UPDATE IN EXTENDED ARTICLE The Iowa Attorney General’s Office filed a criminal Complaint and Affidavit Tuesday in Allamakee County District Court in Waukon, alleging more than 9,000 violations of Iowa Child Labor law at the Agriprocessors, Inc., plant in Postville.
Defendants named in the Complaint and Affidavit are Agriprocessors, Inc.; the principal owner and president of Agriprocessors; manager of the slaughtering and meat packing plant at Postville and an officer, human resources manager of Agriprocessors, Inc.; and management employees in the human resources division of Agriprocessors, Inc.
The Complaint alleges a total of 9,311 child labor violations, involving 32 youths under the age of 18. (Seven of the 32 also were under age 16.) The alleged violations date back to Sept. 9, 2007, for some of the children, and to as recently as May 12, 2008, when Federal officials raided the Postville plant. The violations all are simple misdemeanors, each punishable by up to 30 days in jail and/or a fine of $65 to $625.
Iowa District Court Judge John Bauercamper scheduled an initial appearance for all defendants in Allamakee County Magistrate Court for 2 p.m. Wednesday, September 17, 2008.
The Complaint alleges violations of five sections of the Iowa Child Labor law, Iowa Code Ch. 92: employing a child under age 18 in a meat packing plant; employing a child under age 18 in an occupation that exposes the child to dangerous or poisonous chemicals; employing a child under age 16 who operated power machinery; employing a child under age 16 who worked during prohibited hours or more hours in a day than permitted by law; and employing a child under 16 who worked more hours in a week than permitted by law.
The Affidavit said: “During the period of September 9, 2007, through May 12, 2008, the persons listed as employee-victims in the attached Complaint were employed and permitted to work at Agriprocessors’ slaughtering and meat packing establishment. All were under eighteen years of age on each of the dates listed. Throughout their employment these children were exposed to dangerous and/or poisonous chemicals, including, but not limited to, dry ice and chlorine solutions. Several of these employee-victims were also under sixteen years of age during the dates for which they are identified as such in the Complaint. Throughout their employment, these children, while under sixteen years of age, were employed in the operation of or tending of power-driven machinery, including, but not limited to, conveyor belts, meat grinders, circular saws, power washers, and power shears.”
The Complaint and Affidavit also enumerates more than 1500 violations relating to hours worked, including employee-victims under age 16 who worked more than eight hours on specified days, and more than forty hours in specified weeks. The Complaint also alleges records show instances of children under age sixteen working before 7 a.m. and after 7 p.m., and, while school was in session, working more than four hours in a day and more than 28 hours in a week. “The records of Agriprocessors, Inc., also confirm, as alleged by each of the employee-victims, that each of these employee-victims worked more hours of overtime each week than that for which they were compensated,” the Complaint said.
According to the Affidavit: “All of the named individual Defendants possessed shared knowledge that Agriprocessors employed undocumented aliens. It was likewise shared knowledge among the Defendants that many of those workers were minors. The company’s hiring practices encouraged job applicants to submit identification documents which were forgeries, and known to contain false information as to resident alien status, age and identity.”
The Affidavit said: “Each defendant, either as principal or as aider and abettor, hired children, retained the employment of children observed working throughout the plant, and/or participated in efforts to conceal children when federal and state labor department officials inspected that plant.”
Criminal charges are only allegations, and defendants are presumed innocent until and unless they are proven guilty.
The Iowa Attorney General’s Office is serving in the role of prosecutor at the request of the Allamakee County Attorney. The matter was investigated by the Iowa Division of Criminal Investigation and the Labor Services Division of the Iowa Dept. of Workforce Development.
Statement of Agriprocessors on Action of the Iowa Attorney General
Agriprocessors vehemently denies these allegations and looks forward to trial so that it may put to rest the insidious notion that it knowingly employed underage workers. All of the minors at issue lied about their age in order to gain employment at the company. At the time of hiring, all of the minors, like all job applicants, presented and signed documents stating that they were over 18. They knew that, if they told the truth about their age, they would not be hired. In addition, the company’s Human Resources employees, if they suspected that an applicant was underage, routinely and regularly rejected the application until the applicant produced a birth certificate showing their true age. Whenever the company received notice that one of its workers might be underage, the company investigated and terminated any employee who turned out to be a minor.
