By Tom Rivers, Editor Posted 24 May 2019 at 2:24 pm
Photo by Tom Rivers: A farmer plants seeds on Wednesday in Carlton on Waterport-Carlton Road. That sunny day gave farmers a chance to get their big equipment out in the fields.
Farmers have been kept out of their fields for much of the spring due to frequent rain.
This week there have been some sunny days without rain and that has allowed farmers to get seed in the ground.
They are still way behind schedule.
“If the rain continues it’s going to be tough,” said Jim Panek of Panek Farms, which grows corn, soybeans and peas on about 10,000 acres.
The farm has planted about 3,000 acres so far. Panek had a big day on Wednesday, planting 1,150 acres.
Jim Panek said farmers could use several dry days in a row to make lots of headway in planting.
A string of dry days has been hard to come by this spring.
“We’re running out of time,” said Larry Meyer, director of the Farm Service Agency in Orleans and Monroe counties.
Farmers are pushing to get their crops planted by June 10. After that day, the yields begin to diminish.
Meyer said the amount of rainfall this spring is about the normal amount. What has been difficult for farmers is the number of days with rain.
“You never get enough days to dry out,” Meyer said. “We get one day where it looks good and then we get more rain. I’m sure there will be a lot of stuff that doesn’t get planted.”
Governor Andrew M. Cuomo and Attorney General Letitia A. James today applauded a decision by the New York Supreme Court Appellate Division, Third Department in the case of Crispin Hernandez v. the State of New York and the New York Farm Bureau, declaring that farmworkers across the state have the right to organize and bargain collectively.
The courts ruled the exclusion of farmworkers from the State Employment Relations Act to be unconstitutional.
“This is a victory for some of the most vulnerable members of New York’s workforce,” Cuomo said. “From the beginning, we chose not to defend against this lawsuit because farmworkers never should have been denied the same basic rights as other workers and we believed this to not only be morally wrong, but also unconstitutional. My administration has proudly fought for working men and women across the board, from raising the minimum wage to strengthening worker protections in nail salons and the home health care industry – and we will never tolerate the abuse or exploitation of workers anywhere, period. I commend the court’s decision to correct this undeniable injustice and reaffirm New York’s principles of fairness and equality for all.”
Article 1, Section 17 of the New York Constitution guarantees to all “employees” in the State the fundamental right to organize and bargain collectively through representatives of their own choosing. The State Employment Relations Act (SERA) establishes a comprehensive administrative framework to protect employees in their efforts to organize, regulate the collective bargaining process and provide a forum in which employees and employers can amicably and promptly resolve labor disputes. However, the SERA specifically excludes farmworkers from its coverage, leaving them with no viable means to vindicate their constitutional right.
“I applaud the court’s decision to affirm the right for farmworkers to organize in the state of New York,” said Attorney General Letitia James. “This ruling asserts that farmworkers are no longer considered second-class workers in the eyes of the law. My office will always fight for the hardworking people in this state, and their fundamental rights to organize, access workplace protections, and get paid fair pay for a fair day’s work.”
Represented by the New York Civil Liberties Union (NYCLU), plaintiffs—a farmworker named Crispin Hernandez and two organizations devoted to protecting farmworkers’ rights, Workers’ Center of Central New York (WCCNY) and Worker Justice Center of New York (WJCNY)—brought this lawsuit in Albany County Supreme Court in May 2016, challenging the constitutionality of the SERA’s exclusion of farmworkers. The complaint alleged that Mr. Hernandez’s employer, Marks Farm LLC, terminated his employment in retaliation for exercising his constitutional right to organize by meeting with coworkers and advocates from WCCNY and WJCNY to discuss dangerous working conditions on the farm. But because the SERA excludes farmworkers, Mr. Hernandez was left with no protection under the law.
Although the State and the Governor were the named defendants in the action, they announced their intention to argue that the SERA’s exclusion of farmworkers violated farmworkers’ right to equal protection under the New York Constitution. An advocacy group representing agricultural employers, the Farm Bureau, then intervened to defend the constitutionality of the statute. The Farm Bureau filed a motion to dismiss the complaint, and Supreme Court Justice Richard J. McNally, Jr., granted the motion, rejecting plaintiffs’ constitutional claims. Plaintiffs and the State defendants then appealed to the Appellate Division, Third Department, and filed separate appeals briefs arguing that the SERA’s exclusion of farmworkers violated the New York Constitution.
