Rabbis Debate Kosher Ethics at Meat Plant

By JULIA PRESTON
Published: August 22, 2008
New York Times

An immigration raid at the nation’s largest kosher meatpacking plant has opened a wide rift among Jewish leaders over the company’s ethical conduct and led to new interest in a campaign to create wage and safety standards for workers producing kosher food.

Illegal immigrants caught in a raid at the Agriprocessors plant in Postville, Iowa, told of lax safety rules and under-age workers.

The Agriprocessors Inc. plant in Postville, Iowa, lost about half its work force when 389 illegal immigrants were detained there in May, causing shortages of kosher meat and poultry in butcher shops and supermarkets across the country.

Immigrants caught in the raid told labor investigators of unpaid overtime, lax safety measures and under-age workers at the plant. Their stories have troubled many kosher consumers and given impetus to a campaign known as Hekhsher Tzedek (which means “justice certification” in Hebrew) to create an additional seal of approval for kosher-certified products, indicating that the producers met certain standards for the treatment of workers.

“People want kosher food that is produced in an appropriate manner according to both ritual law and ethical law,” said Rabbi Morris J. Allen of Mendota Heights, Minn., who is leading the effort backed by the United Synagogue of Conservative Judaism, representing the synagogues of the Conservative movement, and the Rabbinical Assembly, the organization of Conservative rabbis.

But while Rabbi Allen and others have criticized Agriprocessors, some Orthodox Jewish leaders rallied to the company’s defense. After touring the Postville plant on July 31, a delegation of 20 Orthodox rabbis, including leaders of kosher certification organizations from the United States and Canada, concluded Agriprocessors was “an A-1 place,” said Rabbi Pesach Lerner, vice president of the National Council of Young Israel, an Orthodox group.

“An old medieval plant we didn’t see,” said Rabbi Lerner, who organized the trip. “We saw a Cadillac with top-of-the-line machinery and a heavy emphasis on safety, security and health.”

A spokesman for the company, Menachem Lubinsky, said it had been unfairly singled out for labor violations that were unproven accusations. Mr. Lubinsky told The Jewish Week newspaper that Agriprocessors was facing a “Dreyfus trial in the media,” referring to the case of a Jewish military officer in France who was unfairly tried for treason in the late 19th century.

Agriprocessors managers, at first stunned by the immigration raid, have since gone on the offensive, revising management practices and hiring lawyers and public relations advisers in an effort to rebuild the company’s reputation, especially among Jewish consumers.

The Postville plant has been owned since 1987 by Aaron Rubashkin and his family, Lubavitch Hasidic Jews who built the company from a Brooklyn butcher shop into a kosher meat giant controlling more than 60 percent of the market, with annual kosher sales of more than $80 million, according to analysts’ estimates.

Agriprocessors specializes in glatt kosher beef, the highest kosher certification that is reserved for meat from animals with smooth lungs bearing no lesions. The shortages after the raid highlighted the company’s dominance in the kosher meat market, with brands like Aaron’s Best, Shor Harbor and David’s.

Kosher experts said that Mr. Rubashkin and his son Sholom, until recently the chief executive in Postville, had vastly extended the distribution of kosher products across the United States by selling them to major supermarkets along with nonkosher beef.

But workers at the Postville plant had long complained of forced overtime, frequent accidents and extortion by floor supervisors who sold jobs for cash. Their complaints were amplified after the raid, when nearly 300 illegal immigrant workers, most from Guatemala, were criminally prosecuted, with most sentenced to five months in prison followed by deportation.

On Aug. 5, Iowa labor authorities said they had found 57 cases of under-age workers employed at the plant, and they called on the state attorney general to bring criminal charges against Agriprocessors for “egregious violations” of the state’s child labor laws.

On Friday, the Iowa labor department announced 31 citations against Agriprocessors for safety violations and proposed $101,000 in fines. Kerry Koonce, the department’s spokeswoman, said 21 violations were serious and 6 were repeat offenses cited earlier this year by authorities, which the company had agreed to correct.

