Feds Lay Groundwork For Wage Discrepancy Case, Other Charges, Against Agriprocessors

The US Secretary of Labor, Elaine Chao…

…has requested permission to depose 9 former Agriprocessors workers being held for deportation.

The Department of Labor told the court:

“The petitioner … is presently unable to bring the action [against Agriprocessors] because additional evidence from employees regarding hours they worked without pay is needed,” Andrea Christensen Luby, attorney for the agency, wrote in the motion filed Tuesday. “The payroll records of Agriprocessors, Inc. do not reflect all hours worked by the employees, and the testimony of employees is needed to establish the amount of back wages due the employees.”

If granted permission to interview the former employees, the agency plans to discuss their dates of employment; departments in which they worked; their unrecorded hours worked pre-shift, post-shift and pre- and post-lunch break; their wages paid; their job duties; the protective equipment and clothing needed to perform their duties; and the procedures and policies regarding obtaining, donning and doffing of the protective gear.

Because of an addition motion to expedite the court proceedings, [U.S. Magistrate Judge Jon Stuart] Scoles nearly immediately granted the telephone hearing between representatives from the Labor Department and Jeffry A. Meyer, a New York-based attorney representing Agriprocessors.…

The specially expedited telephone hearing is scheduled to take place tomorrow.

Comments

Boris Efimov died today.

[Curious Postville Native]

Word is about Postville, EB has decided to cooperate with the state in an effort to prove its case. Does anyone know if this is truth or rumor?

[Tom klein]

I would like to ask a question that has nothing to do with the above topic. I am currently writing a book detailing the orthodox movement in america and what I am finding so far is that they are really nothing more than a cult. I would like to know if someone would tell me the justification for the following things i have found out:

1: In Boro Park 43.4% of all orthodox families are on government assistance

2. Rather than face justice in american courts many if not all othodox flee to Israel and are safe from prosecution. (There is a bill tying the return of any person wanted for crimes in the USA for aid of any kind to Israel. This bill is in the house right now)

3. Why do othodox companies pay Jews a higher wage than non-jews? This is very illegal and always done.

[Yochanan Lavie]

Tom Klein: You are describing the ultra-Orthodox world. Modern Orthodox don't usually behave that way.

[Archie Bunker]

Tom Klein, you sound like a fraud.

How did you get your statistics for govt welfare programs in Boro Park? If there is a way to search by zip code, there is a large chunk of BP that is mostly Hispanic.

You are trying to make it sound as though most criminals escape to Israel. Your hatred is obvious but you are very short on facts. Only a miniscule minority escapes there.

Your third question sounds like a bogus poll conducted by Leftists to get the desired answer. While there are some abuses, in most cases the Jews are getting higher wages because they are in senior positions as opposed to the guy who mops the floor, etc.

[Archie Bunker]

Yochanan, there are plenty of M.O. miscreants which makes me skeptical of your perception of them vs Charedi.

[Archie Bunker]

http://iowaindependent.com/6426/agriprocessors-attorneys-withdraw-counsel-cite-non-payment

By Lynda Waddington 10/2/08 11:46 AM
Attorneys with a Des Moines-based law firm have filed and been granted motions to withdraw from two cases in which their former client, Agriprocessors, is the defendant. In one of the two cases, a primary reason for seeking release was an unmet financial obligation by Agriprocessors.

On May 20 Creative Source Group, a graphic design firm previously contracted by Agriprocessors, brought suit against the meatpacking company in federal court for nearly $300,000 in unpaid invoices. The complaint filed by Creative Source Group was answered on June 16 by attorneys Jay Eaton and Patrick White of the Nyemaster, Goode, West, Hansell & O’Brien law firm. The same attorneys filed a motion to withdraw as counsel for Agriprocessors on Sept. 11. The motion was granted by U.S. Magistrate Judge Jon Stuart Scoles on Sept. 22.