In an opinion drafted by Justice Christine M. Clerk, the Third Department, by a 4 to 1 majority, reversed Supreme Court’s decision and held that the exclusion of farmworkers from the SERA was unconstitutional. The Court reasoned that farmworkers are “employees” within the plain meaning of the term and that nothing in the constitutional provision’s language or history suggests an intent to give that term a narrower meaning.
Additionally, the Court held that the right to organize and collectively bargain “is enshrined in the New York Bill of Rights” and has “fundamental status” under New York’s “longstanding tradition of protecting the rights of workers.” Based on this fundamental status, the Court held that “any statute impairing this right must withstand strict scrutiny,” meaning that it must be narrowly tailored to meet a compelling government interest. The Court then concluded that “the farm laborer exclusion cannot conceivably withstand strict scrutiny” and thus “violates the NY Constitution.” Accordingly, the Court declared that the SERA’s exclusion of farmworkers “is unconstitutional as a matter of law.”
Judge Clark’s opinion was joined by Presiding Justice Elizabeth A. Garry, as well as Justices Michael C. Lynch and Eugene P. Devine. Justice Stan L. Pritzker filed a dissent.
WASHINGTON, D.C. – Today, Congressman Chris Collins (NY-27) introduced legislation that would provide a short-term, one time fix, to help the non-seasonal agriculture workforce. The Helping Labor Personnel (HELP) Farms Act provides a solution for farmers across the nation, especially in the dairy industry, while Congress and the Department of Labor continues to modernize the H-2A program and allow visas be granted on an annual basis instead of seasonal.
“Under current law, the H-2A visa program does not help our struggling dairy farms, who live in constant fear of losing their workforce,” said Congressman Collins. “This legislation provides a temporary solution while Congress and the Department of Labor work together to find a bipartisan solution.”
This legislation requires the Secretary of Homeland Security, in conjunction with the Secretary of State and Secretary of Labor, to collect applications for temporary work authorization for non-seasonal agriculture workers. This non-seasonal agriculture workforce must be sponsored by a United States employer who he/she has worked with for at least two years. Upon approval of the application, the alien worker will be granted work authorization for two years along with his/her spouse and children. Additionally, protections are included for the sponsoring employer to ensure there are no consequences for employing an alien workforce due to an outdated and flawed H-2A visa program.
“There is not a single person representing dairy that does not understand we have a true crisis with the current system we have in place,” added Collins.
An alien worker who currently works in a non-seasonal agriculture occupation may be permitted to apply to this temporary work authorization program so long as they have not been convicted on felony charges of rape, kidnapping violent assault, sexual assault, or suspected of terrorism. Alien workers who are currently being detained may also be given the opportunity to apply for this program.
By Tom Rivers, Editor Posted 15 May 2019 at 2:40 pm
Photos by Tom Rivers
HOLLEY – The apple blossoms are starting to come out in orchards in Orleans County. These blossoms are on Rhode Island Greenings, an old-time apple variety, on Hurd Road.
The orchards will be a sea of white petals while the blossoms are blooming. The annual spring event has been delayed a little with the cool temperatures.
New York is the country’s second-leading apple producer behind Washington State. New York produces about 30 million bushels of apples annually, which is just ahead of the crop in Michigan.
Orleans County is one of New York’s leading apple-growing counties, behind only Wayne.
Photos by Tom Rivers: State Sen. Rob Ortt, center, is joined at a roundtable discussion about the ag industry Thursday in Batavia by by Pam Helming (R-Canandaigua) and Tom O’Mara (R-Big Flats).
By Tom Rivers, Editor Posted 3 May 2019 at 3:53 pm
Ag community encouraged to show up by the thousands in Albany
BATAVIA – Legislation proposed in Albany that would give farmworkers overtime pay and the right to collective bargaining would actually lead to less pay for workers, who would get fewer hours, and would further strain the finances of the state’s struggling agriculture industry.
That was the message Thursday during a roundtable discussion at Batavia City Hall, which included seven state senators and several farming leaders in Western New York.
State Sen. Rob Ortt, R-North Tonawanda, led the roundtable because he was frustrated three public hearings on the proposed legislation are not in WNY, which is an agricultural powerhouse for fruit, vegetable and dairy farming. Those are all labor-intensive industries. Ortt is the ranking Republican on the State’s Agriculture Committee.
“We understand the impact of this on your livelihood and our state,” Ortt told about 75 people at the 2-hour meeting in Batavia.
