Orthodox Rabbis And Blatant Double Standards – How The RCA Ignored Its Own Policy And Covered For Agriprocessors

In 1999, the Rabbinical Council of America passed a policy resolution, Human Law and Dignity, in support of workers' rights.

That resolution, reprinted below, mandates the RCA and its constituents to "speak out vigorously" against unsafe working conditions.

Yet, despite Agriprocessors horrific safety record, the RCA…

…did not speak out against Agriprocessors. It did not insist that the OU remove its kosher supervision. It did not support the UFCW attempts to unionize. It did not speak out against exploitation of workers by Agriprocessors.

The RCA stood by in silence while workers suffered greatly.

Here is the resolution:

Human Law and Dignity 1999
Jun 1, 1999 -- Human Law and Dignity

Jewish law commands us to uphold tile dignity of all workers regardless of their station or task. Relations between employer and employee are spelled out explicitly in the Torah.

Agricultural workers, many of whom are migrants, remain among the most wretched segments of our society, victims of scandalous living conditions and wages. They are routinely denied healthcare and education for their children, ensuring that they will remain on the bottom rung of our society. Migrant workers are regularly deported to their countries of origin and deprived of the opportunity to better them while their employers benefit from their inexpensive labor.

At the same time, modem technology has brought with it new problems for the work force along with benefits for all Americans. For example, workers in factories may be exposed to dangerous chemicals or radiation, the effects of which are not recognized or diagnosed for many years. Recent class actions suits brought by tile victims of serious work related disorders point up the need for scrupulous research into occupational hazards.

As the need has arisen, workers have organized themselves to preserve the dignity of human beings and protect them from exploitation. The RCA is proud to have been one of the first national Rabbinic bodies to have supported the United Farm Workers [union] in their efforts to organize the vineyards and produce fields of California. Similar efforts are underway in other areas of the country where migrant laborers are found.

We therefore resolve that:

The RCA and its member congregations reaffirm their support for the United Farm Workers [union] in their struggle to bring justice to all agricultural laborers.

The RCA strongly supports legislation to ban sweatshop labor and to hold contractors responsible for any subcontractor exploiting their workers.

The RCA and its constituents shall speak out vigorously whenever human dignity is compromised by unsafe working conditions.

RCA Human Law And Dignity.pdf

[Hat Tip: Jewschool.]

Comments

[Brian Cuban]

The Agriprocessors Raid brings up many different issues. I do not think the Rubashkins have heard the last of the federal government.

Kosher Gate

[Jake]

The RCA is a trade union for rabbis. Nothing more, nothing less.

Does anyone think that when push comes to shove they are going to be the first ones to come out against fellow Ortho rabbis? They would sooner give Hooters a hecsher for cholov yisrael.

They will wait for convictions. Taking the approach that they don't have the abilty to judge......

[Archie Bunker]

http://www.wcfcourier.com/articles/2008/08/21/news/regional/10554892.txt

He allegedly told employees they needed new IDs and Social Security numbers to continue working, court documents allege.

Records state company officials were concerned about ICE agents moving into the National Cattle Congress grounds in Waterloo earlier that month.

Guerrero-Espinoza faces up to five years in prison and a $250,000 fine on each of the two counts.

Assistant U.S. Attorney Pete Deegan told the court that under the deal, Guerrero-Espinoza faces a base sentence of four or five years behind bars. This includes a two-year enhancement for "dismissed and uncharged conduct."

Deegan declined to say why the deal was sealed. He also declined to discuss the fate of an earlier indictment which levied related charges at Guerrero-Espinoza.

Assistant U.S. Attorney Bob Teig declined comment when asked if Guerrero-Espinoza would be required to testify against others as a condition of the plea agreement.

Magistrate Jon Scoles told Guerrero-Espinoza he would likely be deported after serving his prison time and would be barred from returning to the United States while he was on supervised release. He said the conviction may have repercussions on his ability to return to the country.

Returning illegally while on supervised release could mean Guerrero-Espinoza would have to serve 10 years in prison, Scoles said.

His immigration status isn't directly connected to the criminal case, and decisions about those issues will be addressed in a separate immigration court.

