Column: Inside the effort by two Beverly Hills billionaires to kill a state law protecting farmworkers

Michael Hiltzik
Thu, May 16, 2024 


Wonderful Co.'s billionaire owners Stewart and Lynda Resnick: philanthropists, industrialists and union adversaries. (Ryan Miller/WireImage)

Los Angeles-based Wonderful Co. — the world's largest pistachio and almond grower, the purveyor of Fiji Water, Pom pomegranate juice and Justin wines, and owner of the Teleflora flower service — wants you to know that it's committed to "sustainable farming and business practices" and sees its employees as "a guiding force for good."

Wonderful's owners, the Beverly Hills billionaires Lynda and Stewart Resnick, say their "calling" is "to leave people and the planet better than we found them."

Here's another side of the company. Since February, it has been engaged in a ferocious battle with the United Farm Workers over the UFW's campaign to unionize more than 600 Wonderful Nurseries workers in the Central Valley.

'We ask each of you firmly not to sign an authorization card.'

Anti-union script read to Wonderful Nursery workers by company officials

Having lost a series of motions before the California Agricultural Labor Relations Board to delay a mandate that it reach a contract with the UFW as soon as June 3 or have terms imposed by the board, Wonderful on Monday unleashed a nuclear attack: a lawsuit seeking to have the 2022 and 2023 state laws governing the unionization process declared unconstitutional.

If it succeeds, California's legal protections for farmworkers could be rolled back to conditions that prevailed before César Chavez's campaigns for farm unionization in the 1960s.

"This is an attack on farmworkers' rights," says Elizabeth Strater, the UFW's director of strategic campaigns. Farm employers "will do everything they can to prevent workers from empowering themselves and lifting themselves out of poverty."

Wonderful's lawsuit takes a page from arguments made against the National Labor Relations Board by Trader Joe's and Elon Musk's SpaceX. Both companies, facing NLRB regulatory actions, are contending that the NLRB, which Congress established in 1935, is unconstitutional.

Wonderful contends that provisions of the state's agricultural labor code violate its rights of due process guaranteed by both the state and U.S. constitutions.

At issue is a UFW drive to represent more than 600 of Wonderful Nurseries employees that began in early 2023. The UFW ultimately presented the labor board with signed cards from more than half the employees giving the UFW authority to represent them in collective bargaining on a contract, a process known as a "card check."

Read more: Wonderful Co. sues to halt California card-check law that made it easier to unionize farmworkers

The board certified the union as the workers' representative on March 1, triggering a tight deadline aimed at prompting the union and the company to reach a contract.

Read more: Column: The UAW sends a lightning bolt into anti-union states with a huge victory at a VW plant

As often happens in hard-fought union campaigns, this one has generated a cross fire of allegations of unfair labor practices from both sides — the company asserting that the union defrauded workers into signing the representation cards, the union asserting that the company browbeat more than 100 workers into revoking their authorizations to drive the approval rate below the required 50%.

Accounts from the workers themselves vary. As my colleagues Rebecca Plevin and Melissa Gomez have reported, there have been complaints about poor working conditions at Wonderful along with hope that a union would help upgrade standards. Other workers say they misunderstood that signing an authorization card was tantamount to joining the UFW.

Some workers said they had second thoughts about signing the cards after meetings with a company-hired union-buster, Raul Calvo, who told them the union would take 3% of their pay for dues. In late March, some 100 Wonderful workers staged an anti-union protest at the ALRB offices in Visalia, but the UFW has alleged that the rally was the product of company coercion. Wonderful said at the time that it had no involvement in the protest and didn't pay the workers for their time.

"These workers are so vulnerable," the UFW's Strater says. Many are undocumented or have other reasons to worry about job security, arguably making them receptive to management directives.