About 75 people attended the roundtable discussion on Thursday. The state senators at the meeting said they were disappointed there weren’t any hearings in Western New York about the proposed legislation.
This bill is currently in the Labor Committee of the Senate. The Farmworkers Fair Labor Practices Act is sponsored by State Sen. Jessica Ramos of Queens. She just took office in the Senate this past Jan. 1.
Farmers at the roundtable said the legislation requiring time-and-half after 8 hours in one day and 40 hours in a week would increase their costs from 17 to 25 percent. Some of the farmers, like fruit grower Jeff Toussaint of Knowlesville, said they would have to look at a different type of farming with far less labor costs. For Toussaint that could mean removing fruit trees and planting corn and soybeans.
He has 19 employees right now, including some who come through the federal H2A program, allowing temporary guest workers from other countries. This year those workers are guaranteed $13.25 per hour and the farmers have to provide them housing.
The farmers said labor costs have been on the rise with the state’s minimum wage increases and the H2A rates, which are all set by the government. When those wages go up, farmers increase the wages for middle managers, herdsmen and others who are above the minimum wage.
Leandro Mateos of Torrey Farms said workers don’t want to see their hours get cut.
Leandro Mateos has worked for Torrey Farms for 30 years. The workers are concerned the state legislation will result in less hours, and smaller paychecks. He said the workers want to work the hours, often in excess of 60 hours a week.
Christian Yunker, a partner with CY Farms and president of the Genesee County Farm Bureau, said the 8-hour daily cap before overtime would be very hard for agriculture, where there are often several slow days from rain and then some long days to make up for the bad weather when the sun is out. The planting and harvest seasons tend to be especially busy, with farms racing to get a lot of work done.
If legislation is passed for farmworkers’ overtime, Yunker said it needs to be based on a weekly amount, and he said overtime shouldn’t kick in until at least 60 hours in agriculture.
CY has 40 full-time employees working about 6,000 acres in Genesee and Orleans counties. If the overtime goes through, Yunker said farms would look to limit the weekly hours to 40. The farms would look to expand its workforce to stay under the 40-hour cap and still get needed work done. However, the labor market is tight, making it unlikely there are more workers who could be hired.
With the H2A program, the workers won’t want to be in a state where they would be capped at 40 hours, he said.
“They’ll go to Michigan,” he said in an interview.
State Sen. Michael Ranzenhofer, center, of Amherst is joined up front by State Assemblyman Steve Hawley of Batavia, left, and State Sen. Patrick Gallivan of Elma.
The proposed state legislation puts NY agriculture at a competitive disadvantage with other states and countries, where the labor costs would be much lower, the ag leaders said at the roundtable.
It also jeopardizes the many food processing plants in region, which use local milk, fruits and vegetables. If the input costs are up for those products, the processing plants will look to other states with lower costs, said Steve Hyde, president of the Genesee County Economic Development Center.
State Sen. Michael Ranzenhofer, R-Amherst, represents Genesee and parts of Monroe and Erie counties. He said the best hope of fighting the legislation is for farmers and their workers to show up in Albany in big numbers to speak with state legislators and the media.
“We need thousands of people across the state to come up (to Albany),” he said.
Farmers said they would reach out to the ag community to see if they could get a big crowd to the state capitol soon. The timing is bad for them because they have been anxious for the weather to break so they can plant crops.
Ranzenhofer urged them to set aside a day and get to Albany.
The Senate is in solid Democratic Party control for the first time in decades. The Democrats also have the majority of the Assembly and the governor’s office. That has the agriculture community and seven Republican state senators at Thursday’s roundtable concerned that legislation will pass giving farmworkers overtime and the right to collective bargaining.
State Sen. Rich Funke, right, of Fairport said the proposed legislation would have a very adverse effect on agriculture, further challenging the rural economy. State Sen. Tom O’Mara of Big Flats is at left.
Yunker is hopeful some middle ground can be reached. He’s OK with collective bargaining but doesn’t want workers to have the right to strike during harvest or at dairy farms when animals need to be milked typically three times a day.
If the legislation passes, as proposed, CY would see its labor costs go up 20 to 25 percent, he said.
“Our business would change dramatically,” he said.
The state senators said the Senate used to be a check in governing the state from more liberal or progressive legislation from New York City area lawmakers. Now, Gov. Cuomo is the best hope for the upstate to push back some of the legislation, some of the state senators said.
And the Republican senators said they are trying to make the case to their Democrat colleagues about the impact of the legislation.
