2008: Plant faces 9,000 labor violations - Agriprocessors owner among 5 charged with putting minors in peril

[Editor's note: This story was originally published in The Gazette's Wednesday, September 10, 2008 edition.]

DES MOINES -- Agriprocessors Inc.'s owner and operators knowingly let minors run power equipment and exposed them to dangerous chemicals at the firm's Postville meatpacking plant, state officials said Tuesday.

The violations' magnitude prompted Iowa Attorney General Tom Miller to bring a criminal complaint Tuesday against Agriprocessors and five company officials that says 9,311 child labor law violations happened from Sept. 9, 2007, through May 12.

District Court documents in Waukon said 32 "employee-victims" under the age of 18 years -- with seven younger than age 16 -- worked at the plant. The violations are simple misdemeanors, each punishable by up to 30 days in jail and a fine of $65 to $625 per count, Miller said.

The defendants are Abraham Aaron Rubashkin , Agriprocessors' principal owner and president; Sholom Rubashkin , manager and an officer at the Postville slaughtering and meatpacking plant; Elizabeth Billmeyer, the plant's human resources manager; and Laura Althouse and Karina Freund, management employees in Agriprocessors' human resources division. Federal charges were filed against Althouse and Freund, too, on Tuesday.

An Agriprocessors spokesman denied the allegations, saying all of the minors lied about their ages to gain employment at the company.

"At the time of the hiring, all of the minors, like all job applicants, presented and signed documents stating that they were over 18," said a statement Agriprocessors spokesman Chaim Abrahams issued. "They knew that if they told the truth about their age, they would not be hired."

Agriprocessors is the leading supplier of kosher beef, which meets the religious dietary requirements of Jewish consumers. Rabbi Menachem Genach of the Orthodox Union, a leading kosher certification organization, told The Gazette the union will suspend its certification of Agriprocessors' products within a few weeks because of the charges unless the company appoints a new chief executive officer.

"We hope the position we are taking will move the company in the right direction," Rabbi Genach said.

The five people facing criminal charges are scheduled for an initial appearance before District Judge John Bauercamper on Sept. 17 in Allamakee County.

Miller said a child under age 18 was exposed at work to dangerous or poisonous chemicals, such as dry ice or chlorine solutions, and one under age 16 operated or tended power-driven machinery that included "conveyor belts, meat grinders, circular saws, power washers and power shears."

The court complaint also contends minors under the age of 16 worked during prohibited hours -- before 7 a.m. or after 7 p.m. -- or more hours in a day or week than legally permitted. Court documents listed more than 1,500 violations related to work hours, including employee-victims under age 16 working more than eight hours on specified days and more than 40 hours in specified weeks, and working while school was in session.

They also worked overtime for which they were not compensated, a court affidavit stated. They did so knowing Agriprocessors employed undocumented immigrants and that many were minors, the affidavit said. "The company's hiring practices encouraged job applicants to submit identification documents which were forgeries and know to contain false information as to resident alien status, age and identity," the affidavit said.

Agriprocessors was the site of what was, at that time, the largest federal immigration raid of its kind on May 12, when nearly 400 workers were arrested for being in the United States illegally.

The attorney general said an investigation is ongoing at Agriprocessors but declined to comment on whether other court action could be filed. He said he did not know if Tuesday's action represented the largest number of alleged child labor law violations filed in Iowa but "the number speaks for itself" and represented the most counts in this type of case during his tenure as attorney general.

Sonia Parras Konrad, an attorney for more than 20 of the minors, told the Associated Press some she's representing were as young as 14 when they started working at the plant.

Gazette staff writer David DeWitte contributed to this story. DES MOINES -- Agriprocessors Inc.'s owner and operators knowingly let minors run power equipment and exposed them to dangerous chemicals at the firm's Postville meatpacking plant, state officials said Tuesday.

The violations' magnitude prompted Iowa Attorney General Tom Miller to bring a criminal complaint Tuesday against Agriprocessors and five company officials that says 9,311 child labor law violations happened from Sept. 9, 2007, through May 12.

District Court documents in Waukon said 32 "employee-victims" under the age of 18 years -- with seven younger than age 16 -- worked at the plant. The violations are simple misdemeanors, each punishable by up to 30 days in jail and a fine of $65 to $625 per count, Miller said.

The defendants are Abraham Aaron Rubashkin , Agriprocessors' principal owner and president; Sholom Rubashkin , manager and an officer at the Postville slaughtering and meatpacking plant; Elizabeth Billmeyer, the plant's human resources manager; and Laura Althouse and Karina Freund, management employees in Agriprocessors' human resources division. Federal charges were filed against Althouse and Freund, too, on Tuesday.

An Agriprocessors spokesman denied the allegations, saying all of the minors lied about their ages to gain employment at the company.

"At the time of the hiring, all of the minors, like all job applicants, presented and signed documents stating that they were over 18," said a statement Agriprocessors spokesman Chaim Abrahams issued. "They knew that if they told the truth about their age, they would not be hired."

Agriprocessors is the leading supplier of kosher beef, which meets the religious dietary requirements of Jewish consumers. Rabbi Menachem Genach of the Orthodox Union, a leading kosher certification organization, told The Gazette the union will suspend its certification of Agriprocessors' products within a few weeks because of the charges unless the company appoints a new chief executive officer.

"We hope the position we are taking will move the company in the right direction," Rabbi Genach said.

The five people facing criminal charges are scheduled for an initial appearance before District Judge John Bauercamper on Sept. 17 in Allamakee County.

Miller said a child under age 18 was exposed at work to dangerous or poisonous chemicals, such as dry ice or chlorine solutions, and one under age 16 operated or tended power-driven machinery that included "conveyor belts, meat grinders, circular saws, power washers and power shears."

The court complaint also contends minors under the age of 16 worked during prohibited hours -- before 7 a.m. or after 7 p.m. -- or more hours in a day or week than legally permitted. Court documents listed more than 1,500 violations related to work hours, including employee-victims under age 16 working more than eight hours on specified days and more than 40 hours in specified weeks, and working while school was in session.

They also worked overtime for which they were not compensated, a court affidavit stated. They did so knowing Agriprocessors employed undocumented immigrants and that many were minors, the affidavit said. "The company's hiring practices encouraged job applicants to submit identification documents which were forgeries and know to contain false information as to resident alien status, age and identity," the affidavit said.

Agriprocessors was the site of what was, at that time, the largest federal immigration raid of its kind on May 12, when nearly 400 workers were arrested for being in the United States illegally.

The attorney general said an investigation is ongoing at Agriprocessors but declined to comment on whether other court action could be filed. He said he did not know if Tuesday's action represented the largest number of alleged child labor law violations filed in Iowa but "the number speaks for itself" and represented the most counts in this type of case during his tenure as attorney general.

Sonia Parras Konrad, an attorney for more than 20 of the minors, told the Associated Press some she's representing were as young as 14 when they started working at the plant.

Gazette staff writer David DeWitte contributed to this story.