurt, and take pills for it, than to go out on disability." Finally, though, it got too much. She couldn't sleep without pain constantly waking her, and she was moving through a haze of exhaustion. So, she went to the company doctor.

"He said my nerves were inflamed, and sent me to therapy," she recalls. "I know I have repetitive stress syndrome, but I asked him not to put me on restricted duty, because I knew the company would just send me home. There is no easy work in production. But he put me on restrictions anyway, and that's what happened. It didn't change anything, and eventually I had to go back to my job. It still hurts to work."

It might seem hard to understand that a job like this is worth trying to keep. But being out of work is worse. So every day, Agustiano and 253 others are out in front of Overhill Farms' two plants on East Vernon Avenue, in an industrial enclave in southeast Los Angeles, trying to fight their way back onto those speeding production lines.

The company says Agustiano's Social Security number is no good. That accusation, and the mass firings based on it, has put these 254 workers, mostly women, at the epicenter of the national debate over the nation's immigration laws. Overhill Farms and the advocates of immigration enforcement in the workplace claim the workers shouldn't be at work at all. Hiring people without legal immigration status is a crime, they say, and those suspected of the lack of such status should be fired.

"But I believe we have a right to work," responds Erlinda Silerio, another fired Overhill Farms employee. "I work very hard, and I pay taxes. I came here, not to cause harm to anyone, but to feed my family."

As the immigration debate grows sharper, unions and immigrant rights advocates across the country have to choose between Agustiano, Silerio and the other workers on one hand, and the company and the government on the other. Should they defend these workers or stand to one side as they're swept out of the factory onto the unemployment lines?

Overhill Farms, with over 800 employees, was audited by the Internal Revenue Service earlier this year. According to John Grant, packinghouse division director for Local 770 of the United Food and Commercial Workers, the IRS was looking at the company's books for 2006-7. "They found discrepancies in the Social Security numbers of many workers," he says. "Overhill then sent a letter on April 6 to 254 people, giving them 30 days to reconcile their numbers with Social Security. They are all members of our union."

After the workers got the letters, they organized a protest in front of the plant on May 1. Then, instead of getting 30 more days on the job, on May 2 the company stopped the lines. "They accused four people of terrorism," Silerio says. "They said they'd hurt the product." Another worker, Isela Hernandez, recalls that "they told us there would be no work until they called us to come back." For 254 people that call never came. The company terminated their employment.

The fired employees contacted the Hermandad Mexicana Latinoamericana, a Los Angeles immigrant rights organization. Hermandad President Nativo Lopez helped them mount the demonstrations that have taken place in front of the factory ever since.

According to Alex Auerbach, spokesperson for Overhill Farms, "the company was required by federal law to terminate these employees because they had invalid Social Security numbers. To do otherwise would have exposed both the employees and the company to criminal and civil prosecution." Auerbach says the company had no choice in the matter. "The company did not have any role in selecting which employees were subject to IRS action - it could not add or subtract fro? the list provided by the IRS," he alleges. "Overhill Farms had no role in initiating this action, and certainly did not benefit from it."

"We asked to see the IRS letter or any other documents related to this," Grant responds. "We've never heard of the IRS demanding the termination of a worker. They never showed us any letter. The company doesn't have to terminate these people. No document we know of says they do."

In addition, a few of the workers actually had shown the company valid Social Security cards. A year ago Lucia Vasquez, who'd worked at the plant in quality control for five years, changed her name and Social Security number when she regularized her immigration status. "I went to the human resources department," she remembers. "They took the new information and said there was no problem. The company changed the number and name they had on file, gave me credit for the time I'd been working there, and began paying me in the new name and number."


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David Bacon is the author of several books, the most recent of which is Illegal People: How Globalization Creates Migration and Criminalizes Immigrants.
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Comments are closed-

Employers need to be punished
Posted by: Mrs. Jefferson on Jun 23, 2009 6:09 AM   
Current rating: 5    [1 = poor; 5 = excellent]
For this type of lawlessness. Republicans and Democrats lack the will to pass and enforce the laws. Immigration and Social Security laws are there for a reason.

Every election they ignore our complaints and outrage over illegals. Why is that? Corporations profiteering is more important? They get to abuse workers. Sounds like 100 years ago?

