File photo by Tom Rivers – A cow bellows at the Orleans County 4-H Fairgrounds in Knowlesville in this photo from July 2013. Dairy is the biggest sector of agriculture in NY.

A coalition of 18 farm organizations on Monday sent a letter to Gov. Andrew Cuomo, insisting that he defend a state constitutional statute that makes it difficult for agricultural workers to collectively bargain.

The governor last month announced the state would not contest a lawsuit filed by the New York Civil Liberties Union. The governor’s position was cheered by advocates for farmworkers, but criticized by farmers and ag organizations who say collective bargaining could threaten the industry.

“As representatives of the approximately 35,500 family-operated farms in New York and supporting agribusinesses, we are extremely disappointed in your decision to abandon the families growing and raising food across this state by not defending the state’s labor laws against the NYCLU constitutional lawsuit,” the coalition of leaders wrote to the governor on June 6.

“Our organizations represent the vast diversity of New York’s agricultural community and have partnered with you for the better part of six years to continue to strengthen New York’s rural communities through the good jobs and opportunities provided by farms. We have worked together on reducing government red-tape that was strangling economic development and growth. Together, we have lauded new processing businesses and the emersion of new agriculture-related industries.”

The letter was signed by leaders from the following organizations: New York Farm Bureau, Agri-Mark, Inc., Dairy Farmers of America, Inc. (Northeast Area), Empire State Forest Products Association, Empire State Potato Growers, Inc., Farm Credit East, Harness Horse Breeders of New York State, NY Apple Association, Inc., NY Corn and Soybean Growers Association, NY State Agribusiness Association, NY State Grange, NY State Maple Producers Association, NY State Turfgrass Association, NY State Vegetable Growers Association, NY Thoroughbred Breeders, Inc., Northeast Agribusiness and Feed Alliance, Northeast Dairy Producers Association, Inc., and Upstate Niagara Cooperative, Inc.

“The reasons that agriculture was exempt from collective bargaining by the state in 1937 are still valid today,” the ag leaders wrote in their letter. “Agriculture is reliant on Mother Nature and not the controlled climate of a factory. Farm schedules are determined by the weather forecast, the ripening of crops, and the needs of livestock. The current law recognizes this, and the need for food to be grown right here in our state. Combined with already higher taxes, a stifling regulatory environment, and a minimum wage increase this year, collective bargaining would make the continued operation of many family farms untenable. Farmers, who we have always contended are tied to the land, are now seriously investigating moving their businesses out of state and closing their doors. Your actions this year have left them feeling abandoned by the state they call home.”

Agriculture remains a bedrock of the rural economy with $5.5 billion in sales of farm products state-wide in 2012, including $150 million in Orleans County. However, the ag leaders say the industry faces many challenges.

“We strongly urge you to reconsider your position regarding the NYCLU lawsuit and instead defend and uphold the laws of this state, which recognize the unique and very challenging circumstances that farmers in the Northeast, and in particular, New York State, must already overcome in order to produce food for our residents,” the letter concludes.

Photo by Tom Rivers – A farmer works a field by an orchard on Route 31 in Ridgeway last week.

New York has created a new $3 million revolving loan fund to assist the agricultural industry in the Finger Lakes region. The “Growing the Agriculture Industry Now” Revolving Loan Program includes $280,000 for farms in Orleans County.

That is not a huge amount, considering the multi-million-dollar capital projects at many farms. But it could help farmers pursue some initiatives, including energy projects such as solar installations and more efficient refrigeration systems, said Jim Whipple, CEO of the Orleans Economic Development Agency.

The state funds for the Growing the Agriculture Industry Now initiative will provide loans to capitalize on local agricultural businesses utilizing new technologies and expanding operations.

This new program fills a gap where new businesses who do not meet traditional financing organizations’ underwriting standards will be now be able to get started, according to a news release from Gov. Andrew Cuomo’s Office.

The first advance of $1.2 million has been released to the Genesee/Finger Lakes Regional Planning Council, which in coordination with local development corporations, represents the nine county regions managing the loan program.

