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December 28, 2018
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Migrant wreath workers allege sexual harassment
by Edward French

 

     A number of migrant workers allege that they were sexually harassed by a labor contractor working for Worcester Wreath Company of Harrington, which is noted for its connection to the Wreaths Across America effort, and that those who confronted the contractor were subsequently fired. The company, though, says that it did not fire the workers, that the contractor is no longer working with Worcester Wreath and that it takes allegations of sexual harassment seriously. Attorneys for both the workers and the company are investigating the allegations.
     Christina Ocampo at the Milbridge office of Mano en Mano, which works with migrant, immigrant and Latinx communities in Downeast Maine, alleges that the sexual harassment by one of the contractors started early during this year's wreath-making season, which began in October, and then escalated. According to multiple women who were harassed, the labor contractor would stop by their rooms unannounced, offer them alcohol, and repeatedly insist on having sex with them, she says. The day after confronting him in mid-November, a group of eight workers, including those directly affected, were fired by a Worcester Wreath Company representative and immediately kicked out of their employer‑owned housing, according to Ocampo. They then had to find their own transportation and housing, and Ocampo notes that Mano en Mano and another organization paid for their housing for a few days. Most or all of the workers involved have now left the state, she says.
     In a statement from Worcester Wreath, though, the company says it did not fire the contract workers but that the contractor, prior to Worcester having any knowledge of the allegations, fired them. Once notified, Worcester Wreath offered direct employment and housing in different facilities to the contract workers in question, which they did not accept, according to the company.
     However, Walesca Alicea Rodriguez, one of the women who experienced sexual harassment and was kicked out, says in a release, "The abuse against women must stop. They think immigrant workers won't do anything or speak up. I am not afraid. I am raising my voice so that other women don't have to go through this."
     "It's one thing for Worcester Wreath Company to say they do not condone sexual harassment, but it's another to stand by their words," says Richard Rivera O'Neill of Puerto Rico, referring to a meeting he and other workers had with owner Morrill Worcester and the company's management team to discuss the sexual harassment. He says, "They want us to work, but are not taking responsibility for when we are being mistreated at their company or by their labor contractors."
     Ocampo echoes O'Neill's statement, noting, "The sexual harassment is happening under the company's roof, so they have to take responsibility for it."
     A statement from the company, though, says, "Worcester Wreath takes the allegations of misconduct by the contractor seriously." Timothy Woodcock, an attorney with Eaton Peabody, which has been retained by Worcester Wreath to investigate the allegations, stated on December 19 that the labor contractor who is the subject of the allegations is not currently working for Worcester Wreath, as the season was winding down. He notes that this season the company used six labor contractors. Neither Woodcock or Mano en Mano has named the contractor involved with the allegations.
     The company's statement also says, "Worcester Wreath values these workers and has provided safe and clean housing to all those who want it. These workers are not, however, Worcester Wreath employees, and Worcester Wreath does not have the authority to terminate their employment. Worcester Wreath works closely with and is in good standing with the Department of Labor and only uses contractors who have been licensed. All requirements for housing and safety standards, and compensation are maintained by the Department of Labor. Worcester is committed to providing safe and healthy working conditions for its contract workers and employees and will not tolerate this behavior from either group."
     At least two investigations of the allegations are now under way. Portland attorney Andy Schmidt is presently representing two of the affected workers and, with other colleagues, conducting an investigation that will include speaking with other workers. "I'm vigorously investigating these claims on behalf of the affected workers," he says.
     Eaton Peabody's investigatory team includes James Osterrieder, a former special agent of the Federal Bureau of Investigation. Since 2008, Osterrieder has overseen Worcester Wreath's hiring and employment practices and his work has included inspections of Worcester Wreath's facilities and record keeping. "We hope to have the investigation done as soon as we can," Woodcock says. The results will be given to the company, which then can take any necessary steps. According to a statement from the company, if the allegations are verified, Worcester Wreath "will take swift action to address any misconduct and prevent it from reoccurring."
     In addition, a complaint has been filed with the Maine Department of Labor, and a report may be made to the Maine Human Rights Commission.

Power dynamics for migrant workers
     The women who are alleging sexual harassment are among about 700 workers who are hired by the company and their contractors each year. Many are migrant and immigrant workers who come to work making wreaths in Maine from Latin America, the Caribbean, a number of different states and Puerto Rico. According to Mano en Mano, many workers are in the factory for over 15 hours a day making wreaths to meet the demand from the nonprofit Wreaths Across America, which has close family ties to Worcester Wreath Company.
     The migrant workers come through labor contractors, and Ocampo notes that there are "a lot of power dynamics" created by the workers being reliant on crew bosses for transportation and getting paid. While some of the housing for the migrant workers is near Worcester Wreath's wreath-making operations in Harrington and Columbia Falls, other housing is in isolated areas. The housing has bunk-bed dorms, communal toilets and kitchens, she says. The workers rely on the crew boss for transportation for getting food or doing laundry.
     Ocampo alleges, "Workers at Worcester Wreath Company and their contractors have reported sexual harassment, wage theft, fear of retaliation for speaking up and unfair treatment based on their race, country of origin, immigration status and gender. There is an overall lack of respect for these workers' humanity." She says that, in general, because of different worker vulnerabilities and various forms of labor status there is "a lot of racism and oppression" for "black or brown workers in a super-white state." A statement from Mano en Mano notes that the low‑wage workers are disproportionately vulnerable to sexual violence in the workplace. Those in charge "have power over them," Ocampo notes. "They are asking for and have the right to fair and dignified work free from sexual violence."
     However, attorney Woodcock says a number of the contract workers come back year after year to harvest balsam fir and make wreaths, and the company has had a good relationship with them. "They are very valued by Worcester Wreath," he says. While the majority of the workers for the company are contract labor, some who are involved in making wreaths are employees of Worcester Wreath.
     For the past two years, Mano en Mano has hosted a Welcome and Resource Center for wreath workers. It connects hundreds of people to clothing, food, healthcare services, legal assistance, access to the Department of Labor and more. Beth Russet, a board member at Mano en Mano, says,      "The center is an opportunity to thank workers for their contribution to this county while connecting them with vital resources that they can call on in instances like this. Of course, if people were paid a living wage, supplying these resources would be far less critical."
     On Saturday, December 15, National Wreaths Across America Day, thousands of wreaths were placed on the graves of veterans at Arlington National Cemetery, without acknowledgement of the hands who made them, a release from Mano en Mano states. Ian Yaffe, executive director of Mano en Mano, comments, "It is because of the deep honor we hold for our veterans that we must recognize the disrespect that comes with placing wreaths that are built on the backs of exploited and harassed migrant and immigrant workers."

 

 

 

 

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