I am pro-life: no one should die for cheap food

On June 7th I wrote about the death of Maria Jimenez, a 17 year old undocumented laborer, who died while tending vines in a field partially owned by wine bad boy, Fred Franzia of Two Buck Chuck fame. In spite of petitions and phone calls corporate giant Trader Joe’s refused to use their leverage to urge safer working conditions farmworkers.

The hot summer temperatures continue and to this date 6 farmworkers have died.

We eat the food that farmworkers suffer to put on our tables. No one should die so that we have cheap food.

An email, even if you live out of state, lets the California legislature know that the country is watching.

It only takes a second – please help. UFW Take Action

He’s Not Heavy, He’s An Illegal: farm worker safety debate

Summer marches on and in July’s triple digit heat 3 more farmworkers have died.

46-year-old Ramiro Carrillo passed away at his Selma, CA home after picking nectarines for about four hours in 112-degree heat at Sun Valley Packing. Two weeks ago 42-year-old Abdon Felix died after working in the fields at Sunview Vineyards near Delano, California. His body temperature was 108 degrees when he arrived at the hospital. Last month Jose Macarena, 64, collapsed in a field in Santa Barbara County and later died during a 110-degree day. How Many More Workers Will We Let Die in the Fields This Summer? ,Adriana Maestas, AlterNet, July 22, 2008.

In the debate that followed Maria Isabel Vasquez Jimenez’s death and the UFW’s attempt the persuade Trader Joe’s to use their leverage to promote increased safety for field workers, an ugly truth was revealed. Some Americans feel that death from heat exhaustion is just punishment for entering this county illegally to work for less than minimum wage.

It is the hatefulness of the debate, Trader Joe’s failure to speak out and rising death toll that moves me to revisit this issue – again.

On my Two Buck Death Chuck post Bailey Hankins wrote:

You mean Two Buck Chuck kills people who break into my country as well as tasting great? I’m going to go buy a whole case!

For Hankins the mere fact that an worker is undocumented means that they deserve to die, and he, or she, has no compunction about pronouncing the death sentence. I quote Hankins so that Trader Joe’s understands the larger implication of their failure to take a stand. Saying nothing sends a message to people like Hankins that the death of an undocumented laborer is an acceptable by product of cheap goods.

Leisa Williams commented on the same post, offering support for Trader Joe’s and condemnation masked as sympathy for Maria.

LHW

Why didn’t Maria’s co-workers keep an eye on her? Why didn’t she take water with her? People who work these outdoor jobs need to hydrate the night before and the morning of. She had to know this, so why didn’t she? It is very sad but all the blame cannot be pinned onto TJ’s or the wineries/vineyards.

Was she here and working legally?

Leisa’s remarks are representative of the great majority of the “it’s their own fault” comments placing blame on the workers while absolving those with the real power – the companies who control working conditions. Leisa thinks that that Maria “had to know” that outdoor workers need to “hydrate the night before and morning of.”

It is a good thing Leisa doesn’t work for CAL OHSA.

Leisa, hydrating the night before and the morning of does not protect you when you are laboring in in the sun in 90+ temperatures.

Just in case you ever have to work under such harsh conditions let me break down the scenario for you. You are picked up by a bus to be taken to a farm to work for the day. Since California law requires employers to provide water, you do not take water with you. Even if you could bring your own water, it would be difficult, if not impossible, to carry the approximately two plus gallons necessary to get you through the day, with you as you worked. And even if you had water, you also need shade to stay safe. Again carrying your two plus gallons of water and an umbrella is just not feasible given the speed with which you must work.

You get to the field at 6:00AM. You are not given a water break until 10:30 AM. The water is a ten minute walk away and the foreman won’t give you enough time to get there and back without yelling at you. According to CAL OSHA regs you should have been given a gallon of water* by this time.