[critical_minyan]

When Rabbi Herzfeld, a member of the RCA, stood up for the lofty principles spelled out in this resolution he was villified and condemned by the heads of that organization.
Just as the actions of the RCA contradict the principles of their resolution, the actions of the Rubashkin distort the meaning of the laws about Kosher and the principles of the Torah.
Obviously the whole situation is embarrassing to the RCA and they wish it would just go away.
Thanks to you Shmarya, for continously focusing on this story and exposing the shenanigans at this plant, the story is not going away,
I think you deserve a Pulitzer.

[Archie Bunker]

http://uriltzedek.webnode.com/news/thomas-miller-iowa-attorney-generals-office/

2008-08-15 15:46
While we stood outside the church, we spoke Thomas Miller, Deputy Attorney General of Iowa. Over the course of our visit, Hispanic teenagers had been walking in and out of the St. Bridget's rectory accompanied by professionals. We asked what this was about, and he stated that it was part of the Department of Justice Investigation into child labor allegations at the plant. He could not comment further, but wished us well.

[Archie Bunker]

http://uriltzedek.webnode.com/news/inez/

Inez worked at the plant for 3 years in the chicken department. She stated that she made $6.25 when she started and ended at $6.75 when she finished. When asked, Inez was not aware that $6.75 was under the state minimum wage. She described what were for her very stressful and fearful conditions: supervisors who yelled, rapidly moving lines, and fear for her job. She also said that supervisors would often not allow workers to go home until all orders were complete. This meant that she would often begin her day at 9:30 am and stay at the plant until 10:00 or 10:30 pm, knowing that if she did not she would lose her job. Inez also stated that she was sometimes not paid for all the hours she worked, and that she was not paid for overtime.

Regarding other workplace conditions, Inez reported that she was forced to purchase a car from her supervisor to keep her job. She couldn't remember if the car cost $2,000 or $2,500. She also reported that a few weeks before the raid, supervisors told employees at the plant that they had to change their social security numbers. The supervisors, Inez reported, offered to sell new numbers for $200 which Inez did not have, so she did not purchase a new one. When was asked if children were working in the plant, Inez told us that she had three 16 year old cousins who had been working there.

When asked if she was ever hurt on the job, Inez told us that she was once cut deeply on her ankle and received a piece of ice from someone in the stock room. She also told of two cousins, one who had lost his hand and one who had lost his fingers.

[Archie Bunker]

http://uriltzedek.webnode.com/news/maria/

Maria had worked in the plant for the previous nine years in the beef department.

There were multiple periods a year when she had to work from 7 am until 2 am, and then be back at work at 7 am the next day. When asked about overtime, she wasn't sure if she had been paid overtime for that work or not. Maria stated that she was not really able to read English or understand her paychecks. Maria's son is five years old. We asked whether she worked while she was pregnant and after he was born. She told us that she was given 12 weeks of unpaid maternal leave. She said that she felt lucky that she received this; many others were not able to return to work.

[Paul Freedman]

I think most accept that a damning circumstantial case en toto has been presented against AgriP management in the field of worker's relations and that criminal or incontrovertible civil action will be taken by the state against AgriP. If that does occur I would think that the boundary conditions for this controversy change--that reocognized norms of "customs of the land" would compel "establishment" re-consideration of continued certification, the next state actions would make theoretical ambiguities even passe...

[state of the Jews]

Sorry Paul, but I think the OU will say that a new CEO changes everything and therefore, the "old" Agri is not the "new" Agri, so they can continue to provide the company with cover.

The fact that the owners still call the shots will be totally ignored.

IMHO Uri L'Tzedek targeted the wrong organization.

[Archie Bunker]

http://yudelsreports.blogspot.com/2008/08/rabbi-weismandels-rubashkins-report.html

[Archie Bunker]

What does Getzel have to say about rabbonim agreeing with Bloom's report that Rubashkin mashgichim have often been lowlives that don't make it anywhere else? More specifically that they have been hanging out in local bars and bringing forbidden women to fool around with to the motel or even the upstairs of the Postville shul.

