Can Agriprocessors' New "Compliance Officer" Be Trusted?
Rubashkin Staffing Agency Advertises Cheap Mexican Labor
The short answer, I think, is no – he can't be trusted, even though Rubashkin's new "Compliance Officer," Jim Martin is a former federal prosecutor with a sterling reputation.
But that reputation has now come into contact with Rubashkin and his PR machine and his rabbis, and Jim Martin is starting to look…
…less sterling by the second.
Here is Rubashkin PR flack Menachem Lubinsky's press release on Tuesday's meeting-turned-conference call staged by Rubashkin to dispel the "lies," "slander," and media conspiracy aligned against him, as posted on Yeshiva World:
Jewish Community Leaders Briefed on Progress at Agriprocessing
June 25, 2008
An impressive group of Jewish community leaders participated in a 45 minute phone conference briefing last night on developments at Agriprocessors following the federal raid on its Postville plant on May 12th. Menachem Lubinsky, President of LUBICOM Marketing Consulting, whose firm represents Agriprocessors, reported that the plant’s production was approaching pre-raid levels and that shortages have eased significantly. He detailed the ongoing onslaught in the secular Jewish media by Conservatives, Reform and other liberal Jewish groups. “The daily barrage of stories, including faulting Agriprocessors for giving homeless people an opportunity to work were unprecedented,” he said. “In 35 years of practice, I have never seen such a methodical systematic lynch mob in certain Jewish media,” he added.
Jim Martin, a former US Attorney and the new compliant officer at Agriprocessors reported on the many dramatic improvements that were being made in compliance with government regulations. He stressed that he would have “zero tolerance” for anything less than full compliance. He detailed the reputable firms that were hired to retain workers, his hiring of a former OSHA official to deal with plant safety issues, and announced the launch of a new anonymous hotline for workers. Martin said that he would go beyond “fixing any violations” but was absolutely determined to make the plant a showcase of compliance and safety.
Prominent Washington attorney Nathan Lewin briefly discussed some of the legal implications of the raid and also criticized the secular Jewish media for incitement. He urged the Orthodox Jewish community to voice its strong opposition to the disinformation being spread by many secular groups. Many of the participants joined in this call to action. Aaron Goldsmith, a resident of Postville, described the witch-hunt by journalists in his town.
(Lubicom Press Release)
First of all, how "reputable" are those firms Agriprocessors hired to get it workers? According to the Iowa Independent, not very:
…Ryan Regenold, a spokesman for Des Moines-based Jacobson Companies, said his staffing company was relying on two Texas agencies, one in Amarillo and another in McAllen, for recruiting in that state.
"I represent Jacobson Staffing, and we were brought here on June 2 to basically bring in an entire new community -- at least that's how it seems," Regenold said. "There are two outside-sourced agencies that Agri is using that were bringing the people from Texas. As I'm sure most have already heard, they are coming in from Amarillo and McAllen. To shore up that, we are screening those people a little bit better, we will be starting to have them drug screened and background checked prior to their coming to Postville. The wave of people that you might have seen in the past, those causing the police chief to do a little bit of extra paperwork on his weekends, hopefully will begin to stop."…
In other words, at first Jacobson did not screen these people and took almost anyone its two partner agencies could ship.
But it's worse than just that:
One of the firms being utilized by Jacobson is Bravo Labor Agency in McAllen, Texas. Although the company's Web site has been taken off-line, a May 30 cached version of the page indicates that the firm began in 1987. One of the specialties highlighted by the firm is its ability to "lower overhead, with inexpensive labor from South Texas and Mexico." The site also indicates that "all workers" will be drug tested and interviewed, "if needed."
Are those workers from Mexico legal? Not likely.
The website says, "Workers will be legal or able to work in the United States." "Or able"? I think it's more than reasonable to read that as "Workers will be legal or will have fake documentation that will allow them to pass as legal," especially since this statement follows another whopper: "All workers are drug tested and interviewed, if needed".
