AUGUSTA, Maine — Maine’s House of Representatives has passed a bill last week that eliminates the right of workers at the former DeCoster egg farms to unionize.

The bill passed 73-69 along party lines Tuesday, with Republicans in support and Democrats opposed. It still faces more votes in the House and Senate.

The bill eliminates collective bargaining rights for workers at the farms formerly operated by DeCoster Egg Farms. A division of Minnesota-based Lake O’Lakes Inc. has taken over the farms under a lease-purchase agreement.

Republican Rep. Dale Crafts said no other farm workers in Maine or in the U.S. other than one county in California have the right to unionize.

Democrats argued that the former DeCoster farms have a history of workplace violations in Maine and that the bill guts workers’ rights.

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72 Comments

  1. This is a mighty narrow focused law isn’t it ? 

    “Republican Rep. Dale Crafts said no other farm workers in Maine or in the U.S. other than one county in California have the right to unionize. ” 

    So if the DeCosta plants are “farms” do the hens get to move around the farmyard ?

  2. Here comes that “congress by out of state special interests” again.  
    I’m sure our “people before politics” governor will veto this if the senate is so foolish as to allow this to actually become law.  

  3. IF the government is concerned with food safety, then supporting unionization of farmworkers should not be opposed.  Large-scale farm and agricultural workers most often work and live in unsanitary conditions.  It doesn’t have to be the UFW, but there must be worker protection if large-scale agriculture is to be conducted safely from the growing to the worker, to distribution methods.

    1. Greenhouse operations in Maine are exempt from paying their workers overtime. At least one very large operation in our area requires it’s employees to work more than 40 hours per week and is not required to pay time and a half. The statute goes back to  protecting the “small family farm” from paying the help extra during the few busy weeks; but it applies to the large operations that heavily advertise on local TV who could and should be paying it as well.

    2. The government is not concerned about food safety, just Big Agi profits. 

      If they cared about it why are 1 in 3 kids allergic to the frankenfood that they “produce” now ? 
      What they make is not safe food anymore, that is why it is banned in nations
      that care about lowering health care costs.  

      Click on the Ted Talk embedded here ;  http://www.robynobrien.com/

  4. That “Open for Business” sign ought to read “Open for more out of state labor willing to work for bairly sustanance wages.” 

    1.  Oh I do not think they get sustenance wages, aka a living wage. Did you see what the DeCosta workers were housed in? Would anyone live like that if they could afford their own living quarters? Nope they are paid far less to keep them on the farm.

  5. State Representative Jeff Timberlake owns and operates the Ricker Hill Orchards.  If the Representative is in favor of abandoning workers to the whims of profit-making, then this is one family that will no longer enjoy those products.

    Representative Timberlake serves on the Committee on Agriculture, Conservation and Forestry.

    1.  Ricker also hires foreign (Jamaican) workers for their harvests of apples and cranberries so they don’t have to pay a good wage for AMERICAN workers. Do you know what the limit of overtime hours are for farm workers? I could not find it listed but farm workers do not get time and 1/2 after 40 hours and can be forced to work long hours. Farm workers need to be able to unionize…………………

      Overtime

      Limits on Mandatory Overtime

      An employer may not require an employee to work more than 80
      hours of overtime in any consecutive two-week period. There are
      exceptions, such as emergency, essential services and salaried exempt
      employees; agricultural workers and others.

      A nurse who has worked 12 mandatory hours may not be disciplined
      for refusing to work additional hours and must be allowed at least 10
      hours off following any such period. (There are exceptions to this law.)

      Then there is this little tidbit

      Most of the wage laws do not apply to agriculture.

      http://www.maine.gov/labor/labor_laws/publications/employeerightsguide.html#Wages

      1. That an employer can “require” wokers to work more than 80 hours of overtime in a two-week period is an outrage.  So, if an employee cannot work 160 hours per week, he or she could be fired.  I want to see the jobs where this law applies, but this is a statute that must be changed.   No human could safely work 80 hours overtime – that is over the 40 and be able to work safely.  http://www.mainelegislature.org/legis/statutes/26/title26sec603.html

        1. The worst part is they don’t get time and half after their 40 hours agri work is straight time, as far as I know, unless someone has some different info with the laws. And don’t forget that MOST wage laws DO NOT apply to farm workers, so 80 hours overtime could be on the low side.