Rich Funke, R-Fairport, said the farmworker legislation poses a big threat to the upstate economy, which depends on a viable agriculture sector to maintain the tax base and support other businesses, such as veterinarians, tractor and equipment dealerships.
“This is the single greatest attack being launched on Upstate New York since I’ve been in office,” Funke said.
The legislation is proposed at a time of crisis in the dairy industry, where 20 percent of those farms have gone out of business the past five years.
Ortt said the state is unfortunately adding to challenges for farms struggling to survive.
“If this goes through it will change how people farm and the ag industry in New York forever,” Ortt said.
Photo by Tom Rivers: State Sen. Rob Ortt (center), R-North Tonawanda, and State Sen. Tom O’Mara, R-Big Flats, share a light moment during a roundtable discussion this evening at Batavia City Hall about proposed legislation that would give overtime and collective bargaining to farmworkers.
Press Release, State Sen. Rob Ortt
Senator Rob Ortt (R-North Tonawanda) hosted an agriculture roundtable in Batavia this evening for colleagues, industry experts and residents from across Western New York.
As ranking member of the New York State Senate Committee on Agriculture, Ortt has spent the last few weeks visiting, touring, and speaking with farmers from across WNY about newly proposed labor laws and wanted to bring together as many individuals from the agriculture community as possible.
“The purpose of this roundtable was to gain additional insight and inform our local residents and the media on how impactful pending labor legislation could be to our small family farms,” said Sen. Ortt. “We wanted to draw on these farm owners’ and farmworkers’ expertise, and we wanted to offer them an opportunity to voice their concerns and speak with their elected representatives about what can be done to stop newly proposed labor laws. The sponsor of this new labor legislation and the Chair of the Senate Committee on Agriculture have refused to hold any hearings in Western New York, so we have taken it upon ourselves to give these farm owners, farm workers, farm bureaus and elected officials an opportunity to voice their opinions.”
Recently introduced labor legislation by Senator Jessica Ramos (D-Queens) would force farm owners to pay overtime to seasonal workers who surpass a daily hour limit, require mandatory days off and allow workers to strike. A study by Farm Credit East indicates that this legislation would increase labor costs by an estimated 17 percent and decrease net farm income by approximately 23 percent. In total, the legislation is expected to cost the farming community a total of $299 million.
“With so many small family farms struggling to survive, this legislation would put an end to local farming in New York as we know it,” said Sen. Ortt. “The farm closure rate in New York is currently three times the national average and legislation like that proposed by Sen. Ramos would increase this farm closure number exponentially. It would also drive away our best workers who seek to work as many hours as possible. If capped at 40 hours per week, seasonal employees will look to other states for more work.”
Senate Bill 2837 currently resides in the Senate Labor Committee.
(Editor’s Note: Orleans Hub will have more coverage on the roundtable discussion Friday.)
Photo courtesy of State Sen. Rob Ortt: Guy Smith, co-owner of Triple G Farms in Barre, is presented an Empire Award by State Sen. Rob Ortt.
BARRE – Triple G Farms, which is based in Barre, was presented with an Empire Award last week by State Sen. Rob Ortt, R-North Tonawanda. Ortt also serves on the State Senate’s Agriclutre Committee.
“Triple G Farms is a shining example of the monumental impact a family-owned farm can have on a local community,” said Sen. Ortt. “Their work with local conservation groups and farm service agencies has helped transform community farming practices, while work with environmental quality programs has helped establish new agrichemical handling plans. I’m proud to honor such a wonderful community partner and look forward to the incredible work they will continue to do for the agriculture community in the future.”
Triple G in February was honored as Orleans County’s “Conservation Farm of the Year.” Triple G started as a muck farm in 1925. Triple G Farms is run by brothers Guy and Greg Smith, and their nephew Pete Smith.
They grow potatoes and onions on 645 acres of muckland in Barre, Clarendon and Elba.
By Tom Rivers, Editor Posted 26 April 2019 at 8:16 am
BATAVIA – State Sen. Rob Ortt (R-North Tonawanda) is a member of the Senate’s Agriculture’s Committee. He is concerned about the impact on agriculture with legislation in the Senate that would allow for overtime pay for farmworkers and the right to collective bargaining.
Ortt will be hosting a roundtable on May 2 at Farm Credit in Batavia with local farm owners, farmworkers, and agriculture organizations. They will discuss the current state of New York’s farming industry and how newly proposed labor laws could affect the future of New York farming.