You are already hot; everyone is hot. Your body temperature starts to rise maybe from 98.6 degrees to 100.6 degrees. Since no one has been given the required water, maybe everyone’s temperatures are rising just that little bit. Maybe, just maybe, everyone at this point is miserable and reduced to just trying to get through the day. Maybe they are afraid, of getting docked in pay, of the foreman’s anger or being kicked off the job.

The company and the foreman know what’s going on – they have to know by law the risk and symptoms of heat exhaustion. They’ve been cited before. They know that they are breaking the law putting you and all the other workers at risk when they don’t provide shade and water.

They know and don’t care.

But you don’t know you’re in danger – the symptoms of heat exhaustion are painless. You know what painless means don’t you Leisa? It means you can be getting sick and not even realize it until it is too late.

Heat stress is a buildup of body heat generated either internally by muscle use or externally by the environment. Heat exhaustion and heat stroke result when the body is overwhelmed by heat. As the heat increases, body temperature and the heart rate rise painlessly. An increase in body temperature of two degrees Fahrenheit can affect mental functioning. A five degree Fahrenheit increase can result in serious illness or death. Emphasis added. National Ag Safety Database, Heat

By now all the workers are affected to some degree by the heat. Maybe they’re not thinking as clearly as they should be as they are try to keep up with the crew. Meanwhile your temperature is rising, maybe because you are more vulnerable because of age or health conditions. You’re confused but you keep working, soon your body temperature reaches 103.6.

You collapse.

At this point the foreman puts you in a hot van where your temperature continues to rise. It has been 9 hours since you, and your co-workers, have been in the heat without adequate water and shade. Your co-workers don’t have cars; they, just like you, are totally at the mercy of the company.

After an hour, the end of the work day, the foreman gets you to a clinic. By this time you are unresponsive and your temperature is 108 degrees. Your heart stops 6 times. You never wake up.

Now you tell me Leisa, does it matter whether you are an undocumented worker? Do we judge whether you deserve water and shade and basic human kindness based your immigration status?

I think not.

The hard reality is that undocumented laborers are here in this country to meet a need. Without undocumented workers crops would rot in the fields. The Department of Agriculture estimates that over 50% of field workers are undocumented – it has been this way for a long time. We must deal with the issue in a way that respects our shared humanity.

By the way Leisa, the straw company that hired Maria has been shut down for breaking the law. They knew that Lisa was underage, they knew they weren’t providing water and shade as required, and even after Maria died they kept on doing it.

No one is suggesting that Trader Joe’s is at fault – what the UFW and people of conscience are asking is that Trader Joe’s use its leverage to push for safer working conditions.

As for the company and vineyards – in my view they are at fault. They may try to hide behind labor contractors but they must know what is going on in their fields.

*California law heat regulations require that employers provide:

1. SHADE for workers during rest breaks who are trying to prevent heat illness or recover from it:

2. PAID RECOVERY PERIODS: Workers feeling the effect of heat must have access to a shaded area for no less than five minutes (and as long as they need) as many times in the day as they need it. If the worker is unable to
work because of the heat, the employer can send the worker home for care.

3. DRINKING WATER: One quart per employee per hour for the entire work shift.

4. TRAINING: For supervisors and workers. Must include symptoms of heat illness, how to evaluate and control them, the importance of drinking water, and procedures for providing emergency medical services.

More information:

The Immigration Debate NPR

Mexican-Origin Population in California: Health Fact Sheet

UFW – California Heat Regulations

Who Is Trader Joe’s

When you walk into a Trader Joe’s past the beautiful cut flowers and shelves full of artisan breads back to the small sample area staffed by a friendly employee dressed in jeans and a Hawaiian shirt you feel like you are walking into your neighborhood grocer. Employees are all kind of laid back, everyone seems at home and, if you are a regular, chances are they know your name. It’s just that kind of a place.

On the surface, that is.

Truth is Trader Joe’s is big business for a trust owned by by mega discount chain Aldi’s co-founder Theo Albrecht, Sr.

“Aldi has its roots in Germany and operates 7,500 stores internationally in a dozen countries. The first U.S. store opened in 1976. Aldi has annual U.S. sales of about $5 billion, according to business research company Hoovers.”