    2. Thank you for sharing that info. I too will boycott Ricker Hill products. In fact I think I will send him an email saying that has been suggested. For anyone else wishing to make their objections known:
      jtimberlake_us@yahoo.com . Won’t be buying Land o’ Lakes either.
      It is my theory that people in business get themselves elected so they can protect their own interests. It is self service, not public service that too many are motivated by.

      1. Please be aware that I said that “if” Timberlake supports the bill.  I do not know for certain as yet.  It looks to me that there was an irregularity yesterday in the reading of the bill that caused Senator Rector to object, requiring the second reading today.  Too, discovering just who is on first, so to speak, with legislative matters is quite difficult for those who are not directly in the chambers to understand.

        The story is worth posting with those kinds of facts, but as it is, it seems rather meant to incite rather than educate, giving the sense that the only issue is whether or not people post political party comments.  (In this, it seems that whatever comment is first, is then ‘popular’, gaining more ‘votes’, and probably drowning out the newer comments.  It would be amusing ot see what would happen if the order was changed).   

        I haven’t purchased Land o’Lakes products for a very long time due to concerns about whether milk was antibiotic free, and then bovine growth hormone free.  I do not know if that policy has changed.  Note, too, that Moark, who may or may not get the run of the egg farm, is a distinct unit, and, even if Land o’Lakes has instituted policies that prohibit the presence of antibiotics and growth hormone in the milk from participating farmers, I do not know if those policies will extend to Moark.  Land o’Lakes claims to have healthy eggs, but that needs to be thoroughly researched, and not taken as law from reading their website. 

        Back to Ricker Hill — people who work digging clams, fishing, etc., are not people who are unwilling to do severely hard labor, and importing people to do the work may even be against Federal law which I think states that this can only be done when there is no one within the U.S. to do the work – but don’t take my opinion on that.  Let us not forget that, every summer, people are brought in to work restaurants, many from countries, including Ireland.  It’s a mess.

  6. So if you haven’t already figured out the difference between a Republican and a Democrat this pretty much tells you all you need to know. If you’re a rich business or business person and want to get even richer off the people who work for you then you vote Republican. If you’re just trying to get by on hard work in low paying jobs then you’d be wise to vote Democrat. This move against the poor working class will be repealed if we who do the “real work” stick together and vote Republicans/Tea Party Members out of office next November. Get those voting pens fired up!

    1. The GOP won’t be satisfied until they create a class of serfs, indentured servants, and slaves out of the unfortunate 99%. Republicans love capitalism as long as it works to benefit them. But let the rest of us try to get ahead, and they ship our jobs overseas.

        1. You, too, eh.  Well, giving up is not the answer, but many days it seems pointless.  Still – it must be done.

  7. I know that OSHA shows up all the time at construction projects to insure that safe practices are being used. I wonder if they work with as much diligence for farm labor? Is the IRS monitoring these egg farms to insure that all the workers are paying income taxes? They do for seasonal wreath makers. Is ICE monitoring these farms to insure that all the workers are legal?

  8. Every neo-serfdom republicon who voted for that travesty should be forced to work at DeCosters,  live in their trailers and try to make ends meet with the wages they earn there.

    yessah

    1. All comments like, “Neo-serfdom republicon” and the like are tedious and tiresome, and useless. Have you contacted the legislators to encourage them to support collective bargaining for agricultural workers?

      1. Neo-serfdom is what the GOP is all about – no minimum wage – no right to collective bargaining – no employer paid health insurance – no overtime pay – no worker safety regulations – no nothing.

        They want to bring back child labor and the sweatshopThey will be smartin’ some good next November!yessah

      1. When I worked there, DeCoster would take in people that had exhausted their unemployment benefits and make them work 7 days a week – 80+ hours – at $2.00 an hour – no overtime – and make them pay most of their paycheck back to him in trailer rent.

        He also “sponsored” Vietnamese boat people and did the same thing to them – except that he had 10 of them living in a one bedroom trailer and made them all pay rent.

        The Latino workers are there out of desperation.

        Everyone that works there does so out of desperation.

        yessah

        1. You suggest that the alternative for some people was unemployment with no unemployment benefits. How does that life compare to working for a wage, however small, and also having housing, however poor in condition? By whatever measure you judge DeCoster’s working conditions it must still be an improvement to the alternative condition for its workers. Why else would they stay there? If a worker cannot negotiate better hours or wages by his own merit with his employer, it is well within his right to negotiate with another employer. Similarly if an employer cannot negotiate a lower price for his workers it is well within his right to negotiate with other workers. Sometimes life sucks. But it is immoral to demand that an employer provide undeserved compensation for no other reason than a sense of entitlement. By what right? How does unionizing in any way lessen the victimization of the individual providing the employment? He does not live to serve his workers, just as they do not live to serve him.