And were Agriprocessors' homeless hires drug tested? Nope.
Regnold goes on to say his agency pays for the return trips of homeless who are not hired. But these homeless were promised return tickets from the get go, to use if they were not hired or did not like their jobs or living in Postville. But that and much more were lies:
In an interview on KPVL radio, Diana Morris said that she was one of about 15 people who were recruited from an Amarillo shelter. Morris said she was promised $10 per hour at Agriprocessors, 30 days of free housing and a $100 starting bonus. According to Morris, her employment at Agriprocessors came to an end on her third day when, at a doctor's urging, she phoned in sick. She claims that the housing was a four-bedroom facility without electricity or hot water that she was expected to share with 10 male roommates.
Morris told Iowa Independent on Monday afternoon that she had received her paycheck for the work she provided to Agriprocessors and that she was working with other organizations within the community to raise money for a bus ticket back to Texas.
"I was told that I have a place to stay for one more night -- that I'll be evicted tomorrow," she said. "I really hope that everything comes together and that I'll be able to get on a bus tomorrow and go back to Texas. This was a mistake. I believed a bunch of lies."
On Tuesday afternoon, Morris had collected enough money through donations for her return trip home.
The "bad apples" aren't the first to come to Postville for work at Agriprocessors only to seek exit shortly after their arrival. Labor Ready, a Waterloo staffing firm, cited health and safety concerns as the reason it pulled roughly 150 workers out of the Agriprocessors plant 10 days after they started employment there. Another group of workers from the company's Nebraska plant opted to return west, claiming the working conditions in Postville to be far inferior to their original location.…
But what Jim Martin's "reputable" companies and Agriprocessors did is worse than stranding and maltreating workers – they also left them hungry and begging for food:
Paul Rael, director of the Hispanic Ministry at St. Bridget's Catholic Church, said the church's resources for outreach have been severely taxed by all the newcomers.
"[St. Bridget's] operates a food pantry here in town and we've been wiped out on every occasion that we've been open," Rael said. "We have been serving well over 100 people each time that we feel we have zero responsibility for. ... I would plead that these people be given a better advance so that they can better take care of their needs."
Regenold said that Jacobson [Staffing, the company that recruited Rubashkin's homeless workers] does not provide any payroll advances to employees.
"You come here with an opportunity to work -- that's your opportunity to make money," he said. "I'm not going to make any promises or guarantees of money on advancements. Any arrangement that has ever been made with money has been put together directly with Agriprocessors."
[Getzel] Rubashkin, who was in the room and listened to Regenold's explanation of Jacobson policy, did not offer further comment in relation to employee pay advances.…
In other words, Jim Martin lent his credibility to people who accuse the media of "incitement," running a "witch hunt," and a "methodical systematic lynch mob," and non-Orthodox Jews of mounting an "onslaught" against Agriprocessors. And he also lent his credibility to companies that took homeless people from Texas to Postville and left them without money to buy food – and the company Jim Martin now works for, Agriprocessors, didn't feed them.
Jim Martin also lent his credibility to people who claim Agriprocessors production is close to pre-raid levels when that is clearly and unambiguously false.
Sharing the stage with others in Rubashkin's employ (even of that stage is a phone line) means Martin is endorsing their claims – unless he distanced himself from them. But he did not. According to reports, there was no objection from Martin to the language and tone of Lubinsky and Lewin or to the lies they presented as fact.
When you add to that the true nature of the call – the scheduled meeting was canceled because these great defenders of Rubashkin were not confident enough to appear before a crowd they did not wholly control, and the original number of invited attendees, thought to be over 100, was cut down to 20 closely selected friends of Agriprocessors for the conference call – you have a package that calls Martin's honesty and integrity into question.
Martin is another paid consultant, just like Lubinsky, just like Lewin, just like Rubashkin's rabbis and just like 5W Public Relations.
Unless Martin's work is completely transparent and verified by an independent third party, there is no reason to trust him.
