Fired workers file suit against Zillah grower, labor contractor

ZILLAH, Wash. -- Three local farm workers have filed a federal lawsuit against a Zillah grower and his labor contractor, alleging they were fired so the grower could hire foreign workers under a federal guest-worker program.

The alleged violations of state and federal laws that protect farm workers occurred during the 2008 cherry harvest.

Plaintiff Vicente Rodriguez said he hoped for a full season of work because the Zillah farm is near his home in Granger and gas prices were high that season. But he said he and others were laid off midseason without explanation.

"It is important for local workers to stand up for our rights so we don't lose our jobs in the future, Rodriguez said in a news release.

The workers are represented by Columbia Legal Services, a Yakima-based legal services organization. Named defendants are ACL Farms, owned by Kevin Gay, and Washington Farm Labor Source, an Othello-based farm labor contractor.

Gay couldn't be reached for comment.

Jon Warling, owner of Washington Farm Labor Source, declined to comment, saying he hadn't seen the complaint.

The class-action lawsuit was filed Friday in U.S. District Court and estimates the size of the class of workers displaced by foreign guest workers at about 135.

The foreign guest workers were imported under what is called the H-2A program, which provides a special visa for workers who arrive under a contract approved by the U.S. Department of Labor.

More growers have been turning to H-2A workers in an effort to find a legal work force, but they must first show they cannot find local workers to fill the jobs.

The plaintiffs are seeking damages of up to $500 for each alleged violation of the federal Migrant and Seasonal Agricultural Workers Protection Act and the state Farm Labor Contractors Act.

* Leah Beth Ward can be reached at 509-577-7626 or lward@yakimaherald.com.