[JW]

Shmarya, this is an important post -- it just shows how the RCA has changed dramatically over the past ten years. The Rubashkins scandal and the RCA's response just illustrates a general failure of the leadership of the RCA to take Choshen Mishpat and dina dmalchusa issues seriously. While I am sure that the members of the RCA take dina dmalchusa issues seriously, they are probably not aware that a member of the Vaad Haposkim of the RCA (who is probably not even a member of the RCA and is very far removed from the YU world) made shocking comments a year ago in Teaneck about the application of dina dmalchusa dina in the USA and our obligation to keep certain halachos in Choshen Mishpat. The community was outraged and I doubt that this Rabbi will ever be permitted to appear in Teaneck again. However, I know for a fact that the RCA leadership was made aware of this Rabbi's statements and did not take any action. The extent of the RCA cover up (which included the help of one YU Rosh Yeshiva) would be front page news in the Jewish Week if it were ever exposed. I am sure that the RCA leadership does not agree with this Rabbi's statements but their tepid reaction to the entire affair demonstrates a lack of seriousness about these matters that would have been unthinkable in the RCA of ten years ago. The Rubashkins affair is just a symptom of how some in our community take the ritual aspects of Judaism more seriously than the ethical.

[Jason]

State of the Jews: I think the OU has already made a statement to that effect. I think Genack said that if all the problems are in the past, there is no use punishing someone (or some company) for past actions. I can try to find the link to the statement.

[sage]

So I guess the OU is stating that this would mean that a criminal who has truly repented of his past misdeeds could not be charged and tried for them, given that the statute of limitations had not been reached.

Priceless!!!!!!!!!

[Archie Bunker]

Genack has actually been waffling & giving conflicting statements to reporters. The bottom line is the OU will not give up this cash cow so easy and will fall over themselves trying to figure out which lie is best for public consumption.

[sage]

HOT OFF THE PRESS:

Iowa Workforce Development
Public Relations and Communications
1000 East Grand Avenue
Des Moines, Iowa 50319-0209
Telephone: (515) 281-5387
Toll Free: (800) JOB-IOWA or (800) 562-4692
For Deaf and Hard Of Hearing, Use Relay 711

For Immediate Release: August 22, 2008
Contact: Kerry Koonce (515) 281-9646

Postville Company Cited for 31 Safety Violations, $101,000 Fine Proposed

DES MOINES - The Iowa Division of Labor Services has proposed citations and penalties against a Postville employer for alleged multiple new and repeat violations of state workplace safety standards. Agriprocessors,
Inc. has been issued 31 citations with proposed penalties of $101,000.

Iowa workers deserve a healthy and safe workplace, and continued new and repeat violations by the same company creates a negative view of Iowa employers, indicated Iowa Labor Commissioner David Neil.

The Iowa Division of Labor initiated a follow-up safety inspection on July 8, 2008 at the Postville operation. Thirty-one citations were issued, including twenty-one serious and six repeat violations. Serious violations included failures to provide safety railings on raised work
platforms, failure to properly store compressed gas cylinders, improper use of temporary wiring and failure to properly guard moving equipment.

Agriprocessors, Inc. will have fifteen days to formally respond to the citations and proposed fines.

[steve]

July 8 was a few weeks before the Gilligan's Island tour. Pesach Lerner and Pinny Lipshitz should send the Iowa DOL copies of their firsthand inspections that they conducted and the citations and fines will surely be removed.

[Clementines and Tangerines]

The title of this post just gave me an insight.

Here you go:

If the Rubashkys were running a conversion program, instead of a slaughterhouse, and it had this many irregularities and citations, etc. these Orthodox "rabbis" would reject their conversions right out and nullify any that they ever did.

My, what weird standards they have. Are they really going by a mesorah? Because it seems like they just make this stuff up as they go along.

[Isa]

Story from the stetl of yesteryear:

On Shabbos, people come to the Rabbi,
"Rabbi! Rabbi! there is a cow stuck in the mud by the stream if we don't free the cow it will die"
The Rabbi turns to the Gemorra, flips through a few pages and says " It is Shabbos, nothing that we can do, the cow has to die"

"But Rabbi! It is YOUR cow!"

The Rabbi looks through some more pages and says " The cow has a soul it must be saved"

Nothing new!