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]


Comments are closed-

unfreeinus
Posted by: losingmyliberties on Jun 23, 2009 6:48 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
I'm tired of hearing about these law breakers that feel they deserve more then people that follow the rules. Until the laws are enforced on both the business's and the (illegals) thing well only get worse. Have you seen any improvement since 1986 when 2.5 million were give amnesty, now they are 12 to 20 million more demanding the same.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]


Comments are closed-

The management of these companies need to be arrested, not the employees
Posted by: texsocalist on Jun 23, 2009 2:18 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
I get real tired of hearing stupid comments about how these workers are criminals, while the companies get a free pass to destroy our economy and theirs as well..I worked in this industry back in the early 80's after I graduated from H.S. with a 2 yr degree from a technical collage in tool and die making( thru a work study program) and refused to cross a picket line and take someones job at every company that was hiring at that sad time in our history. The pay back then was still good in the meat packing industry, and jobs were available because it was hard, dangerous work. But I have nothing against that if the compensation is enough to support your family. 3 yrs later when the union tried to organize the companies processed meat division I was out as the company responded aggressively to remove the union completely,provoking a bloody strike where lives were lost to violence on the picket lines. Since then, this company and others like it have pretty much bought up most union companies and instituted a hard line on wages and benefits. Almost 20 years later, after a long stint with a european owned company, with outstanding benefits and lots of educational support I was again looking for work. I took a supervisory position at a processed food manufacturer that lasted less than 2 months after butting heads with management. I could not adjust to how far industry policies and compensation has fallen. The non-union employees I was to supervise were paid less than I was at an entry level labor job in a meat plant 20 years earlier when my rent on a 2 bdrm apt was 1/3 market rate now. They were treated like dogs (my refusal to do so was my biggest problem here) The company managed to escape paying overtime, providing safety gear or clothes and managed to run these lines with minimal training and zero communication as no one knew english. Worse yet, I got no respect or cooperation when I tried to treat the workers decently and rotate them off repetitively stressful spots on the line. They had their own system and supervisors were just there to "crack the whip". Since then I've come to realize that this is the Industry now. The companies say that Americans won't do these jobs. Well no shit. Not for that money or under those conditions. I know for a fact those conditions and pay arent necessary to run that type of plant. It's a result of sheer greed. Americans woul do any job if the plant was run humanely and paid a living wage. These companies are exploiting the desperation of these immigrants to feed their families. Something anyone with a family must respect. The global economy is rotten, exploitive and destructive and its high time all workers stood up and we supported them.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]


Comments are closed-

And another thing to think about...
Posted by: texsocalist on Jun 23, 2009 2:50 PM   
Current rating: 5    [1 = poor; 5 = excellent]
These lunkhead conservative politicians keep trying to scare us by pointing at Europe. Either they are ignorant or dishonest. They own an awful lot of our countries industry. We are their Mexicans. Unlike us, they take their tax revenue and instead of handing it all to a couple hundred billionaires, conglomerates and defense contractors. They provide health care to everyone so companies don't have to. They educate their citizens so their workforce is adaptable and skilled. They limit the hours employees work so there is little unemployment, parents can actually participate in their childrens lives, so schools don't have to raise their kids, and they don't all end up in prison. They have the time off and the money to actually take vacations, so their general physical and mental health is better and seldom do they take an ak-47 to work and kill people. Boy, what a horrible system! We better listen to John Boehner so we don't all end up like that.And don't tell me that their system doesn't work Its not bullshit, I've seen it thru exchange programs at the company I worked for. This has probably been stopped since then. I remember how jealous we American workers got when we saw how much more they made and how much less they worked and how little time off we got. Of course a couple billionaires won't have 2 yacht instead of just one, and maybe have to limit the square footage of their mansions to 500,000 sq ft but we are becoming a grotesquely lopsided joke of a country that in case you haven't noticed is collapsing under the weight of all this greed and stupidity.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]


Comments are closed-

a few of the workers actually had shown the company valid Social Security cards
Posted by: DAD77 on Jun 24, 2009 5:02 PM   
Current rating: 5    [1 = poor; 5 = excellent]
Wow, when this line shows up in the article to support the righteousness of their plight, you know integrity and ethics aren't what they used to be.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

Alternet Comments:

Comments are closed-

Employers need to be punished
Posted by: Mrs. Jefferson on Jun 23, 2009 6:09 AM   
Current rating: 5    [1 = poor; 5 = excellent]
For this type of lawlessness. Republicans and Democrats lack the will to pass and enforce the laws. Immigration and Social Security laws are there for a reason.