If Martin had stayed behind the scenes and not lent his name and participation to Rubashkin public relations, a case could be made to trust the man.
Instead, he jumped into the mud and slopped around with Lubinsky and Lewin.
Jim Martin will never be clean until he walks away from those lies – and away from those who paid for them.

"Jeer at them" with apologies to William Blake
And did the Rebbe's feet in recent time
Walk upon Iowa's fields of green?
And were the illegal Mexicanos
On Iowa's pleasant pastures screened?
And did the ICE helicoptors
Hover over our well-paid shills?
And was Crown Heights builded here
Among these dark Satanic mills?
Bring me my public relations flack!
Bring me my homeless men of Texas!
Bring me my army of wetbacks!
Lie to my critics that afflict us!
I will not cease from PR fights,
I will stick it to the goyishe "Man"
Till we have built Crown Heights
In Iowa's green and pleasant land.
Posted by: Yochanan Lavie | June 26, 2008 at 07:44 AM
"Instead, he (Jim Martin) jumped into the mud and slopped around with Lubinsky and Lewin (and Engelmayer and Eckstein and Pesach Lerner)."
The mud wrestling metaphor is hilariously appropriate. It sounds like something UOJ would say.
Posted by: Archie Bunker | June 26, 2008 at 07:53 AM
Shmarya: not to encourage benefit on the sufferings of victims but you could consider putting together a book proposal on Rubashkin, trying to secure an agent and then getting an advance to do further research and track the story as it develops--this could provide focus as you outline how to provide history/context/background for a layperson reader--yeah yeah I know the book industry are goniffs etc. but to shop a proposal my understanding is that you only need to have an outline and a sample chapter--and you can also investigate self-publishing--
this is a tremendous story -- as institutional scandals tend to be -- and you'd be doing good by doing well so to speak,
Posted by: Paul Freedman | June 26, 2008 at 10:10 AM
Although I'm a secular Jew who is the grandson of Jewish Bund champion, there has to be a way for Orhodox Jews to organize their food supply without systematically and intentionally screwing over their goyisher work force in the Iowan Elysium (putting aside Jewish communal concerns of economic coercion)
Posted by: Paul Freedman | June 26, 2008 at 10:22 AM
Paul,
You ain't seen nothing yet. This is the biggest kashrus scandal in history.
Posted by: | June 26, 2008 at 10:55 AM
Yochanan Lavie: I like your poem. What is the Blake poem it is based on?
Posted by: Aharon Varady | June 26, 2008 at 11:21 AM
Aharon: Thank you for the compliment. It is "Jerusalem," by William Blake. It has been put to music as hymn in the Anglican Church, BTW.
Posted by: Yochanan Lavie | June 26, 2008 at 12:00 PM
YL: Thanks. But also, here's a correction from wikipedia,
"And did those feet in ancient time" is a short poem by William Blake from the preface to his epic Milton: a Poem (1804). Today it is best known as the hymn "Jerusalem", with music written by C. Hubert H. Parry in 1916.
Posted by: Aharon Varady | June 26, 2008 at 01:13 PM
I stand corrected. Thanks.
Posted by: Yochanan Lavie | June 26, 2008 at 01:22 PM
According to Lubicom's press release Jim Martin is hiring "... a former OSHA official to deal with plant safety issues..."
Is the former OSHA official going to take up residence in Postville? Not likely.
This will be a hired gun who will come in, look at safety issues in the plant, write a report, get paid a lot of money, and exit the scene.
This makes no sense.
If Rubashkin wanted to be in compliance with OSHA all he has to do is ask OSHA's Educational Division to conduct a safety audit of the plant. This is a free service - it wouldn't cost Rubashkin a dime.
But, Rubashkin would have to agree to make the changes recommended in the report within one year, or face possible fines.
If Agri, or any firm, were serious about wanting to be in compliance. This is what they would do.