Albrecht bought Trader Joe’s in 1979 when it was a small California specialty grocery store chain. It was a very good investment for Albrecht. In 2004 sales “were estimated [at] $2.1 billion, or $1,132 per square foot, twice that of traditional supermarkets, according to the Food Institute, a nonprofit research group in Elmwood Park, N.J.

Trader Joe’s magic is a combination of its low prices and “feel good” atmosphere – plus, in the words of one consultant, “they have no competition.”

Via Business Week Online

Giving Joe and the Albrecht Family Trust their due, it must be said that Trader Joe’s is known for treating its employees better than the average grocery chain. This fact makes their reluctance to use their leverage to make a statement urging better conditions for farmworkers all the more difficult to swallow.

What do you say Joe? Are you going to do the right thing?

Trader Joe’s Disappoints

Trader Joe’s responded to my outrage that Two Buck Chuck was not pulled from the shelves with a carefully worded email asserting that their hands are clean because an independent contractor (Merced Farm Laborers) employed Maria and that the vineyard (West Coast Grape Farming) where Maria collapsed was owned by a company that made wines other than Two Buck Chuck.

Whoa – I did my homework here Joe and you are dancing around the truth. There is more to the story here than meets the eye and you must be aware of it.

Remember all the hoopla and media you got after you made the deal with Bronco giving you exclusive rights to distribute Two Buck Chuck. You knew Bronco had the power and ability to deliver the volume (10 million cases in the first two years alone) to meet your demand.

Let me break it down.

The Players:

Bronco Wineries – “Bronco is best known as the company behind Charles Shaw, nicknamed “Two-Buck Chuck.” Bronco created a stir in the wine industry in early 2003 by selling its Charles Shaw brand for $1.99 in Trader Joe’s Company locations and has sold more than 10 million cases during the last two years.”

Fred Franzia, called the Scourge of Napa Valley, is the head of Bronco. At Bronco’s 30th anniversary celebration Franzia boasted that “he and his family own 30,000 acres of California vineyards in 11 counties, the largest ownership of vines in the state.”

Charles Shaw is Bronco’s leading label; other labels sold by Bronco include “ForestVille Vineyard, Montpellier Vineyard, Hacienda Wine Cellars, Napa Ridge, Forest Glen, Estrella, Napa Ridge, Sea Ridge, Coastal Ridge, Silver Ridge and on-premise brands like Salmon Creek and Domaine Napa, … and a new super-value wine for independent grocers, Crane Lake.” via winebusiness.com

West Coast Grape Farming Inc. – owner of the the vineyard Maria was working in at the time of her collapse. A public relations spokesman for the vineyard, stated that the vineyard was “partially owned by some of the owners of Bronco Wine … but not the wine company itself …”

Other reports state that West Coast Grape Farming is a Subsidiary of Bronco. A search of California Business Records reveals that Fred Franzia is the agent for service of process for West Coast – i.e. he is the one who accepts service of lawsuits and other official papers for the company.


Corporation
WEST COAST GRAPE FARMING, INC.
Number: C1604050 Date Filed: 12/30/1987 Status: active
Jurisdiction: California
Address
6342 BYSTRUM RD
CERES, CA 95307
Agent for Service of Process
FRED T FRANZIA
6342 BYSTRUM RD
CERES, CA 95307

Bottom line – one or more of the owners of Bronco are making money from the vineyard where Maria died.

Merced Farm Labor is an independent contractor hired by West Coast Grape Farming Inc. to provide field workers.

So get a clear picture here about the kind of power we are talking about. Bronco Wine, the 4th largest wine producer in the United States, is owned by Fred Franzia and his family. The Franzia’s control the largest number of vines in the State of California. The top label of Bronco Wine is Two Buck Chuck.

