RCA: Believe Rubashkin, Not Workers, Not Evidence

As you read this new RCA "policy statement" issued today, keep in mind that as of early last week almost 300 of those arrested at Agriprocessors in the largest immigration raid in US history had already pleaded guilty or been convicted. And realize these pleas and convictions are nowhere mentioned in the RCA's statement:

RCA Issues Statement re Agriprocessors
Regarding Recent Developments at Agriprocessors Meat Processing Plant in Postville, Iowa

Jun 3, 2008 -- The Rabbinical Council of America has been following recent developments taking place at the AgriProcessors kosher meat plant in Postville, Iowa. Like many others, both within and beyond the Jewish community, we have been concerned to determine the facts and the realities surrounding the many reports that have appeared in the print and online media, so as to respond appropriately, and responsibly.

Given the gravity of the allegations, and the potential impact on the Jewish community and kosher consumers, it would be inappropriate to rush to judgment before all relevant facts are clarified. It is important to keep in mind that to date conflicting reports have been issued, denials of improper behavior have been heard, and the recent events have occurred against a background of long-standing conflicts involving competing interest groups. Nonetheless it is important even at this time to clarify what in our view should be guiding principles in addressing this issue, once the facts will be known.

Relevant Principles of Jewish Law
The Torah, Halacha, and our sacred tradition require that we show ethical sensitivity on many levels:
1. We are required to respect our fellow human beings, who must be treated with fairness and dignity at all times. This applies whether they be Jew or non-Jew, rich or poor, and for that legal or illegal immigrants.
2. Inseparable from the requirement of ethical treatment of our fellows is the requirement to not judge them prematurely, without knowledge of the facts, and without providing an opportunity to rebut allegations in appropriate fashion.
3. We are required to obey all of the laws and regulations of the land if promulgated lawfully, and enforced without discrimination, to adhere to them in letter as well as in spirit, whether or not we approve or make sense of them.
4. We must show sensitivity to needless animal suffering, preventing it where possible, and minimizing it when unavoidable. This is particularly true when it comes to practicing humane methods of animal slaughter, a matter of great concern to rabbis in every generation.
5. We must above all take every reasonable step to prevent the disgrace, even in appearance, of the Jewish people and the Torah. Thus even if an act is technically permitted, if it nonetheless brings discredit to us and our faith, be it in Jewish or non-Jews eyes, it must be avoided.

Public Interest Principles
The availability of reliably supervised kosher meat (as with other kosher food) at a reasonable cost to the consumer is essential to Jewish life (and indeed to many who are not Jewish.) This requires an appropriate understanding of current business models as well as the requirements of Jewish law in providing and supervising such products.

Without necessarily impugning the current motives of various parties involved in any given dispute, we must keep in mind lessons learned during the course of the long history of unwarranted attacks on kosher slaughter practices in Europe and elsewhere, carried out by groups with agendas of their own.

In this connection one can raise for consideration whether or not the laws of the land, in themselves entirely legal and proper, have been consistently enforced, or whether a particular group or company has been singled out for such enforcement or legal action.

The Proper Parameters of Kosher Food Supervision
There are some who have called on kosher supervising agencies to take responsibility for comprehensive supervision of all "ethical" aspects of the kosher food industry. They would have rabbis provide informed and reliable judgments regarding financial auditing, human resource department practices involving hiring, firing, promotion, workplace safety issues, treatment of animals, tax and financial compliance, compliance with immigration law, et al. In our view such expectations of kosher supervising agencies are unreasonable, impractical, and without merit. Kashrus agencies do not have the expertise, resources, or enforcement powers to adjudicate such matters.

Extending kosher supervision to the full gamut of business practices raises many difficult questions. For instance, do we want ethical certification of practices involved in the production and distribution anywhere in the world of clothing, appliances, and furniture? This type of certification requires very different skills, and a very different arena of activity, from that involved in kosher certification. It requires looking at the company's books, human resources practices, suppliers and distributors, all by experts in the field – at significant cost to the consumers who, even if such broad-ranging review is possible, will end up paying for such investigations.

On the other hand it is certainly appropriate for supervising agencies to incorporate into contractual agreements from the outset, an expectation of adherence to the principles outlined above. It is also appropriate that if improper practices are found to have occurred as a result of regulatory or other substantiated revelations, the kashrus agencies should review their relationship to the businesses involved. Such review should consider, and balance, all of the relevant factors, including
a. The nature, severity, and frequency of the infractions involved. Who was responsible for them – ownership, management, a failure in oversight by government or other supervisory agencies?
b. The likely impact on kosher consumers of continuation or discontinuation of supervision, including the availability and cost of the products in question.
c. The likelihood of continued improper activity by the company, versus its willingness to improve its record going forward in verifiable fashion.