In order to convict, the State is going to have to prove that the defendants willfully violated the child labor laws. That means that the State, as to every one of the alleged violations, is going to have to prove that each defendant knew that the employee was underage on the day in question, and knew that it was against the law for the person to be employed in the manner alleged. The State will not be able to carry this burden of proof. Agriprocessors acted in good faith on the child labor issue. We look forward to our day in court.
Chaim Abrahams – Spokesman
(Moshe Altusky / Eli Gefen – YWN Queens Ops’ Desk)
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34 Responses
Rachmona Litzlan! I am praying that they are cleared of all of the charges.
I recomend to rubashkin they should watch what they are doing because it looks like that they are being watch closely.
#1: I am praying they are not GUILTY of the charges. Why should we pray they be cleared if they are indeed guilty of it? Being Jewish is not an acceptable defense.
#2: I recommend that Rubashkin watch what they do, just as everyone else should be careful to stay within the confines of the law whether they are being closely watched or not.
Note: I am not saying they are guilty. I have no idea. AFAIC they have cheskas kashrus. But if they are guilty, why should they get off?
Blue Pinky/#3,
Even if they are 100% guilty (which they are NOT), YOU as a Jew have a CHIYUV to make sure they are not imprisoned. Does Pidyun Shvuyim mean anything to you? Or is it no longer applicable in post-galus America?
No fan of Rubashkin am I.
But hiring underage youths and having them work in dangerous occupations?
Give me a break.
Seems to me, its a lot more dangerous to walk for days with limited food and water,evade the INS and all the other dangers of crossing the border, than it is to work in a meat packing plant in the USA.
Doesn’t matter, when the Feds want to get you, your goose is cooked.
(gasp-maybe they cook Goose there as well)
Let’s all have rachmonis. Even if there may be a drop of truth to everything, they are hitting
Rubashkin extra hard probably because of the Unions and PETA.
It’s a nebach.
Joseph / #5:
Since you can state so clearly that they are not guilty, you must be an employee of Rubashkin, or more. As such you are an obvious nogeya b’davar and I disregard your opinion on the matter. If you are not a Rubashkin employee I disregard your statement for more obvious reasons.
As far as your ridiculous way of understanding pidyon Shvuyim, apparently you strongly disagree with common sense and R’ Shlomo Zalman Auerbach ZT”L who says (you can look it up – Ve’aleihu lo Yibol, volume 2:113–114) “the mitzvah of redeeming captives is only when the gentiles are grabbing Jews, irrationally, for no proper reason, and placing them in prison.” Not when they are guilty. It’s really plainly obvious for a baar sechel.
Flatbusher:
I hope the Aibishter judges you this Month with more rachmones you are willing to affored your fellow Yid.
Joseph #5 – without addressing the merits of this case specifically, please do not confuse the argument by claiming that there is a chiyuv of pidyon shivuim where justifiable cause exists to imprison. I am not arguing that every conviction is correct – but if an instance arises where justifiably someone is punished, then that punisment must be borne.
Pidyon Shvuyim??? If proven to be guilty, how do you think such convicts became Shvuyim? Please don’t equate the status of criminals with that of a Jonathan Pollard. Praying that they should never ever do such things is far better a prayer than that they should “be cleared”. Let’s remember than even in “post-galus” America dinah demalchutah dinah!
mt mehdi — What other parts of the Torah do you hold no longer apply in America? Is chazer still treif? You are in the same company as the Reform/Conservative Churches.
ilini07 — And if they are imprisoned will you participate in Pidyun Shvuyim? Or do you agree with some of the Reform commenters here?
Pidyun Shvuyim applies in America today like every other MITZVAH in the TORAH. The Reform may disagree and some may be in the Reforms company, but look where the Reformers are headed.
Pidyun Shvuyim applies even to the GUILTY. Kol shkein the innocent.
Pidyon Shvuyim:
The Gemorah (in Bava Basra 8b) calls pidyon shvuyim a “mitzvah rabbah” and says that captivity is worse than starvation and death.
Shulchan Orach (Y”D 252:3):
“Every moment that one delays in freeing prionsers, in cases where it is possible to expedite their freedom, is considered to be tantamount to murder.”
