Friday, October 17, 2008

Muslim Somali workers at a meat packing plant in Grand Island, Nebraska wanted to pray. Their colleagues from Latin America wanted to work. A dispute over the company’s break schedule led to formal discrimination claims, mass job walk-offs and public protests by both sides last month, and a reported 200 firings.

Tensions at the plant began after a Federal government raid in December 2006 removed 200 undocumented workers. An equal number of employees quit shortly afterward. Altogether, six government immigration raids at meat packing plants of Brazilian-owned JBS Swift & Co. had removed 1,200 employees from the company’s work force, which caused substantial production problems. Management at the Nebraska plant responded by hiring approximately 400 Somali immigrants who resided in the United States legally as political refugees. Stricter Federal enforcement of immigration laws has had a significant impact on the meat packing industry because few native-born Americans are willing to work in its low-wage factories. Employers advertise to immigrant communities and after the immigration crackdowns the company turned to the Somali community, which was unlikely to be targeted for deportation.

Many of the new Somali workers were observant Muslims who wanted to practice the traditional religious prayer schedule, and few spoke English. The existing union contract had been negotiated before Muslims became a significant part of the factory work force, when religious needs had not been an issue, and break times were assigned according to a rigid schedule to ensure continuous production and prevent workers from working too long without a break. The sharp knives the meat packers wield for their job pose a substantial risk of accidental injury.

At first the Somali workers prayed during scheduled breaks and visits to the rest room. A few Somalis were fired for “illegal breaks” they had spent praying. Rima Kapitan, a lawyer who represents the Muslim meat packers of Grand Island, told USA Today, “they shouldn’t be forced to choose between their job and their religion.” The Somalis offered to let their employer deduct pay for time at prayer, but supervisors considered it unworkable to lose the labor of hundreds of people simultaneously, even if the interruptions lasted less than five minutes.

Plant worker Fidencio Sandoval, a naturalized United States citizen who was born in Mexico, had polite reservations. “I kind of admire all the effort they make to follow that religion, but sometimes you have to adapt to the workplace.” An immigrant from El Salvador was less sympathetic. “They used to go to the bathroom,” said José Amaya, “but actually they’re praying and the rest of us have to do their work.” Raul A. García, a 73-year-old Mexican meat packer, told The New York Times, “The Latino is very humble, but they [the Somalis] are arrogant… They act like the United States owes them.”

Differences of opinion arose over whether the prayers, which are a religious obligation five times a day for practicing Muslims and vary in exact time according the position of the sun, constitute a reasonable accommodation or an undue burden upon non-Muslim coworkers. Abdifatah Warsame, a Somali meat packer, told The New York Times that “Latinos were sometimes saying, ‘Don’t pray, don’t pray’”.

As the Muslim holy month of Ramadan approached during 2007 the Somalis requested time off for religious reasons. Observant Muslims fast throughout daylight hours during Ramadan. Management refused, believing it would affect the production line. Dozens of Somali workers quit their jobs temporarily in protest. Negotiations between the Somali workers and management broke down in October 2007. Some of the fired Somalis filed religious discrimination complaints with the U.S. Equal Employment Opportunity Commission.

Problems resurfaced after September 10, 2008 when Somali workers approached plant general manager Dennis Sydow with a request to start their dinner half an hour before the usual schedule in order to break their Ramadan fast closer to sundown. Sydow refused due to concern the request would slow production and burden non-Muslim workers. During the same month a Somali woman complained that a plant supervisor had kicked her while she was praying. The union investigated the charge and the supervisor responded that he had not seen her while she bent in prayer and had only kicked the cardboard that was underneath her.

Somali workers walked out on strike September 15 and protested at Grand Island City Hall, asking for prayer time. The following day the union brokered a compromise with plant management to move the dinner break by 15 minutes. Plant scheduling rules would have reduced the work day by 15 minutes with resulting loss in pay for the hourly workers.

A Somali worker, Abdalla Omar, told the press “We had complaints from the whites, Hispanics and [Christian] Sudanese“. False rumors spread about further cuts to the work day and preferential concessions to the Somalis. Over 1,000 non-Somalis staged a counterprotest on September 17. Union and management returned to the original dinner schedule. Substantial numbers of Somali workers left the plant afterward and either quit or were fired as a result. Sources differ as to the number of Somalis who still work at the plant: The New York Times reports union leadership as saying 300 remain, while Somali community leaders assert the number is closer to 100.

The EEOC has sent staff to determine whether treatment of Somali workers has been in compliance with the The Civil Rights Act of 1964. Under the law, employers must make reasonable accommodation for religious practices, but the law grants exceptions if religious practice places substantial hardship on an employer’s business.

Doug Schult, the JBS Swift manager in charge of labor relations, expressed frustration at the inability to resolve the problem, which had surfaced in a Colorado plant as well as the Nebraska plant. He told The Wall Street Journal that his office had spent months trying to understand and comply with new EEOC guidelines in light of conflicting pressures. Local union chapter president Daniel O. Hoppes of United Food and Commercial Workers worries that similar problems could continue to arise at the plant. “Right now, this is a real kindling box”.