Labor Department Under Fire
For Harassing Chili Growers

WASHINGTON — The Clinton administration's Department of Labor, under pressure from a pair of Texas and New Mexico congressmen, has denied allegations that it's harassing 50 New Mexico and West Texas chili growers during harvest time. The agency claims it is merely enforcing the law.

John Fraser, deputy administrator of the department's Wage and Hour Division, said he believes Labor Secretary Alexis Herman will stand behind the investigations.

U.S. Reps. Joe Skeen, R-N.M., and Henry Bonilla, R-Texas, wrote a joint letter last week asking that Herman cease all investigations against the 50 growers. The New Mexico Farm and Livestock Bureau also complained Thursday that the 50 growers had been singled out for ``harassment'' during their busiest time of year.

``The Labor Department must justify this type of action before launching into what I describe as a witch hunt,'' Skeen said in a statement released by his office. ``New Mexico chili farmers have suffered a tremendous economic loss this year. They don't need additional burdens placed on them at this time.''

Asked if the agency was harassing the growers, Fraser replied: ``Certainly not.''

``I understand that when we are in contact (with growers) during that time in the season, which is also the time when the workers are there, that it's not convenient for the growers,'' Fraser said by phone Friday from Washington, D.C. ``This is the time when we need to do it, when the workers are employed. It's certainly not harassment.''

He said Labor Department representatives met with the agricultural community late the previous week and told them investigators would focus on about 50 farms in New Mexico and West Texas.

He said the number selected was a statistically appropriate sample, and he said investigations of 50 farms last year had found several infractions, including eight child labor law violations.

The current probe seeks to ensure compliance with minimum-wage law, child labor laws and the Migrant and Seasonal Agricultural Worker Protection Act, Fraser said.

Last year's violations ``warrant a more systematic approach, which gave rise to this year's initiative,'' he said.

He said he's sure far fewer than 50 farms are under investigation at this point.

``This initiative has just gotten started this week,'' he said, declining to say what investigators have found so far because the cases are open. ``I don't think we're anywhere near having open investigations on 50 farms.''

He suggested the outcry by Skeen, Bonilla and the Farm and Livestock Bureau ``may be a reaction to the mere fact that we told them last week that we were going to be conducting this initiative.''

And he said: ``I have no reason to doubt that Secretary Herman will support (it). She has been a strong supporter of effective enforcement of these laws, protecting the most vulnerable of workers.''

Farm and Livestock Bureau vice president Norm Plank said in a statement: ``We have received information that the DOL is targeting 50 growers in Dona Ana, Hudspeth (Texas), Hidalgo, Chaves, Luna and Lea counties for what appears to be blatant harassment and discrimination.''

``Our growers are vigilant about complying with all state and federal laws in regard to labor, so we are asking for an investigation as to why one commodity group has been singled out,'' Plank said.

Skeen and Bonilla said the Labor Department probe was being conducted ``arbitrarily and capriciously.''

They noted one branch of federal government, the Agriculture Department, was trying to help chili growers, who have had a bad year with massive crop losses, while at the same time the Labor Department ``appears to be harming them via overzealous regulation.''

Congress approved $8.7 billion in assistance for farmers this year, and the chili growers were specifically included in that appropriation.

``Accordingly, we request your immediate attention to this matter in the form of stopping any and all investigations until such time as the justification has been proven,'' Skeen and Bonilla said.