Rambam (Hilchos Matanos Aniyim 8:10) says anyone who delays in ransoming a prisoner is considered like a murderer:
“The redeeming of captives takes precedence over supporting the poor or clothing them. There is no greater mitzvah than redeeming captives… Ignoring the need to redeem captives goes against these Torah laws:
“Do not harden your heart or shut your hand against your needy fellow” (Devarim 15:7); “Do not stand idly by while your neighbor’s blood is shed” (Vayikra 19:16). And misses out on the following mitzvot: “You must surely open your hand to him or her” (Devarim15:8); “…Love your neighbor as yourself” (Vayikra 19:18); “Rescue those who are drawn to death” (Proverbs 24:11) and there is no mitzvah greater than the redeeming of captives.
BS”D
They probably will cut a deal and pay fines.
While the plant was mismanaged, there was clear harassment on the part of unions who have far better political connections than the Rubashkins do.
Sadly, what probably will come of this and the harassment of Alle is that more and more shechita will move down to South America, away from union and PETA thugs but to the detriment of American shochtim.
So, Joseph, if they are convicted, are you going to be waiting outside the courthouse with a getaway car? After all, you hold that you have a chiyuv to help them avoid imprisonment.
The Wolf
Re: #15 / Joseph
Thank you for the maareh mikomos. I’m sure we are all aware that the halacha of Pidyon Shvuyim exists. The point was that you erroneously applied to one who knowingly breaks the law. Common sense should tell you this, but I’ve shown you where RSZA ZT”L (who knew these maareh mikomos as well) said it clearly. Look it up. Then next time you comment on a story stop and think first if your comment “shtims” with common sense and psak halacha.
Joseph,
I don’t think anyone here is arguing that there is no longer a mitzvah of Pidyon Shevuyim. The question is what the geder of the mitzvah is. To whom and in what circumstances does it apply? Who is considered a captive and who is not?
You can quote pages of mekoros detailing the chashivus of the mitzvah of pidyon shevuyim but you still have not brought anything that speaks to the point of disagreement.
You are all arguing over technicalities. I have a better question; where will the Jews get their meat supply with the Yomim Noraim coming?
The company has the responsibility of verifying ages and citizenship of all of their employees, which, with a new on-line service provided by the Department of Homeland Security and the Social Security Administration, is not terribly difficult. They can say that they were lied to, but its not a good defense anymore.
Dinah malchus dinah. Also a mitzvah.
#6: Working in a meat packing plant is extremely dangerous. OSHA has prosecuted numerous cases of safety problems in packing plants that would make your hair stand on end — you have numerous cases of severed limbs and people dying from exposure to toxic fumes.
I think Rubashkin shot them selves in there own foot, with this Statement.
“…. In addition, the company’s Human Resources employees, if they suspected that an applicant was underage, routinely and regularly rejected the application until the applicant produced a birth certificate showing their true age….”
If they saw a pattern of abuse regarding employees lying about there age, they should have put a policy in place where all new and current hires have to show there birth cert. in order to maintain employment at Rubashkin. Why did they wait unit they suspect someone?
Unfortunately, and I’m not proud to say this, but Rubashkin got greedy.
Joseph:
Thank You! You are absolutely correct. Al Pi Din, Pidyun Shvuyim is applicable to the “guilty” (quotation marks, since it is a corrupt SECULAR COURT that determines their so-called “guilt”. Even if an American Court, corrupt as they are, finds them guilty, WE YIDDEN cannot believe that conviction. It is pure loshon hora/rechilus until and unless a BEIS DIN states otherwise. Barring that, what an American Court “paskens” is NULL & VOID.)
I’m glad someone stands up to all these folks populating the internet with border-line kefira, since most ehrlica yidden don’t use the internet it gives the non-ehrlich with their almost koiferdik hashkofos near free rein.
telegrok, I remember learning specifically that unless someone is convicted by yidden under halacha, the chiyuv of pidyun shvuym does exist and is incumbant upon every yid to redeem a jewish prisoner from any non-jewish authorities — even if those non-jewish authorities convicted the yid in their non-jewish court — since we yidden don’t recognize a non-jewish court, or their non-jewish standards of evidence. This is pashut halacha.
blue pinky, that story was regarding one particular situation at hand at the time, not a general rule. that case had unique circumstances. and in any event that psak differs from any other teshuva on this issue, know. and the sefer you quote was not written by r’ shlomo zalman but by a third party.
