Farm Worker Fair Labor Practice Act -Part Two

One year ago we all were trying to project what might happen in Albany with the new party balance. It really came as no surprise that we would be faced with a huge effort to alter the farm worker rules in our State. After months of the most united effort by NYS agriculture the Governor recently passed the Farm Worker Fair Labor Practice Act. It was hoped that if and when such an act would be passed we could each make long term plans based upon the act. This is not the case. The ink is not dry from the signature by the Governor and there are rumblings by the Senate and Assembly that they want more.

In August I currently know of two meetings to be held by agriculture to discuss first the current Act and second what we need to do to be prepared by the new demands. Unfortunately in my opinion this act has opened up a new energy by those who do not wish to understand agriculture to do even more. The newly created farm worker review board is of course one concern. The second is that by gaining passage of this act those in the legislature have gained new energy to push for more. We had hoped we would have time to absorb the new Act.

Paul Baker,
Executive Director
NYSHS

Questions are coming in faster than answers. Every farm now has to have in place a procedure to deal with when and if their employees wish to unionize.  What impact will it have on every farm in NYS if a farm is unionized and that farm is forced to meet new rules from labor? Will this then not set a precedent to be pushed upon all farms?  We need to really have frequent and open discussions with our help as to if they are approached by labor organizers how to respond. No doubt the picture that will be presented will be void of many of the realities of unionization.

In short, farms are very much in jeopardy moving forward. I can only hope that we can maintain our united collective voice in dealing with this new round of challenges to be flowing from Albany. I must admit I personally felt very defeated when I saw the details in the new Act. The fact is we will need to maintain our voice now more than ever. Not only are the roots of our crops here but so are those of our farms and families.  I personally understand if you have a feeling of frustration. I suggest you lick your wounds and prepare to meet the next round. To lie down now is to virtually turn the keys to your farm and the farms of the next generations over. I have to ask myself what would my ancestors have done? I know for a fact my parents would be sitting fire!

Overtime?

I think it is time we take a look at OVERTIME. We hear so much about what a great opportunity it can be for employees. Likewise, we hear almost every employer held in fear of what it will do to their profitability. So, as in most things, the truth lies somewhere in the middle.

In modern times, overtime became a tool during FDR. The nation was struggling to survive in a world depression. The bread lines were enormous. People were desperate to find any work. No one was demanding to receive overtime. So why would FDR impose overtime on employers who were struggling to survive. The President saw that he needed to somehow get more people to have a job. He felt that if he imposed time and half after 40 hours he would encourage employers to look to employ new faces to fill those hours at the initial pay rate. In short, he was not trying to giv

Paul Baker,
Executive Director
NYSHS

e employees a benefit for working longer. Rather he was trying to get new faces off the breadlines.

Today most all hourly workers have overtime in their portfolio. My question is, what does it really do for them but limit their ability to earn beyond 40 hours? I realize I grew up on a farm. We did not ever discuss our hours or overtime. I also recall being the sole provider for my young family. I was very grateful that I was not limited to 40 hours. It would have dramatically reduced my income potential. So my question for legislators that are concerned about helping the life of hourly employees, is overtime hurting or helping? Thinking outside of the box I could argue that legislators could make the case that they should increase the overtime cap from 40 to 50. This would make it much easier for those workers to support their families if they could simply remain on their primary job longer. To find a second job is very difficult and almost always for a lower hourly wage. I know this is not a current idea but I challenge people to find the flaw in what I am asking.

Agriculture is different. This is a subject that I feel needs to be discussed but on a national stage. My challenge is that before we attack the system in agriculture we take a long creative look at how we might make New York a much better place to work and raise a family. This move alone would encourage new growth in business and attract business to New York State. That would really be a refreshing change.

 

My Observations from My One Acre Piece of Land

Unless your operation is in Maine or south of the Mason Dixon line we all pretty much sound alike. A second thing we all have in common is we are each in the midst of a total rebuild. What you grew two years ago, variety wise, may be less or more valuable today. In most cases the less valuable category seems to be growing. Your consumers have less and less awareness of where or how the apples they consume got to their respective store shelf. Local does still have its niche for some varieties but nationally it is being driven by four to five recognized varieties. Consumers are looking for honey crisp, gala, fuji, red delicious and their old personal favorite from years of shopping locally.

The per capita consumption is stable. Regardless of the introductions of newer varieties the shopper is still consuming about the same volume. This tells me that each year as new varieties emerge we will see it displace a once popular variety. The real trick is to predict which variety will be accepted and which variety will be dropped. To make an inaccurate selection can be fatal. Similarly, to hold onto a variety expecting it to remain in high demand once the consumer has moved on is equally fatal. Orchards today are much more capable of being worked to a different variety than those of the traditional style planting. While this can be done it takes time and delays necessary cash flows.

I have stated that there seems to be a centering of a top five variety list by the produce buyers. This list

Paul Baker,
Executive Director
NYSHS

may alter year to year. Each orchard is limited by its location. Apples grown in the southern portion of Virginia will not be able to compete with varieties grown further north. Similarly, just because the buyers want a fuji it does not mean you can produce it if your growing season is too short. We need to match our selections to our location.

The next area of commonality is the human resource factors. Regardless of where you grow apples you will be looking for some supply of guest workers. The peeked short term need for labor will always make this a reality. Canadian growers are equally dependent on sourcing guest workers. If you wish to grow apples on a commercial level you need to be proficient in sourcing guest workers and then providing good temporary housing. The truth is, there are presently more jobs than workers. If you wish to insure a supply of good help you will need to invest as much effort in this as in growing that perfect apple. Housing seems to be the most limiting factor in today’s market. If you do not have enough labor you will be forced to, at times, abandon some blocks to pick your higher valued crops on time.