Every election they ignore our complaints and outrage over illegals. Why is that? Corporations profiteering is more important? They get to abuse workers. Sounds like 100 years ago?

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]


Comments are closed-

unfreeinus
Posted by: losingmyliberties on Jun 23, 2009 6:48 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
I'm tired of hearing about these law breakers that feel they deserve more then people that follow the rules. Until the laws are enforced on both the business's and the (illegals) thing well only get worse. Have you seen any improvement since 1986 when 2.5 million were give amnesty, now they are 12 to 20 million more demanding the same.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]


Comments are closed-

The management of these companies need to be arrested, not the employees
Posted by: texsocalist on Jun 23, 2009 2:18 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
I get real tired of hearing stupid comments about how these workers are criminals, while the companies get a free pass to destroy our economy and theirs as well..I worked in this industry back in the early 80's after I graduated from H.S. with a 2 yr degree from a technical collage in tool and die making( thru a work study program) and refused to cross a picket line and take someones job at every company that was hiring at that sad time in our history. The pay back then was still good in the meat packing industry, and jobs were available because it was hard, dangerous work. But I have nothing against that if the compensation is enough to support your family. 3 yrs later when the union tried to organize the companies processed meat division I was out as the company responded aggressively to remove the union completely,provoking a bloody strike where lives were lost to violence on the picket lines. Since then, this company and others like it have pretty much bought up most union companies and instituted a hard line on wages and benefits. Almost 20 years later, after a long stint with a european owned company, with outstanding benefits and lots of educational support I was again looking for work. I took a supervisory position at a processed food manufacturer that lasted less than 2 months after butting heads with management. I could not adjust to how far industry policies and compensation has fallen. The non-union employees I was to supervise were paid less than I was at an entry level labor job in a meat plant 20 years earlier when my rent on a 2 bdrm apt was 1/3 market rate now. They were treated like dogs (my refusal to do so was my biggest problem here) The company managed to escape paying overtime, providing safety gear or clothes and managed to run these lines with minimal training and zero communication as no one knew english. Worse yet, I got no respect or cooperation when I tried to treat the workers decently and rotate them off repetitively stressful spots on the line. They had their own system and supervisors were just there to "crack the whip". Since then I've come to realize that this is the Industry now. The companies say that Americans won't do these jobs. Well no shit. Not for that money or under those conditions. I know for a fact those conditions and pay arent necessary to run that type of plant. It's a result of sheer greed. Americans woul do any job if the plant was run humanely and paid a living wage. These companies are exploiting the desperation of these immigrants to feed their families. Something anyone with a family must respect. The global economy is rotten, exploitive and destructive and its high time all workers stood up and we supported them.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]


Comments are closed-

And another thing to think about...
Posted by: texsocalist on Jun 23, 2009 2:50 PM   
Current rating: 5    [1 = poor; 5 = excellent]
These lunkhead conservative politicians keep trying to scare us by pointing at Europe. Either they are ignorant or dishonest. They own an awful lot of our countries industry. We are their Mexicans. Unlike us, they take their tax revenue and instead of handing it all to a couple hundred billionaires, conglomerates and defense contractors. They provide health care to everyone so companies don't have to. They educate their citizens so their workforce is adaptable and skilled. They limit the hours employees work so there is little unemployment, parents can actually participate in their childrens lives, so schools don't have to raise their kids, and they don't all end up in prison. They have the time off and the money to actually take vacations, so their general physical and mental health is better and seldom do they take an ak-47 to work and kill people. Boy, what a horrible system! We better listen to John Boehner so we don't all end up like that.And don't tell me that their system doesn't work Its not bullshit, I've seen it thru exchange programs at the company I worked for. This has probably been stopped since then. I remember how jealous we American workers got when we saw how much more they made and how much less they worked and how little time off we got. Of course a couple billionaires won't have 2 yacht instead of just one, and maybe have to limit the square footage of their mansions to 500,000 sq ft but we are becoming a grotesquely lopsided joke of a country that in case you haven't noticed is collapsing under the weight of all this greed and stupidity.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]


Comments are closed-

a few of the workers actually had shown the company valid Social Security cards
Posted by: DAD77 on Jun 24, 2009 5:02 PM   
Current rating: 5    [1 = poor; 5 = excellent]
Wow, when this line shows up in the article to support the righteousness of their plight, you know integrity and ethics aren't what they used to be.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

 
 
 
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