“Farming in the Finger Lakes region is an important industry and a key driver of the regional economy,” Governor Cuomo said. “By encouraging the use of innovative technologies and creating more opportunities for farmers, this new loan program will help shape the future of the region’s agricultural industry and ensure its vitality for years to come.”

GAIN is a Finger Lakes Regional Economic Development Council priority project. The $3 million in state support provided by Empire State Development, the state’s economic development agency, will leverage an additional $300,000 plus in local investment. The total investment fund of more than $3,300,000 million will provide loans to qualifying businesses in Genesee, Livingston, Monroe, Ontario, Orleans, Seneca, Wayne, Wyoming and Yates counties, all of which are in the top ten agricultural counties in New York State. It is anticipated that the fund will create 150 direct jobs and 450 indirect jobs in the agriculture and good processing industry.

“Growing our agriculture and food processing industry is one of the utmost priorities of the FLREDC as it represents a crucial part of the region’s economy,” said Finger Lakes Regional Economic Development Council Co-Chairs, Monroe Community College President Anne Kress and Wegmans Food Markets CEO Danny Wegman. “GAIN’s revolving loan pool to support the capital needs of agriculture and food processing companies, including new technology, diversification and expansion, will further advance the needs of the industry.”

The GAIN revolving loan program will give priority to agricultural and related business projects, including food processing and operating farms, which support job creation and job retention, as well as farm diversification (i.e., participate in farm-based retail and wholesale markets).

The program will also support businesses that invest in new technology, including renewable energy projects and new processing equipment, as well as ones that demonstrate growth in net revenue for agriculture enterprises; leverage other sources of funding; and provide secondary economic multipliers such as business expansions.

Loans can be up to $200,000 at an interest rate of one percent.

Those interested in learning more about the application process and the program can contact David Zorn at Genesee/Finger Lakes Regional Planning Council, 50 West Main Street, Suite 8107, Rochester, NY 14614; 585-454-0190 x14; or at dave.zorn@gflrpc.org.

Press Release, State Assemblyman Steve Hawley

Assemblyman Steve Hawley (R-Batavia) joined Assemblyman Bill Nojay (R-Pittsford) and a coalition of lawmakers speaking out against the governor’s decision to not fight a lawsuit relating to the unionization of farmers.

The governor’s decision to not defend the complaint, filed by the New York Civil Liberties Union in the State Supreme Court, effectively endorses unionization of farmworkers in New York State, a policy that those in the agriculture community say is not wanted or necessary. In fact, due to the individual climate and environmental concerns of each state affecting their growing season, the federal government specifically excluded farmworkers from the National Labor Relations Act in 1935.

“As the former owner of our family-owned farm, former Genesee County Farm Bureau President and having served on the Assembly’s Agriculture Committee since I was elected in 2006, I can attest to the daily struggles of our farm community.” Hawley said. “The governor’s decision to support unionized farm labor, coupled with a $15 an hour minimum wage, will be absolutely devastating to Western New York’s agriculture industry.”

“For decades our communities have been crushed by the state’s economic policies and the unionization of farmers will only push our family farms closer to the brink,” said Nojay. “Throughout his tenure Gov. Cuomo has demonstrated a total lack of respect for Upstate’s economy by repeatedly pushing policies, from GMO labeling to the $15 minimum wage, that have had a disastrous effect on our family farms and agricultural communities. The efforts by these wealthy labor unions will not only kill businesses and family farms but continue the exodus of Upstate families to less economically oppressed regions of the country. Agriculture is the foundation of our state’s entire economy and we must give our farming families and communities the attention and support they deserve.”

“Here in Western New York, farmers work extremely hard to develop positive and long-lasting relationships with their farm hands and seasonal workers. Unionization would only add another level of bureaucracy to a system that is not broken, and further complicate the ability of our state’s small family farms to succeed,” said Assemblywoman and Minority Leader Pro Tempore Jane Corwin (R-Clarence).

Assemblyman Marc Butler (R-Newport) said, “Leave it to New York City politicians to get it all wrong about agriculture and family farmers. Gov. Cuomo and others like him have done much to vilify the family farmer. Not only have he and the Assembly Majority increased the minimum wage and operating costs for these important rural job providers, now the governor is joining special interest groups that are trying to force family farms into unionized shops. I will work diligently to block any efforts from the governor or anyone else who tries to impose a New York City progressive agenda on our upstate family farmers.”

