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.
(Moshe Altusky / Eli Gefen - YWN Queens Ops' Desk)
http://www.theyeshivaworld.com/article.php?p=23275
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