So why hire an outside "former OSHA official" for a lot of money, when the company is strapped for cash? It will be cheaper in the long run to work with government rather then fight, and then be forced into compliance anyway.
Unless its all smoke and mirrors.
Posted by: Smoke & Mirrors | June 26, 2008 at 01:25 PM
Hi again David:
As to corruption in the OU, I want to pass on observations sent to me from Rabbi Yoel Weisshaus, a former employee of the OU.
Also, I have received confidential information from very reliable souces, that Rabbi Seth Mandel, present head of OU Kashrut, years ago, pressed the OU to pull its certification from Rubashkin for abuses that PETA later verified, but backed down after being threatened with termination.
--------------------------------------------------------------------
Rabbi Yoel Weisshaus on the OU
I do want to share with you some insights how the OU works from my
personal knowledge working with and working for the OU.
The OU is a very professional business that is being operated on a multi-million dollar level. The OU has set their business team in many different ways:
1) Marketing
2) Share holders (stocks etc.)
3) Money operations
4) Their approach to people with different interests
Let’s go now through those guidelines:
Marketing: Marketing is a very important topic in the OU
A: They are very much on the outlook to make sure people respect them and have a fear of their words.
B: If you go on the OU web site, you can see even with blind eyes what I'm talking about (www.OUkosher.org) On the OU web site, you will see a whole different approach than any other kosher website on earth. The OU talks non-stop what a great thing it is for a company to carry their label on their product. "But they talk about great having of the OU label non-stop." They talk very little about actual kosher.
C: The OU has a whole bunch of rabbis that work for them just to
keep the highest word on the street. For example, Rabbi Belsky of Flatbush (a very popular rabbi and a Rosh yeshiva), has nothing to do with any thing the OU is doing in general, but whenever the OU is in big trouble, Rabbi Belsky is the one standing up to talk in public, (“that the problem is not a issue”) and he will just repeat the exact words of whatever the office told him to say (I don't know if you know but in the past winter there was a major attack against the ALLE processes, that they do not operate their kosher levels of the beef in accordance with halacha and Belsky was the one to stand up and defend the OU, but thank G-d he was shut down by a friend of mine)
Share holders: As you hear me clearly very well, the OU is very big (under ground) in the stock market of Wall Street - the OU invests in stocks of small and big companies and gets enough of a big share to have a say in the company and asks it to put their label on the companies’ products and still charges them a certification fee etc. Now do the calculation; the OU makes a fortune of money just by investing the stocks - now the OU is making a additional 10,000+ for the certification - now the stock of company is going up because they just gained more customers because of the kosher label and now there is more money in here (the OU has been saying that some beer company had a 30% increase in sales with their label)
Money operations:
Beside the money the OU is collecting business-wise, they fund raise millions of dollars for all sorts of work, including kosher work.
Their approach to people with different interests:
This is a very important part to understand how the OU talks and acts to people with any sort of different interest against them - the OU will act into that persons face on any concern like that rabbi or individual does not know what they are talking about and will ask them wired questions that will hurt that person’s feelings. For example, if PETA would approach the OU with any concern, even a minor one, the OU will act towards PETA like they would be the worst people on the planet (even we all know better then that) Check that web site: http://amashgiachspeaksout.com/index.htm and you will understand the real picture of the OU (I actually spoke to that rabbi Isaac Bitton and he is being sued by the OU for 10 million dollars)
Therefore, I would like you to understand that OU is not interested in any public opinion. They have multi-million dollars to operate and they
won’t give it up. My strong opinion is, again, to attack the
OU with their assets and demand from all sorts of companies to simply
leave the OU for good in a counter protest (like SEVENTH GENERATION
-friendly environmental - carries an OU)
--------------------------------------------------------------------
Posted by: John K. Diamond | June 26, 2008 at 02:00 PM
Nathan Lewin criticized the secular Jewish media and called for opposition from Orthodox Jewish groups?
I thought he was a constitutional lawyer.
Hasn't he heard of freedom of the press?
