Farm Bosses Who Abuse Their Workers to Death Shouldn't Walk Free

by Sarah Parsons · 2011-02-25 12:12:00 UTC

Pruning grapes for nine hours straight is enough to make even the most able-bodied person collapse. Now imagine carrying out the task in 95-degree heat with no breaks to grab a drink of water or rest in the shade. Now picture yourself working in these conditions while being 17 years old and two months pregnant.

Those are the exact conditions that farmworker Maria Isabel Vasquez Jimenez experienced while working for California's Merced Farm Labor back in 2008. They're ultimately the same conditions that gave her heat stroke, causing her untimely death two days later.

Merced's gross negligence got owner Maria De Los Angeles Colunga and Safety Coordinator Elias Armenta charged with involuntary manslaughter. Now, nearly three years later, these farm bosses who exposed Jimenez to horrifying dangers may get off with little more than a few hours of community service.

While Jimenez's story is certainly tragic, what makes her death even more heartbreaking is the fact that it could have easily been avoided. California law dictates that agricultural operations like Merced Farm Labor must provide their workers with drinking water every hour and regular shade breaks. According to Merced employees who were working the day that Jimenez collapsed, the water cooler was a 10-minute walk from where the teenager and her fiance, Florentino Bautista, were stationed, and the foreman on duty wasn't allowing laborers to take breaks.

After Jimenez collapsed in her fiance's arms, Merced's farm bosses failed to even provide adequate medical assistance. According to workers, a farm labor contractor told Jimenez's fellow employees to dab her with rubbing alcohol. When that failed to resuscitate the unconscious Jimenez, the contractor instructed workers to drive her to a walk-in clinic — not a hospital — and say that the girl had fainted while exercising. The walk-in clinic rushed Jimenez — whose body temperature had risen to 108 degrees — to a nearby hospital, but it was too late: Jimenez succumbed to heat stroke, dying two days later.

This tragic tale certainly justifies De Los Angeles Colunga's and Armenta's charge of involuntary manslaughter. But rather than throwing the book at these unscrupulous farm bosses, San Joaquin County District Attorney James P. Willett reportedly offered the pair a plea bargain. According to United Farm Workers, a non-profit that fights for farm laborers' rights, De Los Angeles Colunga may only get 40 hours of community service, while Armenta will likely receive 400 hours community service and a $1,000 fine. A combined 440 hours of community service and a measly $1,000 fine for accidentally killing a pregnant teenager? People receive harsher punishments for graffiti or swiping a few candy bars.

What's worse is that this is hardly Merced Farm Labor's first offense. The agricultural operation received a fine in 2006 for failing to have a written heat prevention plan or provide workers with heat stress training, both of which are required by law. Merced never even paid the fine, but Jimenez paid for the company's negligence with her life.

While Jimenez may have met a more tragic ending than most farm laborers, the farming industry is rife with these kinds of unfair labor practices and exploitation. The majority of farmworkers are regularly exposed to dangers like pesticide poisoning, long hours with no breaks, high temperatures, unsafe farm equipment, and back-breaking manual labor. All this for extremely low wages, zero overtime pay, and no vacation time or medical benefits.

It's time that we start standing up for oppressed farmworkers, and we can start by demanding jail time for the bosses who let Jimenez die. The scheduled court date for the Merced Farm Labor case is March 9, 2011, so it's important that we act quickly. You can demand that De Los Angeles Colunga and Armenta receive jail time for their unspeakable acts by signing UFW's petition asking District Attorney Willett to rescind his overly lenient plea bargain. You can also leave a message for Willett by joining UFW's phone campaign and calling the District Attorney at (209) 468-2400. While nothing will bring Jimenez back, the least we can do is demand justice for her.

Photo credit: JoePhoto via Flickr

Sarah Parsons is Change.org's Sustainable Food Editor. Her work has appeared in Popular Science, OnEarth, Audubon and Plenty.
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