In this case, another party has weighed in — the Agricultural Labor Relations Board, an independent state agency. Following an investigation, the board's general counsel, Julia Montgomery, alleged that Wonderful trampled its workers' unionization rights through numerous anti-union actions, including coercing them to submit declarations rescinding their authorizations. Wonderful has denied most of the allegations.

Wonderful says that the workers submitted their declarations voluntarily, "without any request having been made" by the company. Montgomery's allegations, however, are mighty specific. She cites a series of meetings that were overtly aimed at persuading the workers to back away from the union.

That process began with employee meetings addressed by Calvo and proceeded to sessions in which workers met with Wonderful human resources personnel, Montgomery alleged. At those meetings, the company representatives read from a Spanish-language script stating that the union could have obtained workers' signatures without their knowledge, that they would be deprived of the opportunity for a secret vote on unionization and encouraging them to sign a declaration revoking their authorization cards.

Read more: Column: A Trump judge eviscerates a pro-worker regulation at the request of big employers

"We ask each of you firmly not to sign an authorization card," the script read. In a line that sounds like it came fresh out of the playbook of anti-union companies such as Starbucks, the script stated that the company wants "to be able to work one on one with you without the interference of a union."

Some workers were led into a large conference room, where company representatives were assigned "to help the worker draft the declaration" revoking the authorization cards, Montgomery asserted. Some agents typed up declarations for the workers and handed them to the workers to sign.

A few words about the plaintiffs in this lawsuit:

The Resnicks are prominent philanthropists and political donors (mostly to Democrats). Their companies' effects on the environment and California agriculture generally are checkered. Indeed, their most eye-catching charitable donation, a record-breaking $750-million pledge to Caltech in 2019 for research into climate change and “environmental sustainability,” isn't inconsistent with a desire to "greenwash" some of their other activities.

As I previously wrote, while it might be churlish to suggest that the gift was devoid of genuine altruistic impulses, it would be naive to assume that altruism is the whole story.

A few years earlier, the Resnicks' Justin Vineyards had been caught clear-cutting an oak forest near Paso Robles to make room for new grape plantings. The work was halted by San Luis Obispo County authorities, and the firm eventually agreed to donate the 380-acre parcel to a land conservancy.

Although the Resnicks say they are "dedicated to our role as environmental stewards," their Fiji Water subsidiary looks like the antithesis of environmental sustainability. It profits from transporting water in plastic bottles more than 5,500 miles from the island nation to California and beyond, places that already have abundant water.

Wonderful's pistachio and almond orchards have complicated efforts to apportion water among the state's competing stakeholders. Because the trees require watering in wet years or dry, their acreage can't be fallowed during dry spells.

That has made the water demand of the agricultural sector less flexible, and arguably has contributed to the devastating decline of the state's salmon fishery and the drying out of rivers and streams that once supported a diverse population of fish and birds.

Read more: Column: American unions have finally remembered how to win

This isn't the first time that the Resnicks have wrapped themselves in the U.S. Constitution to fend off a regulatory agency. In 2010, they asserted that the Federal Trade Commission infringed their 1st Amendment rights by holding that they made “false and misleading” and “unsubstantiated” representations about the health benefits of their Pom pomegranate juice, which amounted to unlawful marketing.

The company pitched the juice as “health in a bottle.” Wonderful put up billboards with the words “Cheat Death” next to a picture of the bottle. Its ads claimed Pom has beneficial effects on prostate cancer (“Drink to prostate health”), cardiovascular health and even erectile dysfunction — all of which claims were judged scientifically dubious by regulators. The company fought the FTC up to the U.S. Supreme Court, which rejected its appeal.

The 2022 and 2023 laws that Wonderful is challenging — indeed, the very creation of the ALRB in 1975 — reflect a reality known in California for more than a century: Bringing labor rights to farmworkers is notoriously difficult.

The first major farm union organizing drive in the state, among hops pickers in Wheatland, north of Sacramento, was broken up by four companies of the National Guard called out by Gov. Hiram Johnson in 1913. A statewide dragnet for organizers from the Industrial Workers of the World, or Wobblies, ensued, followed by hundreds of arrests. No further significant farm organizing took place for 16 years.

