Published Sunday July 27, 2008
Teenager who worked at packing plant says he felt like 'a slave'
THE NEW YORK TIMES



POSTVILLE, Iowa — When federal immigration agents raided the kosher meatpacking plant here in May and rounded up 389 illegal immigrants, they found more than 20 underage workers, some as young as 13.

Now those youths have begun to tell investigators about their jobs.

Some said they worked shifts of 12 hours or more, wielding razor-edged knives and saws to slice freshly killed beef. Some worked through the night, sometimes six nights a week.

A Guatemalan named Elmer L., who said he was 16 when he started on the plant's killing floors, said he worked 17-hour shifts, six days a week.

In an affidavit, he said he was constantly tired and did not have time to do anything but work and sleep.

"I was very sad," he said, "and I felt like I was a slave."

At first, labor officials said the raid had disrupted federal and state investigations already under way at Agriprocessors Inc., the nation's largest kosher plant. The raid has drawn criticism for what some see as harsh tactics against the immigrants, with little action taken against their employers.

But since the arrests, investigators have reaped a bounty of new evidence from the testimony of illegal immigrants — teenagers and adults — who were caught in the raid. In formal declarations, immigrants have described pervasive labor violations at the plant, testimony that could result in criminal charges for Agriprocessors executives, labor law experts said.

Out of work and facing deportation proceedings, many of the immigrants say they now have nothing to lose in speaking up. They have told investigators that they were routinely put to work without safety training and were forced to work long shifts without overtime or rest time.

Underage workers said their bosses knew how young they were. It is illegal in Iowa for a company to employ anyone under 18 on the floor of a meatpacking plant.

In a statement, Agriprocessors said it did not employ workers under 18 and would fire any underage worker found to have presented false documents to obtain work.

To investigate the child labor accusations, the U.S. Labor Department has joined with the Iowa Division of Labor Services in cooperation with the State Attorney General's Office, officials for the three agencies said.

Sonia Parras Konrad, an immigration lawyer in private practice in Des Moines, is representing many of the young workers. She said she had so far identified 27 workers under 18 who were employed in the packing areas of the plant. She said most are illegal immigrants from Guatemala, including some who were not arrested in the raid.

At a meeting here Saturday, three members of the House Hispanic Caucus — including its chairman, Rep. Luis V. Gutierrez, D-Ill. — heard seven immigrant minors describe working in the Agriprocessors plant.

Gutierrez said the fallout from the raid accomplished nothing but showing the folly of large-scale immigration raids.

"This is wrong," he said. "We've taken men and women who want to work and made felons out of them."

Also attending were Reps. Albio Sires, D-N.J., and Joe Baca, D-Calif.

Other investigations are also under way. The Equal Employment Opportunity Commission is examining accusations of sexual harassment of women at the plant. Lawyers for the immigrants are preparing a suit under the federal Fair Labor Standards Act for wage and hour violations.

Federal prosecutors are focusing on immigration charges, but they may also be looking into labor violations. Search warrant documents filed in court before the May 12 raid cited a report by an immigrant who was sent to work in the plant by authorities as an informant.

The immigrant saw "a rabbi who was calling employees derogatory names and throwing meat at employees."

Jewish managers oversee the slaughtering and processing of meat at Agriprocessors to ensure kosher standards.

In another episode, the informant said a floor supervisor had blindfolded an immigrant with duct tape. "The floor supervisor then took one of the meat hooks and hit the Guatemalan with it," the informant said, adding that the blow did not cause "serious injuries."

So far, 297 illegal immigrants from the May raid have been convicted of document fraud and other criminal charges, and most were sentenced to five months in prison, after which they will be deported.

A spokesman for Agriprocessors, Menachem Lubinsky, said the company could not comment on an active investigation.

Reports of labor violations at the plant "remain allegations only, that no agency has charged the company with," he said.

The Agriprocessors kosher plant here has been owned and operated since 1987 by Aaron Rubashkin and his family. His son Sholom was the plant's top manager until he was removed by his father in May after the raid.

This report includes material from the Associated Press.



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