“The client has stopped paying counsel for its services and, as such, has failed to substantially fulfill its obligations to counsel,” wrote the Nyemaster Goode attorneys in their motion with the court. “Counsel has given reasonable warning to the client that counsel will withdraw unless the client fulfills its obligations. The client has continued to fail to fulfill its obligations.”

Agriprocessors has been given 21 days to obtain substitute counsel. To date no substitute counsel has filed on behalf of Agriprocessors with the court.

The Nyemaster Goode law firm was also listed as counsel for Agriprocessors and three members of plant management in a wrongful termination and slander lawsuit brought by former plant supervisor Orlando Rodriguez Perez. Thomas Cunningham, an attorney with Nyemaster Goode, notified the court on Sept. 24 of the firm’s non-representation, citing the filing in the Creative Source Group vs. Agriprocessors case.

The Rodriquez Perez suit names the company as well as Heshy Rubashkin, vice president of operations, marketing and sales, Gary Norris, operations manager and Neal Rawley, warehouse and shipping manager. The three individuals as well as Chaim Abrahams, a representative for Agriprocessors, were sent a letter by Jay Eaton of the Nyemaster Goode law firm in mid-September.

“This letter is to notify you that our firm will not be representing any of you or filing an appearance on your behalf in this action,” wrote Eaton. “The date by which each defendant must answer or file a pre-answer motion is September 29, 2008. Accordingly, we urge you to immediately retain council to defend you in this action. Failure to file an answer or pre-answer motion can result in a default judgement filed against you.”

On Sept. 29, attorneys with the Des Moines-based Belin Lamson McCormick Zumbach Flynn law firm notified the court that they would be representing the defendants and also filed an extension on the previous deadline. Judge Scoles granted their request Tuesday and set a new answer date of Oct. 29.

[Jerome Soller]

Tom Klein,
Your "book" sounds like a neo-nazi diatribe attacking Jews with anti-semitic stereotypes. First of all, there is no single "orthodox" movement. There are actually many different "orthodox" movements, including different hassidic, modern orthodox, etc .... movements.

1: In Boro Park 43.4% of all orthodox families are on government assistance

Like Archie, I wonder how you gathered such statistics and the basis. Please back this up with something concrete, subject to the rigor of scrutiny by those independent of your "book". What assumptions did you make? How did you collect your data?

2. Rather than face justice in american courts many if not all othodox flee to Israel and are safe from prosecution.

Only a small percentage go to Israel. I am strongly opposed to the small percentage that do, as they are violating the law of the land (part of Jewish ethics is to obey the law of the land)

3. Why do othodox companies pay Jews a higher wage than non-jews? This is very illegal and always done.

Always done, my @ss! I am conservadox, so you might consider my company "orthodox-owned". My employees, most of which are Mormons, get paid well and can cash their checks before I cash mine (when things get tight). I have hired non-Jews over Jews, when the non-Jews had stronger skills. Outside of the company president, non-Jews were typically paid more than Jews (when we had other Jewish employees - based purely on experience). As a matter of fact, I would say that this rarely, if ever, happens among any Jewish-owned business where employees have similar job responsibilities. Unfortunately, certain kosher slaughterhouses have behaviors that have disgraced all Jews and Hashem. However, even those slaughterhouses don't necessarily pay non-Jews less for similar tasks than Jews. If you are aware of this happening at any business, I suggest that you report it to appropriate federal and state authorities for prosecution.

Jerome

[Archie Bunker]

http://www.desmoinesregister.com/article/20081002/NEWS/81002013/1001/NEWS09

Labor department lawyers were scheduled to argue their case during a telephonic meeting on Thursday. U.S. Magistrate Jon S. Scoles has yet to rule on the matter.
The nine ex-workers are currently in custody at the Federal Correctional Institution in Miami, Fla., according to court papers.