The Rights and Responsibilities of Individual Consumers
Kosher consumers certainly should be free, at any time, to choose to purchase kosher products based on whatever halachic or ethical criteria they value. Some may choose to withhold their business even on the basis of rumor or media reports until such time as the facts emerge. That is their right.

At the same, in the absence of hard facts, they too should exercise appropriate restraint, and not rush to premature judgments that might unnecessarily imperil the availability or affordability of kosher products and services, or impute guilt where none, or little, exists.

They should also be wary of any group that would seek to exploit the kosher food industry, or any particular company, based on ulterior motives of an economic, philosophical, or even religious, nature. Here the principle of caveat emptor, in its broadest meaning, applies.

Conclusion
In the matter of recent allegations against Agriprocessors and its company policies, the RCA is certainly concerned at news reports published to date. But both Jewish Law (Halacha) and civil law require a presumption of innocence by all parties, including the concerned public, as well as an understanding of the broad implications involved on all sides, until the facts will have been clarified, especially in a case that is as complex as the one at hand.

A few quick points:

1. Rabbis are not taught mechanical engineering or food chemistry as part of smicha (ordination). Yet rabbis working for the OU must regularly make kashrut decisions based on both fields of study because of the nature of modern food production. How is this achieved? The OU sought out expert advice while at the same time hiring rabbis with secular educational backgrounds in these fields.
2. Yet, the RCA would have you believe that expertise in basic legal compliance – is that worker being paid at least minimum wage? is he allowed enough break time each shift to eat a meal and attend to his personal needs? are employees being openly mistreated? – is beyond their capability.
3. The RCA therefore leaves compliance of basic Jewish ethical law (as opposed to ritual law – kashrut) completely in the hands of the government, which it then criticizes for not doing its job.
4. Using the same logic, the RCA should leave the composition of foods – the ingredients – up to government labeling laws. Why should the presence of a mashgiach (rabbinical kosher supervisor) be necessary?
5. This appears to demonstrate that, to the RCA, ritual laws (the laws between man and God) are more important than Jewish ethical laws (the laws between man and man). But that is in itself a perversion of Judaism.
6. The RCA persists on treating all evidence against Agriprocessors and the Rubashkin family as unproved, even though many allegations are supported by multiple sources and have documentary evidence – like pay stubs – to support them. And the RCA totally ignores almost 300 convictions already on the books, and the large volume of regulatory enforcement against the company – and against the Rubashkin family personally. It is as if these allegations were made in a vacuum.
7. The RCA plays the PETA / Conservative Rabbis - Hechsher Tzedek card. In the RCA's world, all messengers are suspect and all Rubashkins are clean.
8. The RCA attempts to stop boycotts against Agriprocessors.
9. The RCA seems much more concerned about availability of kosher meat than it does about the massive criminal enterprise used to produce that meat or the hundreds of exploited workers often forced to produce it.
10. The RCA also plays the antisemitism card, questioning whether the law has been enforced against Agriprocessors but not against other, non-Orthodox-Jewish-owned businesses. To date, while the raid against Agriprocessors is the largest of its kind in US history, the vast majority of raids and enforcement efforts have been against non-Orthodox, non-Jewish-owned companies.

This RCA statement is a reprehensible document issued by an organization that, in truth, is wholly dependent on the OU for its existence.

But make no mistake about it, Orthodox Judaism has been very clear. It isn't how much you abuse or hurt your employees that matters – as long as you don't get caught or outed.

All that matters to Orthodoxy is the minutia of kashrut, production lines koshered at 212º rather than 198º and the like.

And that is Orthodox Judaism's message to the world, its sine qua non of existence, its 'light' unto the nations. How sad.

[Hat Tips: Steve and Nigritude Ultramarine.]

Comments

[formely frum]

Kashrus agencies do not have the expertise, resources, or
enforcement powers to adjudicate such matters.
Why is the same argument not made regarding rabbis/teachers who
Molest children. By now it is evident to all that the powers to be
cannot deal with this matter.
Secondly, the RCA fails to mention that we are dealing with a
company individuals with a history of wrong doing.
In addition they say do not jump to conclusion regarding the
boycott, however at the same time the mere rumor that the meat is
not kosher, then they, would approve a boycott in a NY minute
http://en.wikipedia.org/wiki/Aaron_Rubashkin
http://en.wikipedia.org/wiki/Moshe_Rubashkin

Posted by: | June 03, 2008 at 03:25 PM

[mordecai]

This sounds like massive damage control. German citizens in WW II, even those who lived near concentration camps, did not see, did not hear and did not know despite the fact that the evidence was all around them.