          1. Would you please explain why allowing workers to bargain as a collective unit equates to an employer providing  undeserved compensation? Forget it. We all know why, just another agriculture employer taking advantage of the most defenseless people to get more  out of them for the least cost. I am sure the up to 30 billion dollars of farm subsidies the employers get each year don’t go to the workers. How do feel about stopping that program?

          2. My intent was to respond to the notion that an employer who pays little and expects workers to work long hours is an abusive employer for those facts alone. This is not the case provided that both parties involved are free to choose. Collective bargaining can have its place if employed properly. But the notion that a union may be allowed to monopolize the workforce at a particular company is immoral. Because in that case the employer has no choice but to concede to the collective’s demands or to suffer a stop in production and go out of business. However, it is not clear from this article if that is the situation at Decoster’s.

  9. In this case, why not let them have a “right to work” allowance? Seems fitting and why not allow farm workers to unionize if they so choose? What’s the big deal if it is a right to work option?

      1. That may well be the case. I see that Land O’ Lakes is a marketing cooperative. Does that mean that workers can or cannot organize given their participation in a cooperative? But is Moark, the subsidy that might take over the egg factory governed by any Land O’ Lakes regulations anyway?

  10. The ROBthePUBLICans screwing Maine workers yet again…and these boneheads voted these people into office??? Yeah, like DeCoster has been a model company..a model for workplace and safety violations.

  11. WOW this is a sick day for workers at a facility that is a pit to work in!!! How disgusting for our state to not want to protect workers rights!!!! The GOP’s are disgusting and want everyone to work for pennies so they can reap millions and they don’t care how they get their millions or billions. Another sad day in a state that is in the flush!

  12. I believe Olympia Snowe has been in DeCoster’s hip pocket for years, a relative of hers is his general manager.

  13. Since when can the State pass a law prohibiting the formation of unions ?  These people work in deplorable working conditions, for minimal pay and no benefits. Any complainers want to volunteer a day to help them out — doubt you make the day

    This is the whole reason unions started– people working in slave conditions for slave wages. And now comes the chorus … ” if you do not like the job go find another one ” These type of companies set up in areas with high unemployment with few alternatives — so if you want to stay in the area and work you have limited opportunities while they make massive profits.

    Thankfully most of our employers are home grown and make a good attempt to take care of their workers — but more and more we are seeing the problem of large corporations ( Walmart) moving in with minimal wages and no benefits — and they are the biggest game in town

    If you think it is bad now wait and see what happens if Mr LePage and crew get their ” right to work law ” passed — all the work you can stand just no pay and / or benefits — and it will not be our home grown employers causing the problem

    1.  Yes, I asked myself that same question until I did a little research on the federal law which does exempt farms from compliance with the NLRA. No right to organize for them…. from anybody.

  14. “I aint gonna work on [DeCoster’s] farm no more!
    No, I aint gonna work on [Decoster’s] farm no more!

    Well, I wake in the morning,
    Fold my hands and pray for rain.
    I got a head full of ideas,
    That are drivin’ me insane.
    It’s a shame the way she makes me [shovel chickens across] the floor.
    I ain’t gonna work on [Decoster’s] farm no more………”

    1. And yet, the original business that was the subject of the Dylan song continued to operate for decades, and may still be in business for all I know.

  15. This just makes me sad. That anyone would deny another person the right to improve their life as a worker is unfathomable to me. We spend 40 hours a week at a minimum (watch out that will be on chopping block next) laboring for someone’s profit and we have no say in how we are treated while we are there? Well, at least farm worker’s do not. Why were they left out of the NLRA? Oh, silly me. Someone did that on purpose, right? Yup.

  16. Good Lord, after all those workers have gone through over the years–and all they still suffer! Republican politicians are shameless. Now the workers should lose the right to join together and advocate for better treatment?

    Keep a close eye on Republican politicians. I suspect that their eventual goals include a 7-day mandatory workweek for all, and a minimum wage measured in pennies. It won’t just affect other people. They’ll soon be targeting you and me.

  17. It just occurred to me that none of our conservative commenters have appeared yet… they must be waiting for their orders from the Heritage Foundation, ALEC, the Koch Brothers…  Or to see how Fox News spins this.

    Certain commenters will be told to describe this assault on workers as profoundly American, and to characterize anyone who supports the workers as… let’s see… Communist, Socialist, layabout, unemployed, anti-LePage…  Come on conservatives, the world awaits your rationalizations!