Court papers identify the workers as Melvin Garcia-Val, Alvaro Jerez Ravaric, Wilmer Garcia-Ordonez, Eliazar Hurtarte-Toj, Eliazar Cana-Melendres, Adolfo Jolon-Goninez, Miguel Machic-Cotoc, Gilmer Lopez-Garcia, Oseas Patzan-Yool.

http://www.gazetteonline.com/apps/pbcs.dll/article?AID=/20081002/NEWS/710029897/1006/news

CEDAR RAPIDS — An attorney for the U.S. secretary of labor told a judge this morning that the department has to quickly depose nine former Agriprocessors workers before they are deported next week.

Melinda Schoeb, attorney for Chao, testified in the telephone hearing that the investigation by the Wage and Hour Division of the Department of Labor started in June after the May 12 immigration raid at the plant. Twenty-three interviews were conducted by the labor division at Leavenworth Prison in Kansas and various other prisons in Iowa where the immigrants were being held.

Schoeb said the nine were chosen to depose because they are all in custody at one prison, the Federal Correctional Institution in Miami, Fla. It was the easiest to arrange on the short notice, she said.

The labor department learned of the deportation date Sept. 23, Schoeb said.

Michael DeSantis, attorney for Agriprocessors, argued the department had had five months to do the depositions, which is more than enough time to investigate.

The other concern is that Rosh Hashannah started Sept. 29, which limited communications with Agriprocessors' owners, who are Hassidic Jews and don't work during the Jewish New Year, he said. DeSantis said he couldn't talk to his clients until this morning about this petition.

DeSantis told the court Yom Kippur starts Oct. 9, and there will be no business conducted by the Agriprocessors' owners after sundown Oct. 8.

U.S. Magistrate Jon Scoles said the 20-day notice the labor department is required to give for a hearing on the motion, which wasn't given, concerns him. Scoles also said he would require the depositions to be taken before the Jewish holiday.

Scoles said he would look at the law and rule this afternoon.

[Archie Bunker]

** MEDIA ADVISORY **

This week's edition of the PBS newsmagazine program RELIGION & ETHICS NEWSWEEKLY #1205 (distributed Friday, October 3 at 5 p.m., check local listings) will feature the following reports:

* Kosher Ethics - Lucky Severson looks at the ethical and moral concerns raised by the May immigration raid of the kosher meatpacking plant in Postville, Iowa.

[Archie Bunker]

Here's an industry found in the Postville woods that beats working for Rubashkin

http://www.waukonstandard.com/main.asp?SectionID=24&SubSectionID=103&ArticleID=44822&TM=45764.41

wild ginseng in the United States and the ginseng found in Allamakee County can bring $400 or more for the dried wild ginseng root and $25 to $60 per pound for field cultivated ginseng. American ginseng accounts for almost 20% of the world trade and almost two million pounds.

These ginseng hunters hunted woods from Postville to Lansing; whenever they got permission they would walk and look in that particular woods. There might be long periods of boredom, but then there was that patch. "It was like finding a diamond,"

[Rachel Batya]

Tom Klein--Are you the Berlin film critic?

[WoolSilkCotton]

Tom- nice try. I assume you are writing your 'book' with a can of spray paint.

[rebitzman]

++Your "book" sounds like a neo-nazi diatribe attacking++

Rule 1: He who mentions nazis first - loses the argument.

[rebitzman]

++Tom- nice try. I assume you are writing your 'book' with a can of spray paint.++

Depends - if he's the Tom Klein of "Searching for Great Ideas: Readings Past and Present " he's legit and the subject falls inside the scope of other work he's done.

Legit does not necessarily = good

[Paul Freedman]

Tom: look out your window.

700 billion dollars (estimated) to purchase exotic derivative works of financial poetry for whose creation those Boro Park miscreants bear no responsibility.

There's welfare and then there's welfare.

One form of welfare supports an apartment, a family, and a yeshiva education.

The other form of welfare supports yachts, world-travel, five-star hotels, canapes, caviar and blow up the wazoo.

Pound sand.