Let’s do the math. Trader Joe’s is the sole supplier of the top label of the 4th largest wine producer in the Unites States. Since Bronco, the Franzia Famiy and Trader Joe’s inked their deal six years ago “more than 360 million bottles of Charles Shaw wines have been produced” – at two bucks a pop that is 720 million dollars of leverage.

Are you getting a sense of why Trader Joe’s has power, and responsibility, to take action to promote worker safety?

While Trader Joe’s is technically correct when they say that West Coast Farming Inc. supplies grapes for many wines, it appears that all those wines are related in some measure to Bronco Wineries and Fred Franzia. Their statement that “The company employing the young farm worker has no more of a relation to Trader Joe’s than they do to any other wine retailer or restaurant” is disingenuous and a slap in the face to “the underpaid and overeducated’ shoppers Trader Joe courts.”

Maria Vasquez died in service to numerous entities responsible for producing a cheap bottle of wine that has become synonymous with Trader Joe’s.

Shame on you Joe for not doing anything.

How you can help:

Contact your local Trader Joe’s -tell them you won’t buy “Two Buck Chuck” until they take action to insure their vendors are complying with the law.

Send a fax to Trader Joe’s corporate offices from the United Farm Workers campaign site.

Call Trader Joe’s at 626-599-3817 (West Coast) and 781-455-7319 (East Coast) and ask the grocery chain to implement a corporate policy to ensure that its suppliers are not violating the law by failing to provide basic protections such as cold water, shade and clean bathrooms for farm workers.

Call or fax West Coast Grape Farming to demand they take the necessary steps to protect workers hired by their independent contractors. Contact either Safety Director Debbie Barry, and/or Fred Franzia, partial owner, 6342 Bystrum Rd. Ceres, CA 95307 phone: 209-538-3131/fax: 209-538-4634.

UPDATE Two Buck Death Chuck

Trader Joe’s June 25th response

On June 16th I submitted an email to Trader Joe’s through their website. I created this post on June 23rd – that same day a review of my stat counter revealed a visit from Trader Joe’s Company in California. Today I received an email response to my question on why Two Buck Chuck was not pulled from the shelves:

The unfortunate and tragic death of Maria Jimenez highlights issues and concerns facing all agricultural industries across America.

Maria Jimenez was employed by an independent contractor, working in an independent vineyard. The vineyard supplies many wineries, but was not supplying grapes for Charles Shaw.

The media has not correctly presented the details of the matter.

The company employing the young farm worker has no more of a relation to Trader Joe’s than they do to any other wine retailer or restaurant.

Our vendors have a strong record of providing safe and healthy work environments and we are currently making certain that our vendors are meeting government standards throughout all aspects of their businesses.

Thank you for sharing your concerns.

Kellye
Customer Relations

Also of interest: Uncle of Girl Who Died From Heatstroke Is Fired

Attention to farm safety is overdue

Family of teen who died in vineyard sues field owner, labor contractor

Heat Kills Cropworkers at Rate 20 Times Higher Than Others

Two Buck Death Chuck – Trader Joe’s is Silent

I blogged about the tragic death of 17-year-old Maria Isabel Vasquez Jimenez who died while laboring in a Stockton area vineyard in 100 plus degree heat. According to a Wednesday AP story, the San Joaquin County Coroner has officially confirmed that Maria died of heat stroke. Maria had been working 8 hours in the blistering heat without shade or sufficient water. The closest water supply was a 10 minute walk away.

According to worker charges filed with Cal OSHA, the land owner where Maria suffered heat stroke continues to utilize labor contractors that don’t abide by the law. And Friday, a month after Maria’s passing, another charge was filed for lack of water and shade at one of the company’s locations.

Last week Cal OSHA closed down Merced and Solis Farm Labor after investigation into Maria’s death revealed ongoing violations.

Because Maria worked for a labor contractor, she most likely never knew she was part of the production team for Bronco Winery who is better known for Charles Shaw wines–commonly called “Two-Buck Chuck.” This best selling wine is available exclusively at Trader Joe’s stores. According to Trader Joe’s web site, “these super-value wines began as the result of an oversupply of wine and a great relationship with a valued supplier.”

