Help wanted

Sunday, September 12, 2004

William Gonzalez, coordinator of the Migrant Ministry, is pictured in his office at Sacred Heart Church.

(Richard T. Davis/Register & Bee)

DANVILLE, Va. - Miguel Angel Galvan traveled to Gretna in July for his third stint as an H-2A agricultural worker, enthusiastic about his opportunity to try his hand at picking tobacco.

Galvan, 23, had left his wife, mother and siblings behind in San Luis Potosi, Mexico. He missed them, but his previous experiences in the United States had been good ones. He felt confident about his ability to pick up new skills quickly.

But the arrangement turned sour, Galvan said.

Galvan is recuperating from an arm fracture he claims he suffered at the hands of his employer, according to William Gonzalez, migrant ministry coordinator for the diocese of Richmond. Advocates for temporary foreign agricultural workers say Galvan's case illustrates the precarious situation H-2A seasonal employees face.

Galvan said he worked in a climate of fear from the moment he began working for the tobacco farmer.

"His character and moods were different every day," he said through translator Carla Torres, outreach worker for the Virginia Farmworkers Legal Assistance Project.

"He would order us to do something, then he would change his mind," Galvan said, "We worked under pressure, because he was always yelling at us. We didn't understand what he said, but we understood that he was yelling."

Early on the morning of Aug. 15, Galvan said his employer appeared upset as he and his co-workers got to work.

"We noticed that he was very red and agitated," he said. "We were doing the same thing, cutting leaves, and the patron was driving the tractor. All of a sudden, he turned it off. He pulled my left shoulder. He grabbed me by the arm and pushed me, and I fell."

"Very quickly, I got up and kept going. I work with my right arm. I felt some pain. I didn't feel good, but I didn't pay a lot of attention. I was expecting he might yell or do something worse."

One of Galvan's co-workers had a flyer from the Virginia Farmworkers Legal Assistance Project, and the next day, they contacted the organization for help.

"These farm workers are isolated because of their language and their physical location," said Jill Borak, a recent law school graduate who is working with the Virginia Farmworkers Legal Assistance Project, a program of the Central Virginia Legal Aid Society. "A lot of the time, they don't have phones. If there's transportation, it's only if the employer provides it.

"All of these things were a problem in Miguel Angel's case. It was very difficult for him to get in touch with the sheriff and to get to the doctor's office."

"The H-2A program is a foreign labor certification that permits agricultural employers who anticipate a labor shortage to apply for permission to hire temporary foreign labor," said Bruce Goldstein of the Farmworker Justice Fund Inc.

There are 3,000 H-2A workers in Virginia this year, 525 of them in Pittsylvania County, according to Denise Burton of the Virginia Employment Commission.

Because H-2A workers are dependent solely on the employer for their continued stay in the United States, many are reluctant to complain if they are paid late, are provided with substandard housing or are exposed to pesticides, Borak said.

"If they complain, they may be fired and sent home on the long bus ride to Mexico," she said.

Both Virginia's and North Carolina's economies are highly dependent on H-2A labor, advocates say.

"The North Carolina economy is absolutely dependent on migrant farm workers who come to North Carolina to work in the fields," said Lori Elmer, attorney for Legal Aid of North Carolina Farmworker Unit.

"Without migrant farm workers, the crops would rot in the fields, and that would affect the rural community."

There are 9,000 H-2A workers in North Carolina, Elmer said. Caswell County growers requested clearance orders for 450 H-2A positions this year.

H-2A employees experience a wide spectrum of working conditions, Elmer said.

"The work force itself has little bargaining power because of that. Should the employer be less than scrupulous, there are few, if any, repercussions," she said.

Organizations such as Legal Aid of North Carolina Farmworker Unit, the Virginia Farmworkers Legal Assistance Project and the Virginia Justice Center for Farm and Immigrant Workers, which is also aiding Galvan, handle civil aspects of mistreatment allegations by farm workers, and may assist them in seeking medical treatment if necessary.

They refer people such as Galvan to prosecutors for the handling of criminal matters.

Local churches have also stepped in to help migrant farm workers with both physical and spiritual needs.

William Gonzalez coordinates the Migrant Ministry out of an office at Sacred Heart Catholic Church in Danville. Gonzalez and his colleagues visit farm workers in the fields, transport them to church services and to Wal-Mart and teach ESL classes.

Gonzalez served as translator for Galvan when he went to the doctor.

"I've been at this four years," he said. "I've never seen this kind of aggression. It shouldn't happen. (The farm workers) should be treated humanly, not like a slave. We're here to stand up for their rights."

Galvan's employer was charged with assault and battery and will be arraigned Monday in Pittsylvania County General District Court.

Contact Lauren Chesnut at lchesnut@registerbee.com or at (434) 793-2311, Ext. 3048.