According to the gemora in Gittin there are only two exceptions to Pidyun Shvuyim:
1. we don’t want to put a financial burden on the community, and
2. we also don’t want to encourage the captors to take more captives in order to get more money.
Those are the only two exceptions.
REB Moshe Zatzal held there was a mitzva of Pidyon shvuim even in a case wher they were criminally liable
In the last two months frum yiddin were cheated out of deposits they made for new apartments in Brooklyn, and they were cheated by other frum yiddin. Should we apply pidyun shvuyim to the these ganaves as well?
There are limits.
We were all cheated by the corruption of the people at Agri. Everything they touched, they corrupted. And now that it is coming out into the open you want to invoke pidyun shvuyim?
The kashrus of their meat is in question. Many believe their kashrus can’t be trusted and we may all have eaten triefa. But we should invoke pidyun shvuyim?
Maybe, if we were in Russia you could make a case. Maybe if we were Poland you could make a case. But the Sanhedrin no longer rules and we live by the law of the land. If you don’t want to obey the law of the land – find another land. Croatia beckons!
Tikva Way — Refuah Shelamo.
Blue Pinky, I believe them when they say they’re not guilty; but guilty or not, I pray that they get off, because even if the allegations are true they did nothing wrong. Why shouldn’t a 16-year-old work, if their family needs the money? What gives the government the right to demand that I turn him away? If he wants to work, and I want to pay him, that is none of anybody’s business, and I am not bound by any law that purports to say otherwise. Nowhere in Shulchan Aruch or in any other Jewish source does it say that one must be 18 to work, and no, “dina demalchusa dina” does NOT incorporate the entire federal and state law codes into halacha by reference.
Chilul HaShem of the first order they need to close down and our reputation needs to be rebuild that of being Kosher and doing business in a lawful manner
Milhouse #32
What about the fact that if it comes to light that someone is employing underage children it causes a terrible chillul HASHEM? Doesn’t that mean anything to anybody? Just beacause the Shulchan Aruch doesn’t say that you can’t employ underage kids it’s ok to do it? The shulchan Aruch does say not to create a situation whereby a chillul HASHEM comes about. R’ Yisroel Salanter used to say that the 11th commandment is Don’t act like a fool.
Will Hill: From where do you learn that a beis din has jurisdiction over the prosecution of Federal or State criminal violations? Once the matter involves allegations of a criminal nature, the beis din by necessity concedes jurisdiction to the government. No beis din is competent to interpret secular criminal law.
Moshe Pipik, it’s only a chilul Hashem if anyone actually cares about it. No goy really thinks less of someone for breaking employment regulations; the only ones who think it’s a big deal are the self-righteous Modern Orthodox, who have turned the goyishe law into a sixth chumash. If they were caught stealing, that would be a chilul Hashem. If it were proven that they promised wages that they didn’t pay, that would be a chilul Hashem. But that they gave someone a job, even though the law said they should have turned him away, nobody out there in the real world cares about it.
Milhouse #36 said …
“If they were caught stealing, that would be a chilul Hashem.”
Written documentation exists of wages stolen from workers. Sorry I cannot produce copies for you. They are in the hands of Federal authorities who are pursuing wage and hourly claims.
“If it were proven that they promised wages that they didn’t pay, that would be a chilul Hashem.”
Interviews with workers who were promised wages which were not rec’d abound. Testimony from these workers has been taken.
“But that they gave someone a job, even though the law said they should have turned him away, nobody out there in the real world cares about it.”
Wrong. The Federal government cares about it. They notified Agri and Agri took no action – until after the raid. NOW, every worker’s documents are checked by e-verification. They could have done that a long time ago but made a decision not to. I’m sure they now regret not spending the $ it would have taken to install the e-verification system.
Tikva Way — You shouldn’t be believing every juicy (and false) piece of loshon hora the nytimes or your local paper (or the jewish week) reports.
Sheker!