Assemblyman and Chairman of the Assembly Minority Conference Clifford W. Crouch (R-Bainbridge), a former dairy farmer, said, “To say that this would be devastating to our farming industry would be an understatement. Over the years it has become very clear that advocates of unionizing farm workers, who predominantly have downstate interests, neither understand the relationship farmers have with their employees nor the negative repercussions this would have on our small family farmers. I have visited and spoke to many farm employees across the state – from Buffalo to the North Country, to the Southern Tier and Long Island. In those travels and to date, not one employee or farmer I have spoken to has expressed the need or desire for what is offered by unionizing their employees. With already tremendous expenses – including grain, feed, seed, equipment, workers’ compensation, unemployment benefits, property taxes, energy expenses, and transportation – compounded with the recent minimum wage increase, how are family farmers expected to survive? Unionized farm employees may make sense for states like California that have a year-round growing season, but not in New York. Let’s call it what it is: a money grab by organized labor and their political counterparts in state government to gain an extra 35,000-40,000 new members paying union dues. The government should not be telling family farmers how to operate, especially when its policies will lead to closures of those farms. When there are no farms left, what will be the cost of food and where will it come from?”

“Gov. Cuomo’s next chapter in his war on upstate seems to be financially crippling our family-owned farms. Farmers have just recently begun learning how to absorb a $12.50 minimum wage hike upstate and a cut to agriculture local assistance that New York City politicians slammed down their throats, and now they want to force union mandates on them,” said Assemblyman Steve McLaughlin (R-Troy).

File photo by Tom Rivers – Dirk Biemans is co-owner of Intergrow Greenhouses, which built its first 15-acre greenhouse in the Town of Gaines in 2003. The company has done multiple expansions to 55.5 acres under glass in Orleans County. Today, Intergrow announced plans to expand in Monroe County.

Governor Andrew M. Cuomo today announced that agricultural company Intergrow Holdings, Inc. will expand its operations to Webster, creating 100 new jobs in the Finger Lakes Region.

The expansion will include building two new, 25-acre state-of-the-art commercial greenhouses to grow produce year-round for the Northeast market.

Intergrow began operations in the Town of Gaines in 2003 with an initial 15-acre greenhouse. It has expanded to 55.5 acres at its site on Route 98.

Dirk Biemans, CEO of Intergrow Holdings said: “We continue to see a growing demand for locally grown, year-round produce from our customers and are excited to stay in Western New York where we have found an opportunity in Webster for a greenhouse project to produce this product.”

Intergrow will build two new, 25-acre greenhouses at the intersection of Salt and State Roads in Webster. The produce grown will provide local, year-round, hydroponically-grown tomatoes, an alternative to produce that requires warmer, distant climates. The greenhouses will utilize state-of-the-art and sustainable growing practices, and product packaging will be performed on site. Construction of the first greenhouse is scheduled to be completed next fall. The second greenhouse is scheduled to be completed by 2020.

The first 50 employees at the Intergrow site in Webster are expected to be hired by July 2018; the remaining 50 employees will be hired before June 30, 2021, according to the Governor’s Office.

“Our strategy to drive economic growth across New York has focused on investing in regional potential,” Governor Cuomo said. “By expanding its operations in the Finger Lakes, Intergrow is driving job growth in a vital sector of our economy while offering New Yorkers greater access to high-quality, locally grown produce.”

Empire State Development, New York State’s economic development agency, will provide up to $750,000 in performance-based Excelsior Jobs Program tax credits and a $750,000 capital grant in return for job creation commitments. Rochester Gas & Electric will be providing a $400,000 grant to help offset electric infrastructure costs. Farm Credit East is providing a farm credit loan. The County of Monroe Industrial Development Agency has offered mortgage and sales tax abatements, as well as a 10-year standard PILOT.

The governor was named in a lawsuit to allow farmworkers the right to organize, and Gov. Andrew Cuomo said today he won’t fight the lawsuit by the New York Civil Liberties Union.

The group said farmworkers are excluded from the critical protection of the right to organize without fear of retaliation under New York state’s labor law, a violation of the state constitution.