In 1975, a state law passed at the urging of César Chavez's UFW gave union organizers the right to meet with workers on the farms where they toiled. But the Supreme Court, voting on partisan lines, struck it down in 2021—the law allowed organizers to "invade the growers' property," as Chief Justice John G. Roberts Jr. wrote.

To address the heightened difficulty agricultural unions faced, the state Legislature established the card check process in 2022 and 2023. The laws incorporated a tight timeline governing certification and contract bargaining, and stipulated mandatory mediation if no contract is reached with a set period.

Read more: Column: Julie Su would be a perfect Labor secretary. That's why Big Business hates her

The goal was to address "the basic failing of labor law both at the federal and state level, which is delay," said William B. Gould IV, emeritus professor of law at Stanford and a former chairman of the National Labor Relations Board and the state Agricultural Labor Relations Board.

"Delay works against the interests of workers and unions, because employers hope that they'll grow weary," Gould told me. The tight deadlines were designed to place the burden of delay on the employers.

Wonderful maintains in its lawsuit, filed in Kern County state court, that the accelerated process has deprived employers of constitutionally protected due process rights by allowing a union to be certified by card check before the employers have a chance to object — effectively rendering the certification and the negotiating deadline faits accomplis.

That's not quite true, however. The law allows anyone to file objections within five days of certification. After that, any certification can be revoked if the employers' objections are later upheld at a hearing, and any mandated contract can be invalidated. Indeed, Wonderful filed its objections in time, citing the workers' declarations; an ALRB hearing on its objections has been underway for weeks.

What appears especially to irk Wonderful is that the board has twice rejected its motions to suspend, or stay, the certification and negotiation procedure until after it rules on the company's objections. The board responded that the law doesn't provide for such a stay.

The company's lawsuit thus amounts to an end run around the law. Gould is skeptical that Wonderful's constitutionality claims will win much favor from California judges, but the case may be aimed at the notoriously anti-union U.S. Supreme Court majority.

"This Supreme Court has indicated that they want to reverse much of what was done in the 1930s," a high-water mark for progressive labor and public interest laws, he said. In its lawsuit, Wonderful "has thrown buckets of paint against the wall in the hope that something will stick. Maybe they'll be right on some of it."

Reflections on Student Activism
And the Struggle for a Better World

By William D. Hartung

May 14, 2024
Source: Tom Dispatch



I’ve spent most of my life as an advocate for a more peaceful world. In recent years, I’ve been focused on promoting diplomacy over war and exposing the role of giant weapons companies like Lockheed Martin and its allies in Congress and at the Pentagon as they push for a “military-first” foreign policy. I’ve worked at an alphabet soup of think tanks: the Council on Economic Priorities (CEP), the World Policy Institute (WPI), the New America Foundation, the Center for International Policy (CIP), and my current institutional home, the Quincy Institute for Responsible Statecraft (QI).

Most of what I’ve done in my career is firmly rooted in my college experience. I got a bachelor’s degree in philosophy at Columbia University, class of 1978, and my time there prepared me for my current work — just not in the way one might expect. I took some relevant courses like Seymour Melman’s class on America’s permanent war economy and Marcia Wright’s on the history of the colonization of South Africa. But my most important training came outside the classroom, as a student activist.

Student Activism: Columbia in the 1970s

As I look at the surge of student organizing aimed at stopping the slaughter of Palestinians in Gaza, I’m reminded that participation in such movements can have a long-term impact, personally as well as politically, one that reaches far beyond the struggle of the moment. In my case, the values and skills I learned in movements like the divestment campaign against apartheid South Africa of the 1970s and 1980s formed the foundation of virtually everything I’ve done since.