The violations, found in inspections that began on July 8, included inadequately shielded meat-cutting saws and improper storage of compressed gas cylinders — “a very high number for one inspection,” Ms. Koonce said. One repeat violation was a hole large enough for a worker to fall through in the plant floor, she said.

Mr. Lubinsky, the spokesman, said Agriprocessors was not aware of under-age workers in its plant and had moved swiftly to fire four workers under 18 who were discovered by managers. In a statement on Friday, the company said all of the safety issues identified by Iowa inspectors in July were remedied within days. The company denied that it had failed to correct any earlier violations.

A low-level Agriprocessors floor supervisor pleaded guilty this week to criminal immigration charges, the only manager convicted to date. Higher managers remain under criminal investigation.

The Agriprocessors raid in May fueled a fundamental debate between the Orthodox and Conservative movements of Judaism. The Orthodox, who include the majority of Jews who keep kosher, adhere to a strict interpretation of Jewish law, while the Conservative movement has a more liberal interpretation emphasizing social justice. Among Conservative Jews, a minority observe kosher laws strictly.

Rabbi Allen said the Hekhsher Tzedek campaign grew out of his efforts to promote kosher practice in his synagogue, and his participation in a Jewish commission of inquiry that went to Postville after an article in 2006 in The Forward, the weekly Jewish newspaper, about conditions there. The commission’s report found “significant issues of concern, including health and safety.”

Since then a rift has grown between Rabbi Allen’s group and Agriprocessors and its supporters. Several rabbis supporting the Hekhsher Tzedek campaign joined a protest at the Postville plant in July.

Last month, a New York public relations firm representing Agriprocessors, 5W Public Relations, posted fake blog comments under Rabbi Allen’s name on FailedMessiah.com, a Web site that is fiercely critical of the Rubashkins, and on the Web site of JTA, the Jewish news agency. Shmarya Rosenberg, who runs FailedMessiah.com, traced the fraudulent comments on his site to a 5W address. JTA reported that one false posting in Rabbi Allen’s name came from an address belonging to a 5W executive, Juda Engelmayer.

The postings seemed intended to discredit Rabbi Allen by making him appear to use crude, arrogant language. In a statement, 5W confirmed that the postings came from its offices but said that they had been made by an intern without approval.

The Hekhsher Tzedek campaign has broadened its ambitions beyond Agriprocessors, hoping to see its “God Housekeeping Seal” adopted by kosher food producers nationwide. On Aug. 1, the campaign unveiled proposed “social justice criteria” for the seal, including standards for wages and benefits, worker safety, animal welfare and environmental protection.

In coming days, the two Conservative Jewish organizations behind the campaign will send out a mailing calling on rabbis to preach about it during Rosh Hashana, the Jewish New Year.

Rabbi Allen said the campaign was not seeking to change ancient kosher dietary laws, which are traditionally administered by Orthodox Jews. “We are not revising, we are enhancing,” he said.

But some Orthodox leaders predicted that the campaign would be spurned by Orthodox Jews. Rabbi Avi Shafran of Agudath Israel, a national Orthodox group, warned that the Hekhsher Tzedek was likely to backfire by raising the price of kosher food.

The campaign’s leaders appear “not so much interested in ensuring fair treatment of employees and the like as they are in redefining the very concept of kashrut” (the Hebrew word referring to kosher laws and practice), Rabbi Shafran said. “That, in our view, is deeply troubling.”

Meanwhile, the negative news from Agriprocessors spurred Orthodox leaders to action. David Eliezrie, a California rabbi who joined the trip to Postville, called the delegation “the New York Yankees of rabbis.” Aaron Troodler, another delegation member, said Agriprocessors had paid for the rabbis’ travel.

They saw changes that Agriprocessors had made since the raid, according to the report of their trip. They met with James Martin, a former federal prosecutor recently hired as a compliance officer, and were told of a toll-free hot line he set up for confidential worker complaints.

Workers interviewed on video by Yair Hoffman, a delegation member, said Agriprocessors now pays a starting wage of $10 an hour, up from $7.25 before the raid. Jacobson Staffing, an outside company that has taken charge of hiring, has enrolled the company in E-Verify, a federal program devised to block illegal immigrants from getting jobs.

After the three-hour tour, the rabbis issued an unqualified endorsement. They said they did not intend to delve into conditions before the raid or address the plight of the immigrant workers caught in the raid.

“I have no firsthand knowledge of what went on before,” Rabbi Lerner said. “But if you take away preraid, you’ve got to say it’s a wonderful situation now.”

Reconsidering AgriProcessors Products

Published: 05/22/2008

The leadership of the U.S. Conservative movement is urging Jews to consider not patronizing AgriProcessors, the nation's largest kosher slaughterhouse.

In a joint statement released Thursday evening, the movement's Rabbinical Association and the United Synagogue of Conservative Judaism declared themselves "shocked and appalled" at working conditions at AgriProcessors, which is under federal investigation for employing illegal aliens. The groups asked their members "to evaluate whether it is appropriate to consume Rubashkin products until this situation is addressed."

The advisory extends not only to products bought retail but also to meat and poultry bought at restaurants and for private functions such as weddings and bar mitzvahs. The statement falls short of the boycott hoped for by the more activist wing of the Conservative rabbinate, and leaves the decision in the hands of the individual consumer.

Still, Rabbi Morris Allen, head of the movement's hekhsher tzedek commission, said that "it is the first statement from the organized Jewish community that reminds people they need to evaluate the food they purchase and eat" from an ethical perspective.

No other Jewish movement has issued a statement on the issue.

Rabbi Eric Yoffie, head of the Union of Reform Judaism, said it was appropriate that the Conservative movement take the lead because unlike the Reform movement, the Conservative movement calls on its members to keep kosher. Noting his own "deep distress" at the news coming out of Postville, Iowa, where AgriProcessors is located, Yoffie said it is "absolutely" time for the Jewish community to demand similar investigations into all kosher slaughterhouses, because the case "has raised suspicions about all kosher food."

Rabbi Menachem Genack, head of the Orthodox Union's kosher department, the largest kosher certifier of AgriProcessors, said the O.U. is awaiting the outcome of legal proceedings against the company before coming to any decision. If AgriProcessors is found guilty of criminal charges, he said, the O.U. will withdraw its kosher certification. Meat and poultry produced by AgriProcessors is sold under the following kosher and non-kosher labels: Aaron's Best, Aaron's Choice, David's, European Glatt, Iowa Best Beef, Nevel, Rubashkin's, Shor Habor, and Supreme Kosher.

You Shall Not Abuse a Needy and Destitute Laborer (Deuteronomy 24:14)

A Statement by the United Synagogue of Conservative Judaism
And the Rabbinical Assembly
Regarding Rubashkin's Meat Products

New York, NY (May 22, 2008)

In light of continuing disturbing allegations of unacceptable worker conditions at the Agriprocessors Plant in Postville, Iowa, the United Synagogue of Conservative Judaism and the Rabbinical Assembly are united in calling for a thorough evaluation by kosher consumers of the appropriateness of purchasing and consuming meat products produced by the Rubashkin's label.

Rubashkin's produces kosher meat primarily under the Aaron and David label at the Agriprocessors facility. It is a major producer of kosher meat and poultry in the United States. The allegations about the terrible treatment of workers employed by Rubashkin's has shocked and appalled members of the Conservative Movement as well as all people of conscience. As Kashrut seeks to diminish animal suffering and offer a humane method of slaughter, it is bitterly ironic that a plant producing kosher meat be guilty of inflicting human suffering.