The New York Civil Liberties Union named New York state and Cuomo today in the lawsuit filed in State Supreme Court. It is the first lawsuit that demands that farmworkers receive the same basic protections from the state that virtually every other worker receives.

“It’s a shame for New York that in 2016, a holdover, racist policy from the Jim Crow era prevents farmworkers from organizing to improve their brutal work conditions,” said Donna Lieberman, executive director of the New York Civil Liberties Union. “Enough is enough. Farmworkers who we depend on to put food on our tables deserve no less dignity and humanity than any other hardworking New Yorker.”

Cuomo issued a statement that he supports the lawsuit.

“Because of a flaw in the state labor relations act, farmworkers are not afforded the right to organize without fear of retaliation – which is unacceptable, and appears to violate the New York State Constitution,” Cuomo said. “I agree with the NYCLU that the exclusion of farmworkers from the labor relations act is inconsistent with our constitutional principles, and my administration will not be defending the act in court. We will not tolerate the abuse or exploitation of workers in any industry. This clear and undeniable injustice must be corrected.”

The NYCLU’s lawsuit was filed on behalf of Crispin Hernandez, who was fired from one of New York’s largest dairies, Marks Farms LLC in Lowville, after his employer saw him meeting with co-workers and an organizer to discuss workplace conditions, even though it was after work hours and in a worker’s personal residence, NYCLU said.

The NYCLU’s lawsuit was also filed on behalf of the Workers’ Center of Central New York, a group that organizes and advocates for low-wage workers, and the Worker Justice Center of New York, an organization that seeks justice for farmworkers through advocacy and legal representation. Both groups have been unable to provide critical supports to farmworkers because they are unconstitutionally excluded from protections for organizing.

Farming in New York is a multi-billion dollar industry, with sales of $6.36 billion in 2014. The state’s approximately 60,000 farmworkers are critical to making New York a national leader in farm produce and the fourth largest dairy producer in the country.

New York Farm Bureau issued this statement about the lawsuit:

“New York Farm Bureau is unable to comment on specifics of the NYCLU lawsuit until we have had a chance to review the case. However, public allegations being made in the organization’s announcement greatly misrepresent dairy farms, and working conditions of all farm employees, in New York. In addition, the allegations contradict and ignore the valued relationships that farmers across the state have with their employees.

“The farm industry has long been pushing for comprehensive immigration reform that will have many positive benefits for the employees and the industry as a whole. However, the right to organize is a labor union tactic that may work in a factory setting, but not on a farm where the planting and harvesting of crops and the milking of cows are extremely time sensitive and weather-dependent. For a farm to lose employees to an untimely walk-off of the job could jeopardize a season’s crop and place livestock health at risk.”

State Sen. Robert Ortt, R-North Tonawanda, also issued a statement against the lawsuit, saying it “is nothing more than politically-driven theater from New York City radicals.”

Ortt said agriculture is critical to the state’s economy.

“Anyone who knows anything about farming, or about New York State north of the Bronx or East of Queens, knows how vital agriculture is to our economy and to our communities,” Ortt said. “And, they know a measure such as this would be the final nail in the coffin for many of our small family farms and result in dramatic price increases for nearly all of our foods. Efforts to apply certain labor practices from other industries to the agriculture industry ignores the realities facing our farms. We have a very short growing season in New York with many specific crops that demand intensive labor or specific skill sets. Our farms aren’t giant corporations, they’re universally small family operations that require flexibility. They already face one of the nation’s worst tax and regulatory climates and yet they persist because farming is in their blood and it’s in their hearts. It’d be a shame if our Governor and our state turned our backs on them to appease the swelling influence of liberal New York City interest groups.”

The NYCLU said farmworkers are excluded from the workplace protections afforded to nearly all other workers, including a day of rest, overtime pay, disability insurance and the right to organize without retaliation.

“Because of an 80-year-old outdated law, poverty, fatalities and legally-sanctioned discrimination are a way of life for tens of thousands of people working in New York,” said Erin Beth Harrist, senior staff attorney at the NYCLU and lead counsel on the case. “New York must reject the farmworker exclusion for violating our constitution, progressive values and commitment to human rights.”