Posted by: Carol Ann Varley | June 26, 2008 at 04:52 PM
It was not the OU who sued Isaac Bitton, it was the *French bastards from Le Marais with Juda Engelmayer by their side.
* Owner Jose de Mereilles is actually a French wannabe who is Portugese.
Posted by: Archie Bunker | June 26, 2008 at 05:28 PM
The OU touting Belsky for PR points is a joke. The Agudah no longer lets him speak at their events because they think he is bad for business and a good part of the Torah Vodaath board wants him out.
Belsky is a thug who uses the corrupt beth din network for thuggery and profit.
Posted by: Archie Bunker | June 26, 2008 at 05:31 PM
Jim Martin is a stand up guy - very capable of pushing back, and there is no way (regardless of how politically correct he may play it in public) he is going to be bullied into "business as usual".
Look for big improvements OR him moving on to other opportunities inside of 6 months.
Posted by: rebitzman | June 26, 2008 at 06:11 PM
rebitzman:
I give it 3 months depending on when indictments are served and if Rubashkin can pay his suppliers, pr firms and Martin. Anyone else want in on the action?
Posted by: Smoke & Mirrors | June 26, 2008 at 08:26 PM
How long Jim Martin stays is far less important than when Rubashkin goes out of business for good.
If the consumer boycotts hold and grow in numbers, cattle ranchers follow through on their demands of up-front cash payments or boycott Rubashkin completely, as some rumors have it, the Rubashkin Animal Enterprises have, at most, 6 months to live. If Rubashkin and others are sent to prison, the time should be far shorter.
Posted by: John K. Diamond | June 26, 2008 at 08:59 PM
cattle ranchers follow through on their demands of up-front cash payments or boycott Rubashkin completely, as some rumors have it
Again, all cattle sales are bonded. If Rubashkin doesn't pay, then the feds go after him and the dealers are paid from the bond.
And, so far, the "boycotts" are small in number and scope.
What you have instead is an extreme drop in Agriprocessors production, and consumers looking for other sources to fill the gap.
Posted by: Shmarya | June 26, 2008 at 09:04 PM
Where is YU getting its meat? What about the MO shuls in Manhattan and Teaneck?
I haven't heard of any boycotts there. Not in the haredi world, either.
Posted by: Shmarya | June 26, 2008 at 09:06 PM
"Belsky is a thug who uses the corrupt beth din network for thuggery and profit."
And Archie Bunker is a pigmouth in desperate need of attention.
Posted by: meyer | June 26, 2008 at 09:24 PM
B"H
Nathan Lewin criticized the secular Jewish media and called for opposition from Orthodox Jewish groups?
I thought he was a constitutional lawyer.
Hasn't he heard of freedom of the press?
Posted by: Carol Ann Varley | June 26, 2008 at 04:52 PM
Freedom of the press includes his right to criticize them and call for opposition from Orthodox jewish groups etc.
Freedom of the press limits what the government can do not what private parties can say or reply.
Posted by: Ariel Sokolovsky www.Moshiach.ws | June 26, 2008 at 10:49 PM
"And, so far, the "boycotts" are small in number and scope."
There is much unnoticed momentum actually because people are boycotting Rubashkin as individuals instead of as organized groups a la YCT. There are also some rabbis in the modern, yeshivish and chassidish worlds who no longer allow Rubashkin in their shuls or eat it at home or outside the home. Some of their congregants are following suit.
Posted by: Archie Bunker | June 27, 2008 at 12:22 AM
"Where is YU getting its meat?"
The problem here is that R' Hershel Schechter is with the OU and the RCA division of the OU is playing Pesach Lerner's game. It's possible that Rabbi Schechter does not eat Rubashkin himself (even Belsky has stopped eating Rubashkin) but it hasn't really dawned on anyone that they should ask RHS what he thinks. They just assume he backs Rubashkin alongside the OU and don't bother to verify anything. I know because I have argued this point with his disciples.