While I do not intent to compare the genocide of the Nazis to the Rubashkin situation, it is also most interesting that many in the Jewish establishment also wish to wallow in blissful ignorance until numerous governmental agencies descend upon Agriprocessors for all to see.

Now the RCA makes self=serving statements of the "Mom and Apple Pie" variety while still hedging their bets with admonitions relating to the presumption of innocence.

They wish by this statement to be all things to all people. It demonstrates a lack of courage and will in its most fundamental way.

[Yochanan Lavie]

I now know what RCA stands for: Rejecting Credible Allegations.

[steve]

however at the same time the mere rumor that the meat is
not kosher, then they, would approve a boycott in a NY minute

There are more than rumours regarding the non kosher status of the meat, but they willingly choose to ignore it. There is too much $$$$ at stake for all involved. Therefore the agencies and rabbinical authorities kow tow to Rubashkin's demands of no accountability regarding labeling and shipping, as well as no kashrus inspections with an appt. Add to that Weissmandel's $5,000 penalty clause for all workers to keep their mouth shut, and you start to get the picture of the kashrus coverup. Also, let us not forget the retired mashgichim still on the payroll.

[Ma Rabbi]

The only thing proven against Rubashkin is that he hired illegal immigrants. So do half the business establishments in this country. I personally pay more money to buy David Elliot chickens and meat whenever I can. Because they have a higher standard of Kashrut.
Consevative and other Jews who are only marginally Kosher will not give up eating meat. If there is no Rubashkin meat in the supermarket, who knows what they will buy.

[Shmarya]

Consevative and other Jews who are only marginally Kosher will not give up eating meat. If there is no Rubashkin meat in the supermarket, who knows what they will buy.

Something kosher?

~~~~~~~~~~~~

The only thing proven against Rubashkin is that he hired illegal immigrants. So do half the business establishments in this country.

At the very minimum, he had many more illegals per capita workforce than others.

And you miss the entire idea of credible allegations backed up by pay stubs and other documents.

[Neo-Conservaguy]

The availability of reliably supervised kosher meat (as with other kosher food) at a reasonable cost to the consumer is essential to Jewish life (and indeed to many who are not Jewish.) This requires an appropriate understanding of current business models as well as the requirements of Jewish law in providing and supervising such products.

Cheap "kosher" meat has fueled a level of carnivorous glutony that has almost literally reached biblical proportions of quails coming out the noses of frummies. It's yet another recent historical development that is being read backwards into the understanding of Jewish diet ideals - and I write this as someone who enjoys chicken on Erev Shabbat and an occasional beef/bison hamin.

[Yochanan Lavie]

Large companies can give discounts due to economies of scale. But once they drive their competitors out of business and become monopolies, or near monopolies (or collaborate with competitors to form trusts), they drive up their prices for their captive markets. So I am not sure Rubbishcan would remain cheap forever.

[rebitzman]

++Consevative and other Jews who are only marginally Kosher will not give up eating meat. If there is no Rubashkin meat in the supermarket, who knows what they will buy.++

Marginally kosher?

Well, as one of the "marginally kosher Conservative Jews" you describe, I can tell you that my family simply found another source. Had to pay extra for shipping, but keeping kosher was never about saving money.

[Neo-Conservaguy]

rebitzman: right on, brother.

[Jake]

Coneservative Judasim is marginal interms of kosher meat consmption.
Approximatly 10% of self identified conservative jews keep kosher at home.

I wish the numbers were greater but they are not.

There are fewrelativly few conservative rabbinic hecsherem and they are generally given to smal local providers i,e, bakeries etc.

Also th eConservative movement in terms of kashrut on many ( not al issues ) tends to follow the guidelines found on the R. Abadi website vis a vis kashrut supervision and kosher foods.

As to the RCA and Orthodox Rabbinate. well this is wha is kosher. You can have a sote that has mainly illegal alien workers. Youcan bring dozens of cases were the storeowner has short changed the customers. Show that the sotre owner rewraps meat that past the sell by date etc. And the kashrut agency will say so?

Now if the sotre owne is going to violat emu;tiple state and federal laws to make abuck. Literally steal fomr customers etc , we shoul daccpet the kashruts agencies legitimacy if they continie to give a ecsher? Thats what they want.

As interesting side note. Ben;s Deli chain inthe NY area serves Hebrew National meat which i skoshe rbu tnot glatt. They ar eopen on shabbes. But they are CLOSED for Pessach. They sell food for pessach, kneideilach , gefilte fish but advetise that the food itself is not kosher for Passover. I would sooner eat in their facility than many places that have legitmate ortho hecsherim.