The group said the combination of poverty, isolation, and lack of permanent legal status and language access makes farmworkers among the most exploited groups in the American labor force.

Photos by Kristina Gabalski – David Russell, Genesee County Master Gardener, discusses native pollinators with participants at the 2016 “Spring into Gardening” Education Day held Saturday.

KNOWLESVILLE – Gardeners and those interested in learning more about gardening and related topics gathered Saturday at the Education Center on the Orleans County 4-H Fairgrounds for “Spring into Gardening” Education Day.

Workshops were held a number of topics including Cut Flower Gardens, Native Pollinators, Butterfly Gardening, Herbs, Local Foods, Composting with Worms, and a Make-it/Take-it project.

David Russell, a Genesee County Master Gardener who is better known as “David the Crazy Bug Guy,” presented an introduction to native pollinators of western New York and the Northeast. His talk included how to create “housing” to attract beneficial bees to your landscape.

Russell advised gardeners to avoid using pesticides as both bad bugs and good bugs are destroyed, including bees. “I’m all for pollinators,” Russell said.

A slide from Genesee County Master Gardener David Russell’s presentation on native pollinators. It shows an intricate “house” made for solitary bees. Russell said the bee houses do not have to be this detailed and noted tongue-in-cheek, that the houses are, ” so easy to make, even a man can make them.”

Amy Guptill, associate professor of sociology at the College at Brockport, discussed what defines “local” when talking about local food as well as how local foods get from the producer to the consumer. Guptill said many farmers and growers are struggling and losing money.

“It’s hard to make it work,” she said about farming. “There is room for innovation to make it easier for people who want to farm.”

Additional topics included planning a cut flower garden, butterfly gardening with Master Gardener Gail Culver, and the wondrous world of herbs with Bonnie Heck of Herbalty Cottage.

Participants in the 2016 Orleans County Master Gardener’s Spring into Gardening Education Day use curly willow and other natural materials to make rustic trellises for garden containers during the Make-it/Take-it workshop led by Master Gardener Alex Greene.

Jena Buckwell, master gardener, spoke on composting with worms, which allows gardeners to compost kitchen scraps inside, year-round. Buckwell said vermicomposting produces an organic soil amendment with 5-10 times more nutrients that traditional composting.

Additionally, participants were able to make rustic container garden trellises with wild grapevine, curly willow and other branches in a workshop held by Master Gardener Alex Greene.

Provided photo – Darrel Oakes from LynOaken Farms in Lyndonville and Leonard Oakes Estate Winery in Medina makes his appeal to state lawmakers to oppose the $15 minimum wage.

Press Release, NY Farm Bureau

BATAVIA – Small business owners and local farmers joined together today at The Days Inn in Batavia to ask state lawmakers to oppose the $15 minimum wage.

The April 1 budget deadline is just days away, and the coalition remains united in its efforts to defeat what will be a tough blow to local employers.

The consequences of a 67 percent wage hike are far reaching. The small businesses shared their personal stories of what this will mean to each of them, including the decisions that will have to be made to compensate for the major increase in labor costs. A reduction in the number of employees and an increase in automation are on the table should this proposal pass in Albany.

The impacts will be felt statewide. A recent report conducted by the former director of the Congressional Budget Office, found that at least 200,000 jobs will be lost across the state. A separate independent analysis by Farm Credit East estimates a $15 minimum wage in New York State would cost farmers between $387 and $622 million in 2021 at the peak of the wage rollout and nearly 2,000 farms would no longer be profitable.

Because of the statewide ramifications, today’s event coincided with more than a dozen others happening in communities across New York. It is a final push to make the compelling point to lawmakers that there are serious consequences, from job loss to higher consumer prices, should New York pass a $15 minimum wage. The small business owners asked their local lawmakers to vote no on $15.

“Businesses will be forced to raise prices to compensate. As a farmer, I cannot do this. I am a price taker not a price maker. This will make me uncompetitive with surrounding states, like Michigan and Pennsylvania, whose labor costs will be half what they are in New York. This will put some farms out of business or force them to move to a different state which will hurt our economy,” said Pat McCormick, a dairy farmer from Java Center and member of the NYFB board of directors.