I happen to have inside information that the top brass of the RCA can't stand the Rubashkins but are naive enough to believe that there are no kashrus problems and that KAJ would have dropped out sooner if there were. They of course also get to score political points by taking a contrarian stand from YCT.
Posted by: Archie Bunker | June 27, 2008 at 12:31 AM
Rubashkin has lost several significant customers and these numbers are swelling by the day.
There must be industry insiders who can calculate the dollar value of these clients who have turned to alternate suppliers:
Trader Joe's (nationwide)
Eagle (Pittsburgh area)
All supermarkets in Northern California
Fresh Direct (internet)
Several Florida supermarkets
Some Ohio supermarkets
Most supermarkets in Texas
Institutional customers among the Conservative movement
There are no doubt others who have not been reported on in the media.
The fact is there huge shortages all over the US (and probably also the Western half of Canada). Lubinsky will downplay this as "spot shortages" and 5W trolls will deny even that.
Posted by: Archie Bunker | June 27, 2008 at 12:41 AM
It seems that some have been embellishing Engelmayer's position with Carl McCall as he was only a low level staffer.
http://www.5wpr.com/about5wpr/management.cfm#4
Juda S. Engelmayer, Senior Vice President, Corporate & Governmental Issues practice has significant experience in media, communications, public relations, and public affairs. At 5W, he directs PR efforts for a host of corporate, political, advocacy and policy groups and individuals in national and international arenas. He deals with public campaigning for clients, direct advocacy and positioning, and manages a team of PR professionals who handle issues of current public debate, as well as issue oriented corporate, financial, and philanthropy related matters.
Prior to joining 5W, he served as the American Jewish Congress’ Chief Communications Officer where he established himself as a key player in building the stature of the 87 year old agency. Beyond that, he was a VP at Rubenstein Associates, a New York based PR firm, where he handled accounts spanning foreign governments, entertainment, non profits, healthcare and medical research clients. Initially serving as an executive assistant and assistant press secretary to H. Carl McCall, the New York State Comptroller, he handled media and communications matters, and was part of the campaign process that saw the first ever NY Statewide elected African American elected two times.
Email: Jengelmayer@5wpr.com
Posted by: Archie Bunker | June 27, 2008 at 08:49 AM
http://news.newamericamedia.org/news/view_article.html?article_id=12175fef75483ab07c65eedbcdc256f4
Juda Engelmayer, 5WPR senior vice president, says he can't give any specifics on the degree to which the plant has recovered personnel or production.
Engelmayer flatly denies some former Agriprocessors workers' charges that the plant had a systematic policy of leaving overtime unpaid, looking the other way when underage hiring occurred, and alleviating undocumented workers' fears by telling them immigration was being paid off.
Engelmayer notes that former Missouri U.S. Attorney Jim Martin has now been hired as chief compliance officer at the plant.
"He's a no-nonsense kind of guy and he's not going to put his name on anything shady," he says.
Posted by: Archie Bunker | June 27, 2008 at 09:52 AM
Ariel, don't you mean freedom of speech?
BTW, read the gospel of Mark. Jesus definitely says ALL food is kosher!
Posted by: Carol Ann Varley | June 27, 2008 at 02:02 PM
Carol Ann - no one on this board actually gives a rat's rear what a mamzer had to say on the subject.
Posted by: rebitzman | July 01, 2008 at 10:12 PM
I have been the victim of Rabbi Belsky's one sided approach to everything.
Have you ever heard Rabbi Belsky ask for your financial support? I have. Only to learn that it was for a ficticious fund!!!(I have proof)
Rabbi Belsky is more connected than I thought.(Rabbi Relbag included) Where would you reccomend I go to get some justice?
I need to know ALL outlets that I can turn to for my voice to be heard( All newspapers, websites, people, phone numbers,etc)
This non-sense that R Belsky thinks he is untouchable, (I'm starting to beleive it myself) needs to stop.
Posted by: Moshe | September 21, 2008 at 08:33 AM