Ortt will be joined by several state senators, including Pam Helming (R-Canandaigua), Mike Ranzenhofer (R-Amherst), Tom O’Mara (R, Big Flats), Pat Gallivan (R, Elma), Rich Funke (R, Fairport), Chris Jacobs (R-Buffalo).
Farmworkers from Torrey Farms will join the roundtable, along with farmers, including Jeff Toussaint, a fruit and grain grower in Knowlesville; Christian Yunker, co-owner of CY Farms in Byron; and several others.
State Assemblyman Steve Hawley (R-Batavia) also will attend the roundtable, and so will Michael Kracker, director of Unshackle Upstate.
Photos courtesy of the Cooperative Extension: Instructor of the Seed class Katie Oakes (far right) stands with the Scofill family – Mark, Bessie, Isaac and Ruth.
Posted 24 April 2019 at 11:25 am
Press Release, Orleans County Cornell Cooperative Extension
KNOWLESVILLE – Cornell Cooperative Extension of Orleans County launched its new Seed Bank program on Tuesday at the Lee-Whedon Memorial Library in Medina.
The program kicks off with Seed Starting classes offered at Hoag Library in Albion today at noon, the Yates Community Garden in Lyndonville on Thursday at 6:30 p.m. and at the Community Free Library in Holley next Wednesday, May 1, at 6:30 p.m.
Katie Oakes, Horticulture Educator at Orleans County CCE, came up with the idea for the program over dinner one night with her husband.
“Our CCE Association had received this huge donation of seeds last season, more than we could ever possibly plant or sell for our internal programs,” she said. “So my husband and I started brainstorming ways that we could get these seeds into the hands of our community members.”
The Seed Bank that will remain in the library with free seeds for the public.
Traditional Seed Banks usually function on the idea that people who take seeds will grow them, save them, and bring new seeds back to replenish the bank after the growing season. But seed saving can be tricky, and often when there’s an obligation for follow-up it can deter people from even participating at all. So Oakes designed her Seed Banks with the intention that all seeds will be free to anyone as long as supplies last.
“The bottom line is that I wanted these seeds to be grown,” she said. “And more importantly, I’m hoping they might be grown by people who perhaps have never grown anything before. This is a low-cost way to try vegetable gardening for the first time.”
She’s hoping that these free seeds might encourage people in Orleans County to try their hand at growing their own food.
The Seed Starting class on Tuesday night at Lee-Whedon was attended by local families and individuals looking for guidelines for starting seeds at home and gardening in general.
“We have been gardening on our own for a few years, and we came tonight for any tips and to see if we’re doing it right,” said Heather Calder of Shelby.
The Get Growing – Seed Starting classes go over the basics for starting seeds at home, from supplies needed to light and moisture requirements. The classes follow a presentation format and then Oakes opened the program to an informal question and answer sessions. Afterward, participants were able to browse through seeds to take home.
“We feel inspired to try some new plants and maybe even attempt indoor gardening,” Bessie Scofill remarked after the class. She attended the class with her husband Mark and their two children Ruth and Isaac.
Following the Seed Starting classes, the Seed Banks will be left behind in each library through the 2019 growing season for patrons to select seeds that they can take and start at home. Oakes will restock the Seed Banks as needed as long as there are seeds available.
By Tom Rivers, Editor Posted 19 April 2019 at 8:09 am
Photos by Tom Rivers
ALBION – This baby duck gets lots of attention from elementary students on Thursday during the annual Mini Farm Day at Albion High School. About 25 FFA members welcomed 560 elementary students to 13 different stations.
Sierra Kast, right, holds the duck while elementary students look in on baby chicks.
Aly Knaak holds her pet hedgehog which was popular with these third-graders.
The hedgehog was new to the Mini Farm this year. The menagerie of animals also included a peacock for the first time.
Mariah McDaniels holds a goat.
Emily Graham, left, and Bryne Dysard take questions from kids about the alpaca.
Levi Coughlin, a third grader, pets the baby duck.
These elementary students walk underneath a large sprayer. Panek Farms and Kast Farms both brought tractors and large farm equipment for the display.
Leah Pritchard introduces students to one of the baby chicks.
The kids enjoyed a close up view of the chicks and other animals.
These two pigs, both 2 months old, are being raised by the Krenning family. The pigs were tuckered out by early afternoon. Olivia Krenning was in the pen with them, taking questions from students.
Medina’s FFA also held its annual Animal Appreciation Day on Thursday, with the student body stopping by to meet a lot of creatures.
