Texas Jewish Post (Fort Worth, Tex.), Vol. 62, No. 38, Ed. 1 Thursday, September 18, 2008 Page: 4 of 28
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4 I September 18,2008
O.U. may revoke kosher
stamp for Agri as
criminal charges filed
TEXAS JEWISH POST & SINCE 1947
By Ben Harris
NEW YORK (JTA) — The filing of
criminal charges against the owners of
Agriprocessors has prompted the Or-
thodox Union, one of the meat compa-
ny's kosher certifiers, to promise it will
suspend its kosher supervision unless
new management is hired.
The O.U.'s announcement came
Sept. 9, just hours after Iowa's attorney
general filed criminal charges against
Agriprocessors and its principal owner,
Aaron Rubashkin, on more than 9,000
counts of child labor violations related
to operations at its plant in Postville.
"Within the coming days—or, let's
say, a week or two — we will suspend
our supervision unless there's new
management in place," Rabbi Menach-
em Genack, the O.U.'s head of kosher
supervision, told JTA. "I hope they're
smart enough to recognize that new
management is absolutely required."
Agriprocessors' products also are
certified as kosher under the label of
Rabbi M.M. Weissmandl. Asked if he
would follow the O.U.'s lead in sus-
pending supervision, Weissmandl de-
murred.
"My business is kashrut," he told
JTA. "As long as the high kosher stan-
dards are in place, I'm not removing
any hechsher. My business is to make
sure that the place is 100 percent ko-
sher."
The attorney general's complaint
represents the first criminal charges to
be brought against the company's own-
ers since a May 12 immigration raid re-
sulted in the arrest of nearly 400 ill egal
immigrant workers in Postville. Each
day an underage employee reported for
work qualifies as a criminal charge —
hence the 9,000 counts — and each is
punishable by up to 30 days in jail and
a fine,
Genack emphasized that the O.U.
would suspend its supervision on the
basis of the charges alone and not on
a conviction. He also said the Rubash-
kins could continue to be involved in
ownership and operation of the plant
and retain O.U. certification as long as
an independent CEO is named.
"I agree that the owners of the com-
pany shouldn't be required to step back
entirely, that as long as someone else
will be brought in as CEO, that would
be sufficient. The Rubashkins haven't
been found guilty and in this country,
as well as in Jewish law, you are still
innocent until found otherwise," said
Rabbi Sholey Klein, kashrut adminis-
trator for Dallas Kosher.
"In the Dallas area Tom Thumb
stores (at Preston/Forest and Coit/
Campbell) only 10 percent of the meat
is from Agriprocessors and consumers
should not at all be concerned with the
supply of kosher meats coming into the
High Holy Day season," Rabbi Klein
said. "Products from the locally owned
A.D. Rosenblatt label, and from Meal
Mart/Alle Processing which is pro-
cessed in Fort Worth, is in great supply.
The stores have reported more brisket
and other meats, at this time in prepar-
ing for the season, than in years past.
Albertson's (Coit/Campbell), which
carries only prepackaged meats, has an
exclusive contract with Agriprocessors
but they too seem to be in order."
The criminal complaint and affida-
vit filed last week in Allamakee County
District Court named as defendants
Rubashkin; his son Sholom, who man-
aged the Postville plant until late May;
and three human resources employees.
The affidavit alleges that the five
hired underage workers, retained them
as employees and/or concealed their
presence during inspections or assisted
in doing those things.
"All of the named individual de-
fendants possessed shared knowledge
that Agriprocessors employed undocu-
mented aliens," the affidavit alleges. "It
was likewise shared knowledge among
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The Agriprocessors kosher meat plant in Postville, Iowa,
the defendants that many ofthose work-
ers 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."
Agriprocessors issued a statement
denying the allegations. The company
said that underage workers had lied
about their age and that their employ-
ment was terminated if they were dis-
covered.
"In order to convict, the state is go-
ing to have to prove that the defendants
willfully violated the child labor laws,"
the company said. "That means that
the state, as to every one of the alleged
violations, is going to have to prove that
each defendant knew that the employee
was underage on the day in question,
and knew that it was against the law for
the person to be employed in the man-
ner alleged. The state will not be able to
carry this burden of proof."
The O.U. had said it would suspend
its supervision if criminal charges were
brought against the owners of Agripro-
cessors.
Last week, Genack said he was not
withdrawing supervision immediately
because he wanted to act "responsibly,
not precipitously," and with sensitivity
toward the company, its employees and
kosher consumers.
"I am very proud of the O.U., as
they seem to be prepared to take the
bold step of suspending their kosher
supervision, even though the charges
here don't relate to the hashgacha of the
product," said Rabbi Klein. "Even if the
meat is kosher, but laws have been bro-
ken, those responsible should be pros-
ecuted to the full extent of the law."
"We want to be responsible in terms
of our obligations, in terms of supply
and communal needs, and in terms of
the workers there," Genack told JTA.
The O.U.'s threat further jeopardiz-
es the ability of Agriprocessors, which
controls a sizable portion of the coun-
try's kosher meat and poultry market,
to meet the rising demand that typical-
ly accompanies the High Holy Days.
Agriprocessors has struggled to re-
store its production capacity since the
May 12 raid, when nearly half its work-
force was taken into federal custody.
Its competitors already have moved
to fill the void. On Monday, a kosher
industry publication reported that Em-
pire Kosher, a poultry producer, is en-
tering the kosher meat market.
Genack said the O.U. has been
pushing for reforms at Agriprocessors
since the May raid, including replacing
Sholom Rubashkin as CEO and hiring
a compliance officer.
On May 23, the company an-
nounced that Sholom Rubashkin
would be steppin g down from his post,
but lie remains a presence at the plant
and no replacement has been named.
Two weeks later the company hired
former U.S. Attorney Jim Martin as
compliance officer.
Genack also said he was reach-
ing out to various players in a bid to
"stabilize" the situation in Postville.
Fie mentioned the United Food and
Commercial Workers Union, which he
said could be helpful if it unionized the
Postville plant's workers.
The UFCW long has waged a battle
to organize Agriprocessors' employees,
but so far without success.
Deb Silverthorn contributed to this
report.
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Wisch, Rene. Texas Jewish Post (Fort Worth, Tex.), Vol. 62, No. 38, Ed. 1 Thursday, September 18, 2008, newspaper, September 18, 2008; Fort Worth, Texas. (https://texashistory.unt.edu/ark:/67531/metapth188207/m1/4/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .