COMMUNITY JUSTICE RESOURCE CENTER NEWSLETTER ARCHIVES
Fighting for Justice on the Delmarva Peninsula
By Michael J. Wilson, United Food and Commercial Workers International Union (UFCW)


The Delmarva Peninsula is a one-of-a kind place. It is the one place where Delaware, Maryland, and Virginia meet on a thin strip of land surrounded by the Atlantic Ocean and the Chesapeake Bay. If you are thinking that it is the land of crabs, you’ re wrong. It is the land of chicken farming and chicken processing, and the setting for a historic struggle for workers rights.

It was March of 1999 and the coalition that became the Delmarva Poultry Justice Alliance was as disparate a group as there has ever been; farmers, environmentalists, church groups, workers from inside and outside the poultry processing plants, and union activists. Members of this alliance came together because they were simply fed up with the poultry industry, no pun intended. Maybe Rev. Jim Lewis, a member of the Alliance, summed it up best. He spoke of the degradation of the immigrant workers toiling in harsh and brutal conditions in processing plants; of the tough work of killing, cutting, skinning and deboning chickens and chicken parts at a rate faster than one per second, in a refrigerator-cold, wet workplace. He talked about the difficulty of being a poultry farmer, with all of the responsibility for the farmer’ s crops and the bi-products of their farms, but no ability to diverge from the production dictates of the giant poultry firms. He spoke about the difficulty of being a "chicken catcher," of working for the company that thought of you as an "independent contractor", but determined your schedule, your pay, your job assignments, and owned the product you worked with from beginning to end. He talked of the problems of runoff from the chicken waste, and how it impacted the bay, the ocean, the tourists, and every person who worked, farmed, or visited the Delmarva. He made it so that your enjoyment of chicken was changed forever.

Alliance members were confronted with issues of immigrant status, union organizing, waste runoff, wages, employee status and control over the product. The Alliance used various strategies to address these issues including litigation, community organizing and legislative advocacy. Bringing members of Congress to the Delmarva was unprecedented. It was done with the help of the United Food and Commercial Workers International Union (UFCW) and the Faith and Politics Institute in Washington D.C.

Did it change anything? Yes, some things, but not enough. There were victories. A court declared the "chicken catchers" to be employees. In spite of a strong anti-union campaign from their employer, the "chicken catchers" promptly organized with Local 27 of the UFCW in two of three NLRB elections.

Chicken plant workers brought a lawsuit against poultry companies for unpaid overtime pay. This was a landmark legal effort. Eventually, even the U.S. Department of Labor sided with the workers. Perdue Farms signed a consent decree and agreed to back wages and future compliance with federal wage and hour laws. Tyson Chicken, however, refused to settle, forcing the Labor Department into the only progressive action of the last three years by the federal government against a company on behalf of the workers.

With these successes, however, there were setbacks as well. Plants were closed, and when the ergonomic standard was before the U.S. House of Representatives, even the moderate Republican Representative Amo Houghton (NY-31) ignored the pleas of the workers and voted to gut the job safety regulations. Despite the Herculean efforts of Democratic Representative David Bonior (MI-10), the minimum wage increase was not considered and wages remain stagnant.

In spite of this back-and-forth in the public policy arena, what remains is the Delmarva Poultry Justice Alliance - a vibrant, progressive, inclusive, grassroots organization that continues to advocate for all of their issues - including workers’ rights. Remember that the next time you have chicken. Or better yet, take a trip over to the Delmarva. There isn’ t any place like it in the world.