HOUSE COMMITTEE ON

AGRICULTURE AND NATURAL RESOURCES

 

April 20, 2005 Hearing Room C

9:00 A.M. Tapes  49 - 51

 

MEMBERS PRESENT:            Rep. Patti Smith, Chair

Rep. Brian Boquist, Vice-Chair

Rep. Arnie Roblan, Vice-Chair

Rep. Terry Beyer

Rep. Chuck Burley

Rep. Mark Hass

Rep. Mac Sumner

 

STAFF PRESENT:                  Patrick Brennan, Committee Administrator

Jania Zeeb, Committee Assistant

 

MEASURES/ISSUES HEARD:        

HB 3258 – Public Hearing and Work Session

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 49, A

002

Chair P. Smith

Calls meeting to order at 9:02 a.m. Opens a public hearing on HB 3258.

HB 3258 – PUBLIC HEARING

006

Patrick Brennan

Committee Administrator.  Summarizes HB 3258.

012

Tim Bernasek

Oregon Farm Bureau.  Submits copies of prepared testimony in support of HB 3258 (EXHIBIT A).  Discusses the history behind this legislation. 

116

Bernasek

Continues discussing the history behind HB 3258.  Talks about the issues that HB 3258 addresses.

163

Mark Simmons

Oregon Association of Nurseries.  Submits and reads prepared testimony in support of HB 3258 (EXHIBIT B).  Testifies in support of HB 3258. 

239

Simmons

Discusses the desired outcome of HB 3258 for farm workers. 

245

Kirk Peterson

NorPac.  Testifies in support of HB 3258.  Submits and reads prepared testimony in support of HB 3258 (EXHIBIT C).  Gives a definition of collective bargaining.

321

Peterson

Continues reading prepared testimony.

347

Ken Bailey

Vice Chairman, Oregon Board of Agriculture.  Testifies in support of HB 3258.  Submits a letter from the Board of Agriculture in support of HB 3258 (EXHIBIT D).  States that the issue is what is in the best interest of the worker. 

389

Bailey

Talks about reasons why the past legislation has not been successful. 

TAPE 50, A

013

Rep. Beyer

Comments on binding arbitration and the situation in California.  Asks what would prevent what is happening in California from happening in Oregon if the bill is passed.

024

Bailey

Disagrees with the assumption that what has happened in California will happen in Oregon. 

031

Peterson

Answers that in California the culture is different, and there are many reasons why collective bargaining agreements have not been reached.  Discusses what is happening in California. 

049

Rep. Boquist

Asks what groups are represented by members on the Board of Agriculture.

053

Bailey

Answers by listing who the members of the Board of Agriculture represent, and how they are appointed to the board.

061

Rep. Boquist

Inquires if it is still correct that no more than five members can be of the same political party

063

Bailey

Concurs

068

Rep. Boquist

Refers to the letter from the Board of Agriculture (EXHIBIT D).  Asks how many members of the board were present when the letter was adopted.

070

Bailey

Responds that there was one member absent.

073

Rep. Roblan

Comments on uniqueness of agricultural work and the need for agriculture.  Inquires how to ensure that everyone will be helped by this kind of legislation.

086

Bernasek

Discusses what is happening in California, and gives examples of success stories.  Comments on the fear of a strike when the harvest is being brought in.  States that the agriculture community is open to looking at this different ways to address the issue. 

126

Bailey

States that HB 3258 does not eliminate the ability of the workers to strike, or the ability to call for a secondary boycott.

137

Rep. Roblan

Asks if proponents of the bill have looked at other options with binding arbitration.

141

Bailey

Speaks to the issue of binding arbitration.

154

Rep. Burley

Inquires where in the statute mandatory binding interest arbitration is dealt with.

161

Peterson

States that it is in ORS chapter 243.

170

Marty Myers

Threemile Canyon Farms.  Submits and reads prepared testimony in support of HB 3258 (EXHIBIT E)

244

Mark Dickman

Dickman Farms, Silverton Oregon.  Submits and reads prepared testimony in support of HB 3258 (EXHIBIT F)

298

Dickman

Gives an example from his time at NorPac. 

334

Barry Bushue

OFB.  Testifies in support of HB 3258.  Discusses past attempts to address collective bargaining. 

TAPE 49, B

020

Michael Dale

Northwest Workers Justice Project.  Submits prepared testimony in opposition to HB 3258 (EXHIBIT G).   Discusses the problem and uses the pear industry as an example.  States that moving the bill forward will not solve any of the problems with collective bargaining.

111

Leo DeGaric- Vallejo

Testifies in opposition to HB 3258.  Comments that farm work is different than other types of work. 

159

Vallejo

States that many of the concepts work theoretically, but do not work when applied.

193

Vallejo

Lists reasons he opposes HB 3258.

198

Ramon Ramirez

President, Oregon Farm Worker United (PCUN).  Submits prepared testimony in opposition to HB 3258 (EXHIBIT H).  Discusses the five principles that are important for farm workers to have in regard to this issue. 

244

Ramirez

Voices disagreement with comments made earlier that labor has not entered into negotiations.  References the work group labor participated in. 

280

Ramirez

Comments on the compromises labor has made.