    1. The conservatives are very busy trashing Rosa Scarcelli today.  If you need a laugh check  out the BDN story on her.  You know Republicans are never involved in any kind of scandal.  Just ask Fred Wintle, but make sure he’s not armed first.

  18.  >Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that “no state shall … deny to any person within its jurisdiction the equal protection of the laws.”[1] The Equal Protection Clause can be seen as an attempt to secure the promise of the United States’ professed commitment to the proposition that “all men are created equal”[2] by empowering the judiciary to enforce that principle against the states.< All men are created equal , unless of course your too poor to buy your way into government.

  19. Paul LePage’s worker assistance program.. MUCH like his idea of Maine care and education. Make everybody work for whatever an employer feels like paying, no healthcare no retirement, just the bondage of living poor in Maine.  Slavery where you have to pay to keep and feed yourself… CAPITALISM IS THE NEW SLAVERY IF YOU DO NOT HAVE CAPITAL.

  20. Just another disgusting and greedy result out of Augusta. Hopefully the people who voted in favor of this bill end up working under these conditions some day. That would be poetic justice. I love how they call it “right to work” when they under mine a worker’s right to join a union. It should be called “right to be greedy”.

  21. Doesn’t look like Land O’Lakes is looking for the best and brightest.  They’re hoping to attract the desperate and the exploitable. 

  22. Did Rep. Craft ask the wrong question at the outset? Rather than ask why egg farm/factory workers in Maine should have the right to organize when others can’t, he might have asked why all workers can’t organize to advance and protect their situations.
    A question to Crafts and those who think this a good move: how will this refusal make life better for those or any other people; who other than mega corp Land-O-Lakes will benefit?

  23. Yet another PROFITS BEFORE PEOPLE move by the TeaPublicans in the Maine legislature, sure to be signed by the Gubnah.

  24. Why would Illegal Alien Criminals have a right to form a Union in a Country they have no right being here? They came here Illegally and they work here Illegally. How about DEPORTATION !!!!!!!!!!!!

    1. There are many legal US citizens and proud “Mainers” who love working in agriculture. This issue applies to the folks who who plant and tend the pretty geraniums and petunias we buy every year too. It is not just an “egg farm” issue.

  25.  If the anti-union crowd ends up getting their way, nearly a century of progress for working people will have been lost.  Many are brought up with anti-union sentiment, including myself.  Once I educated myself on our labor history I learned that the most incredible engine of progress and upward mobility ever seen was the result of unions.  This pulled wages higher for every working person, even those outside the union.

    Any attempt to repeal the right to collectively organize is as radical and anti-American as you can get.  This is an effort to replace the once thriving middle class with wage slaves.  This harms families and workers and the broader economy in the long run. 

    1. Very well said.  Kudos to you for educating yourself about the union movement.  You are correct, the middle class IS fading away.  Middle class wages make it possible for moms to stay home with their children, middle class wages make it possible to support a family on one income, middle class wages contribute more monies to the federal government then do lower class wages, and middle class wages kept families intact by allowing one parent to be at home all the time.  Ever wonder why the government is going broke?   It’s because middle class wages are being stripped by certain government leaders for the benefit of a few.  I would not want to be starting a working career these days.  I’m afraid it going to be one hell of a fight to get the workers back to where we were before 1980. I hope I am around to see it but probably won’t be.  Now back to your regularly scheduled programming…”The Race To The Bottom.” 

  26. Soon the R’s will be limiting the EPA and DEP from going to DeCosta, god forbid they stop production for a little thing like chicken dropping going into some stream.  Why not just declare the area out of bounds for any government people that should do it.

  27. Those Who Forget History Are Doomed to Repeat It 

    “We must close union offices, confiscate their money and put their leaders in prison. We must reduce workers’ salaries and take away their right to strike.” – Adolph Hitler, May 2, 1933

  28. The next thing they will be going after is there over time all they will be paid is strigh time . Then they will go after not having to pay minimum wages

  29. A corporation that treats its people well and compensates them fairly should never have to fear a union vote.
    Some companies (FedEx, Walmart, Kroger) fight unionization because they feel it is the bogeyman to capitalism.  Yet, their other companies thrive and employee relationship with unions: UPS, Southwest airlines, the former retailer Fred Meyer.
    And some companies have good pay, benefits, and respect their employees without unions: Jet Blue and Cianbro. 
    Give the employees the right to vote.  That will tell you how well the employer treats them.

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