Finally, your ability to gather good information will determine your ability to survive. You will never reach a level where you have all the facts. We need to collectively work to support research both for horticulture and market trends.  We need more than ever the ability to influence both our respective State and Federal public policy makers. They need to be kept in touch with all of the changing pressures we are facing. No matter if your farm is in Washington or New York or somewhere in between you need to be supporting efforts to influence sound applied research. Knowledge is power, and it never was truer than today on your farms.

Apples are a global product. They are grown all over the globe. They are being consumed today in more places than ever before. As the saying goes, if your choice is to be an apple farmer you need to decide how you best fit into this industry. We will be facing perhaps the largest domestic crop in decades. Many will have a strong year and for some who are unable to cope with the need to change this will be a very difficult year. We are all a product of a long series of choices. Be certain you are doing all you can to arm yourself with the most current information so you may make those choices.

In closing, I was talking to a grower recently. He offered that he intended to cut back his operation. I asked him if he was down-scaling?  He said no simply making wiser choices. He said there were areas that he felt the best he could do moving forward was break even. He intended to remove those acres and concentrate on the acres he saw profit potential. Often times less is not stepping back but moving ahead.

 

A History of Kast Farms, Inc.

Adelbert Chapman was married in 1883 in Sweden, NY. Less than a year later, he moved his family thirteen miles west to the new farm, he purchased in the town of Gaines in Orleans County. Originally part of the Holland Land Company, Adelbert purchased the farm from members of the Rhodes family who established the farm in 1833. The property of the farm at the corner of Densmore Road and West Transit Church Road was situated in an ideal location. Located approximately seven miles south of Lake Ontario and about one mile south of Ridge Road, the area is perfect for growing a wide variety of crops. The proximity to the lake creates a microclimate beneficial for growing fruit and the variety of soil types allows for multiple vegetable and grain crops. The farm is also located less than two miles north of the Erie Canal, providing an excellent transportation route for produce to market and a source of supplies for the farm when originally purchased.

Like most early farms, the family maintained a variety of livestock and grew produce for themselves primarily, if there was surplus it was sold at market. Chickens, hogs, milking cows, sheep were all in residence. Apples, grapes, corn, cabbage, peas, green beans, tomatoes, hay, wheat, oats and sometimes barley were all grown in abundance on the original homestead. Apple orchards on the original farm purchase included varieties such as Greening, Baldwin and King (Charles or Permian). Portions of these orchards were replanted in the mid 1920’s and again in the late 40’s. Stanley recalls his father blasting out old stumps with Dynamite when he was very young.

When John T. Kast married Adelbert’s fourth daughter Ruth, in 1915, Adelbert built them a smaller house on the main farm approximately 100 yards from the big farmhouse. John & Ruth moved in there in 1916 and John and Adelbert began farming together. Tragedy struck the family in 1920 when Adelbert’s touring car was struck by the express trolley from Rochester and was killed along with three other members of his family (his daughter Fern and her two sons Harold and Ralph). John became the sole farmer on the Chapman farm at this time and he bought the farm from his mother in-law, Evelyn, in 1922. While all seven of John & Ruth’s children helped on the farm, only two stayed on the farm. Their oldest son Stanley and his younger brother Merwin worked together for over 60 years.

Stanley partnered with his father John T. in 1946 and progressively took on more ownership of the farm up until 1959 when he ultimately bought the entire farm from his father.

As Stanley took over the operation in the late 50’s and additionally as David became more involved, the farm began transitioning into a more commercial operation. Primary crops grown at this time were apples, sweet cherries, corn, green beans, tomatoes, cucumbers, wheat and cabbage. While livestock diminished during this period, a herd of sheep was maintained on the farm until the late 1970’s. David partnered with Stanley in 1966 to run the farm while Stanley’s wife Evelyn managed the books. Together they incorporated the farm in 1975.

In the early 80’s the push to increase acreage for fruit production began. Additional apple orchards were planted along with sour cherries. Processing vegetable acreage also increased at this time. Primary crops were once again apples, field & sweet corn, snap beans, and wheat. These crops became the staple for the farm for a number of years and continue to be so today. David and his wife Kathy took over full ownership of the farm in 1989. Kathy took on the office manager duties while David ran the farm operation. During this time, David also partnered with eight other local farm families to form Lake Ridge Fruit Company, LLC an apple packing and storage facility located in the town of Gaines in Orleans County. David served as president for over 20 years. Lake Ridge Fruit Company, LLC and its subsidiary, Lake Ontario Fruit, Inc. has since grown into one of the largest apple packing and storage operations in the Northeast.

John and Brett partnered with David and Kathy in 2015, both took different paths to the farm initially. Brett has been with the farm since 2001 and spent a year in Texas working on oil and natural gas rigs in 2007. He now serves in the role of Orchard Manager. NY 1 (SnapDragon), NY 2 (RubyFrost), Koru, Gala and Fuji have been the most recent additions to the orchards. John spent over 15 years working in the zoo field. He returned to the farm in May of 2013 after working at the Fort Worth Zoo in Fort Worth, TX for five years. He now serves in the role of Field Crop Manager. Since his return, the farm has expanded crops to include lima beans, soybeans and malting barley.

The Farm has had a long-standing relationship with Cornell University running test plots and new trial varieties of fruits and vegetables. The relationship began with tomato varieties and harvesters initially and continues with apples today. Test varieties of apples include: Honey Crisp, SweeTango, Lyndamac, Pink Lady, Gala, NY 2 (RubyFrost) & five other unnamed Cornell varieties.

Kast Farms was awarded the Conservation Farmer of the Year award in 2009 and received The New York State Century Farm Award in 2016.