304

Ramirez

States that PCUN is willing to sit down with the industry, but not to rehash things that have been discussed in previous sessions.

330

Eduardo Angulo

Testifies in opposition to HB 3258.  Submits newspaper articles regarding taxation of illegal immigrants (EXHIBIT I)

381

Norene Goplen

Director of Advocacy, Lutheran Advocacy Ministry of Oregon.  Testifies in support of HB 3258.  Submits and reads prepared testimony in support to HB 3258 (EXHIBIT J).

TAPE 50, B

021

Edrin Hilgato

Farm worker.  Testifies in support of HB 3258. 

050

Steven Witte

Executive Director, Oregon Farm Workers Ministry.  Submits prepared testimony in opposition to HB 3258 (EXHIBIT K)

087

Lynn Lundquist

President, Oregon Business Association.  Testifies in support of        HB 3258 and comments on the need for certainty in the business world.

117

Bob Terry

Oregon Association of Nurseries.  Testifies in support of HB 3258.  States that there are farms in Oregon that employ year round.  Comments on the stability that HB 3258 would provide. 

151

Chair P. Smith

Speaks about the need to have this discussion, regardless of what has happened with this in the Legislature in the past.

154

Rep. Beyer

Comments that she can sympathize with both sides the issue, and the need for both sides to come to a consensus. 

170

Dick Joyce

Joyce Farms; Oregon Association of Nurseries.  Testifies in support of HB 3258.  Comments that the union issue should not discussed in terms of religion. 

212

Matt Swanson

Oregon American Federation of Labor – Congress of Industrial Organization (AFL-CIO).  Testifies in opposition to HB 3258.  Discusses reasons why AFL-CIO is opposed to HB 3258.  Talks about the average time line for arbitration.  

259

Robert Castagna

General Counsel, Oregon Catholic Conference. Testifies in opposition to HB 3258.  Discusses reasons for his organization’s opposition to  HB 3258. 

325

Bernasek

Addresses some of the concerns that have been discusses in this meeting.

422

Rep. Hass

Asks if the bill’s proponents would still support the bill if there was a sunset provision added.

TAPE 51, A

016

Bernasek

Comments that the proponents would be willing to seriously consider such an amendment.

021

Rep. Burley

Comments that the bill gives farm workers the same framework as any other employee in the state.  Asks if people who are seasonal workers in the forest industry would have the same rights under ORS Chapter 663 if the measure passes.

029

Bernasek

Concurs.

033

Simmons

Comments that the employees in the nursery industry are employed year round, rather than seasonal workers. 

052

Chair Smith

Closes the public hearing and opens a work session on HB 3258.

HB 3258 – WORK SESSION

053

Rep. Boquist

MOTION:  Moves HB  3258 to the floor with a DO PASS recommendation.

058

Rep. Hass

Remarks that he wants to support the concept but asserts that changes need to be made.

066

Rep. Roblan

Mentions the importance of having groups negotiate and work things out.  States that he will vote for the measure, but reserves the right to vote against it when it gets to the floor.  Comments on the importance of this conversation.

077

Rep. Beyer

States that she wants to support HB 3258, but she does not believe that it will work

083

Rep. Boquist

Comments that this is part of a 30-year disagreement and reviews what has happened over the years.  Comments on the need to move this out and have the Governor deal with the issue. 

098

Rep. Burley

Responds to some of the testimony that has been heard during the meeting.

113

Rep. Sumner

States that this is a framework of legislation that can be built from.

118

Chair P. Smith

Remarks that she was on the Agriculture and Forestry Committee in 2001, and this was discussed in that committee.  States that this is a good bill.

120

 

VOTE:  6-1-0

AYE:               6 - Boquist, Burley, Hass, Roblan, Sumner, Smith P.

NAY:               1 - Beyer

 

Chair P. Smith

The motion CARRIES.

REP. BOQUIST will lead discussion on the floor.

129

Chair P. Smith

Closes the work session on HB 3258 and adjourns the meeting at 11:03 a.m.

 

EXHIBIT SUMMARY

 

  1. HB 3258, prepared testimony, Tim Bernasek, 3 pp
  2. HB 3258, prepared testimony, Mark Simmons, 3 pp
  3. HB 3258, prepared testimony, Kirk Paterson, 4 pp
  4. HB 3258, letter, Ken Bailey, 1 p
  5. HB 3258, prepared testimony, Marty Myers, 3 pp
  6. HB 3258, prepared testimony, Mark Dickman, 2 pp
  7. HB 3258, prepared testimony, Michael Dale, 2 pp
  8. HB 3258, prepared testimony, Ramon Ramirez, 3 pp
  9. HB 3258, newspaper articles, Eduardo Angulo, 3 pp
  10. HB 3258, prepared testimony, Norene Goplen, 2 pp
  11. HB 3258, prepared testimony, Steven Witte, 1 p
  12. HB 3258, prepared testimony, Erik Necholson, 1 p
  13. HB 3258, prepared testimony, Joe Schaeffer, 1 p
  14. HB 3258, prepared testimony, Phillip Kennedy-Wong, 1 p
  15. HB 3258, prepared testimony, Rick Jacobson, 6 pp