-Advocacy program offers education on rights, responsibilities for workers and employers-

OSOYOOS TIMES-June 2008-

By Paul EverestrnOsoyoos Times

When Roberto was working at a farm in Oliver through the Seasonal Agricultural Worker Program, a typical day for him would begin at 4 a.m. and consist of 14 hours of labour, sometimes in a packing house, sometimes picking or packing fruit on a farm, making a little more than $8 an hour.
He would get a half-hour for lunch, no breaks and would return home in the evening to share a trailer and a washroom with more than a dozen other men.
He often worked seven days a week, with only one day off every two weeks.
Although he is no longer working with the program, Roberto, a Mexican in his late 30s, is trying to get a work visa and so he did not want his real name used out of fear of punishment from his employer.
Roberto applied for the program, and worked within it for four years, under promises that he would be treated the same as any employee in this country.
Sometimes in the contract that you sign in Mexico, they say you have the same rights as Canadian workers, he said. But when you arrive, you don't have the rights.rnSituations and conditions similar to what Roberto describes were touched upon in a report released on June 18 by the Canadian Centre for Policy Alternatives and the B.C. Federation of Labour entitled Cultivating Farmworker Rights.
The authors of the study interviewed 28 immigrant workers and 25 migrant workers across the province and found that most were working long hours making minimum wage or less and lived in unsanitary conditions while facing a number of health and safety risks in their jobs.
And, according to the report, many felt they couldn't look for help out of fear of punishment from their employers.
Migrant and immigrant farm workers fear they will lose their jobs if they complain about their wages, hours or safety concerns, or even report injuries, a report summary reads. The farm labour contracting system imposes an unfair power imbalance on immigrant farm workers that coerces them into silence.rnManfred Freese, an Osoyoos vineyard owner and president of the B.C. Grape Growers Association, said that of course there are a few situations in the province where employers are mistreating their workers.
But for the most part, he said, immigrant and migrant workers in the South Okanagan area who are involved with the worker program are treated well and live in good conditions.
Many are given free transportation and some enjoy Internet access, Freese said.
Obviously if they weren't treated well, they wouldn't be back, he said.
Freese added that roughly 2,000 people were working through the program last year and only about five complaints were registered with the Western Agricultural Labour Initiative in the South Okanagan.
As for the report's findings on low wages, Freese said the workers are still making more money than if they were employed in Mexico.
Instead of making $20 a day that they might make in Mexico, here they're making $160, $170 depending, he said. And they wouldn't have their health care paid for either.rnPaying them more, he added, simply isn't economical for employers.
Are you going to be paying more for your apples and peaches too? You're still competing with foreign countries, Freese said. I'm not against a living wage for the workers, but on the other hand, there are some constraints and it's the market place.
Apple growers haven't been rolling in dough these last few years.rnAnd Freese said he did not know of any situations where employees were made to work against their wills.
Most of the workers are very happy to work 12 hours because what else are they going to be doing? he said.
Geody Leibel of Oliver, who works as a legal education co-ordinator with the South Okanagan Immigrant and Community Services program, disagrees with Freese's feelings on the matter.
I don't think anybody wants to work seven hours a day, 14 hours a week, she said, adding that many of the immigrant and migrant workers she has met with are often bored and lonely and have no means of communicating with their families back home.
I don't think it's right to say all they want to do is work.rnLeibel said the services program works to teach workers–in English, Hindi and Spanish– about their rights and offers legal advice and education on subjects such as filing proper tax documents.
The program also aims to educate employers about their responsibilities to workers.
She said she agrees with many recommendations outlined in the report, especially a call to reinstate monitoring bodies such as the Agricultural Compliance Team which performs random inspections at farms and allows workers to express concerns without fear of reprisal.
Leibel also said it's really important that municipal, provincial and federal governments find a way to work together to improve the situation of many of the province's workers who just want a chance to support themselves.
They're very grateful for the opportunity to come in the program, but they would like their rights to be respected, she said. We're all human beings.rnLeibel said the services program runs workshops throughout the summer working season and invites anyone looking for information on the rights and responsibilities of agricultural workers and employees to contact her at 250-498-4077 or by e-mail at [email][email protected][/email]rn[email protected]