Help us ask Trader Joe’s to use their “great relationship” to protect the workers who labor to pick the crop. Ask Trader Joe’s to implement a corporate policy to ensure that their suppliers are not violating the law by failing to provide farm workers with basic protections such as cold water, shade and clean bathrooms.

Requests of this type are not new to Trader Joe’s. Back in 2005 after the Humane Society and customers expressed concerns, Trader Joe’s agreed to sell only cage free eggs under the company’s label. We commend Trader Joe’s for this corporate responsibility and ask them to do the same for farm workers.

After all isn’t the life of a farm worker as important as the life of a chicken?

Photo credit Sacbee.com

I left a message on Trader Joe’s website last week – I have not received any reply or acknowledgment. I asked staff at the Eton Trader Joe’s what they thought of the situation and I was incredulous when they said they hadn’t heard anything about it.

Please take action.
http://www.ufwaction.org/campaign/2buckchuck?rk=T7BE6j5qJcVxW

some content via email from United Farm Workers

There Is A Reason It Is Two Buck Chuck – UPDATE

CAL-OSHA shut down Merced Farm Labor and Solis Farm Labor, both employers at the Farmington vineyard where 17 year old Maria Vasquez’s collapsed, after investigation revealed that both continued to hire and place workers in unsafe conditions after Vasquez’s death from heat exhaustion.

Maria died on May 16th after collapsing 2 days earlier while tending vines for Merced Farm Labor, makers of Charles Shaw wine aka “Two Buck Chuck ” marketed by Trader Joe’s. She had been working 8 hours in the blistering heat without shade or sufficient water. The closest water supply was a 10 minute walk away and workers were not permitted a long enough break to get to the water source.

When I asked whether Two Buck Chuck was going to be pulled from the shelves my local Trader Joe’s said that were not aware of Maria’s story.

Write Trader Joe’s and demand that Two Buck Chuck be pulled from the shelves.

There Is A Reason It Is Two Buck Chuck

Most of us are blissfully unaware of the human cost of what we consume – whether it be cheap food, cheap clothing or cheap wine.

I am guilty of it too – right now a bottle of Two Buck Chuck sits on my counter.

Knowing what I do today though, I don’t think I will be able to drink it.

Photo Credits Sacbee.com

On May 16th 17 year old illegal immigrant Maria Isabel Vasquez Jimenez died. She had collapsed 2 days earlier after working 8 HOURS in the blistering heat tending vines for Merced Farm Labor, makers of Charles Shaw wine aka “Two Buck Chuck ” marketed by Trader Joe’s.

Vasquez Jimenez’s fiancé, Florentino Bautista, who was working with her, said temperatures reached more than 95 degrees on the day she collapsed. Workers had no shade, he said, no break long enough to go get water,* and no training to cope with heat.

He said it took 90 minutes to get Vasquez Jimenez to a clinic after she fell to the dirt in the field and that a foreman told him to tell clinic workers she became ill while exercising, not working.

Merced, not surprisingly, provides a different story and blames the delay in getting to the hospital on Bautista, however, it is not disputed that Maria was in a coma with a temperature of 108° when she was admitted. She was also 2 months pregnant.

Merced has been cited previously for failing to protect their workers. Cal-OSHA records reveal that Merced was cited in 2006 for “failing to provide employees with training to avoid heat stress” and “for not having an injury-prevention plan for its workers or enough toilets for them to use …” via The Modesto Bee

Governor Arnold Schwarzenegger, a strong proponent of California’s heat laws – the strongest in the nation, attended Maria’s funeral and called her death “preventable.”

*Workers had no shade and were not permitted to take a long enough break to get to the nearest water cooler, a 10-minute walk away.

More information: NPR

Wikipepdia entry – Bronco Wines, including reference to Maria’s death.

TAKE ACTION

United Farm Workers has a page where you can write a condolence note to Maria’s family.

American’s Friends Service League