The Rabbinical Assembly and United Synagogue of Conservative Judaism will immediately release an advisory to its members and constituents to evaluate the appropriateness of consuming Rubashkin products until the current situation is addressed. This advisory extends not only to products purchased on the retail level but to meat and poultry consumed in restaurants and at private functions, such as weddings and bar mitzvahs.

As the month of Sivan approaches, Jews throughout the world are mindful of the Torah's message of the power of Kedushah, holiness as it applies to all aspects of our lives including the ethics of worker treatment and food production. It is hoped that Conservative synagogues, schools and summer camps engage in a study of this important topic in honor of the festival of Shavuot which begins on the sixth day of Sivan -- commemorating the giving of the Torah.

A valuable source for such study is the paper written by Rabbi Avraham Reisner , entitled Hekshsher Tzedek Al Pi Din. This paper is a companion to the Hekhsher Tzedek Policy Statement and Working Guidelines. The paper is available on the websites of the Rabbinical Assembly and the United Synagogue of Conservative Judaism [and here].

By releasing this advisory, the Conservative Movement endorses the vision and guidance of the Hekhsher Tzedek commission. Hekhsher Tzedek is an initiative of the Rabbinical Assembly and United Synagogue that seeks to create an ethical certification process for kosher food. Through its work, Hekhsher Tzedek seeks to strengthen the bond between Halakha and Social Justice.

The reports of unacceptable worker conditions at the Agriprocessors plant demonstrate the pressing need for the sort of ethical oversight which might be provided by Hekhsher Tzedek.

For further information about the advisory being released by the United Synagogue of Conservative Judaism and the Rabbinical Assembly, or to request an interview with any member of the Hekhsher Tzedek commission, the Rabbinical Assembly or United Synagogue of Conservative Judaism please call or email: Shira Dicker (212.663.4643) or Steve Rabinowitz (202.265.3000).


ABOUT THE UNITED SYNAGOGUE OF CONSERVATIVE JUDAISM

United Synagogue of Conservative Judaism represents and supports the synagogues of the Conservative movement in North America. We work with lay leaders and Jewish professionals on the national, regional, and grassroots levels to teach, inspire, and motivate Conservative Jews to live lives increasingly filled with Jewish learning, ethical behavior, spirituality, and mitzvot.

ABOUT THE RABBINICAL ASSEMBLY

Founded in 1901, the Rabbinical Assembly is the international association of Conservative rabbis. The Assembly actively promotes the cause of Conservative Judaism, publishes learned texts, prayer-books and works of Jewish interest, and administers the work of the Committee on Jewish Law and Standards for the Conservative movement.

Rabbis of the assembly serve throughout the world in congregations, on campus, as educators, hospital and military chaplains, teachers of Judaica and officers of communal service organizations. Its membership spans over 20 countries and numbers 1600 rabbis.

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PETA VIDEO AND THE NEED FOR HEKSHER TZEDEK

I am teaching this week at Camp Ramah in Wisconsin. Access to the internet is limited, but discussion concerning Hechsher Tzedek is going full speed ahead. The classes and sessions I have been privileged to share in this week so far have convinced me that Hechsher Tzedek will be a powerful and positive addition to the kashrut industry. I will write more about this in the coming days.

My morning has been taken up with calls concerning the latest PETA video which was released concerning Agriprocessors. Their plant in Gordon, Nebraska has come under similar surveillance to the Agri plant in Postville circa 2004. In a video which states it was taped in May of 2007, terrible violations of humane treatment of animals following shehita are shown. What this video demonstrates is just how important it is for the Hechsher Tzedek to move forward as quickly as logistically possible. The need to address the following areas in an objective and verifiable way remains an important and necessary undertaking. The Conservative movement's foray into these areas will elevate the observance and meaning of kashrut. The six areas necessary to address are a) wages and benefits; b)health and safety; c)training; d)corporate transparency; e) environmental impact and f) animal welfare. The Peta video clearly demonstrates that unless this last area is considered part of the Hechsher Tzedek process abuse of animals will continue. And yet, unless the first three areas are considered, abuse of human beings could also continue.