I was not an obvious candidate to become a student radical. I grew up in Lake View, New York, a rock-ribbed Republican suburb of Buffalo. My dad was a Goldwater Republican, so committed that we even had that Republican senator’s “merch” prominently displayed in our house. (The funniest of those artifacts: a can of “Gold Water,” a sickly sweet variation on ginger ale.)

Although I fit in well enough for a while, by the time I was a teenager my goal had become all too straightforward: get out of my hometown as soon as possible. My escape route: Columbia University, where I expected to join a vibrant, progressive student movement.

Unfortunately, when I got there in 1973, the activist surge of the anti-Vietnam War era had almost totally subsided. By my sophomore year, though, things started to pick up. The September 1973 coup that overthrew the democratically elected socialist government of Chile’s Salvador Allende and the ongoing repression of the Black population in apartheid South Africa had sparked a new round of student activism.

My first foray into politics in college was joining the Columbia University Committee for Human Rights in Chile. It started out as a strictly student organization, but our activities took on greater meaning and our commitment intensified when we befriended a group of Chilean exiles who had moved into our neighborhood on New York’s Upper West Side.

In 1974, I also took time off to work in the New York branch of the United Farm Workers‘ boycott of non-union grapes, lettuce, and Gallo wine. I ran a picket line in front of the Daitch Shopwell supermarket at 110th and Broadway in Manhattan. One of my regulars on that picket line was an older gentleman named Jim Peck. It took a while before I learned that he had been a central figure in the Freedom Rides in the South during the late 1940s and early 1950s. He had first been arrested for civil rights organizing in 1947 in Durham, North Carolina, alongside the legendary Bayard Rustin. He and his fellow activists, black and white, went on to ride buses together across the South to press the case for the integration of interstate transportation. On a number of occasions, they would be brutally beaten by white mobs. In my own brief career as a student activist, I faced no such risks, but Jim’s history of commitment and courage inspired me.

When I got back from my stint with the United Farm Workers, the main political activity on the Columbia campus was a campaign to get the university to divest from companies involved in apartheid South Africa. We didn’t win then, but we did help put that issue on the map. Ten years later, a student divestment movement finally succeeded, and Columbia became the first major university to commit to fully divesting from South Africa. That modest victory, part of sustained anti-apartheid efforts on college campuses and beyond, would be followed nationwide by Congress’s passage of comprehensive sanctions on the apartheid regime, despite a veto attempt by then-President Ronald Reagan.

Many of us kept working on the anti-apartheid issue after graduation. I remained a member of the New York Committee to Oppose Bank Loans to South Africa and, for a while, was also a member of the collective that put out Southern Africa Magazine in support of the anti-apartheid struggle and liberation movements in southern Africa. In New York, our mentors and inspirations in the anti-apartheid movement were people like Prexy Nesbitt, a charismatic organizer from Chicago, and Jennifer Davis, a South African exile who edited our magazine and went on to run the American Committee on Africa. For that magazine, I helped track companies breaking the arms embargo on South Africa as well as multinational corporations propping up the regime, an experience that served me well when I went on to become a researcher in the world of think tanks.

From Student Activist to Think-Tank Expert

By that time, I was fully engaged politically. As I approached the end of my four years at Columbia, however, it slowly dawned on me that I was going to have to get a real job. The good news was that, in my brief career as a student activist, I had learned some basic skills, including how to craft an article, give a speech, and run a meeting.

The bad news was that I had absolutely no idea how to find gainful employment. So, I went home to Lake View for a while and my mom, who was a member of the International Typographical Union, gave me a crash course in proofreading and how to use official proofreading symbols. On the strength of those lessons, I got a job at a New York print shop, where I spent a miserable year proofreading magazines like Psychology Today, Modern Bride, Skiing, Boating, and pretty much any other publication ending in -ing.

Then I got lucky. A friend had just turned down a job, mostly because the pay was so lousy, at the Council on Economic Priorities (CEP), a think tank founded to promote corporate social responsibility. But my expenses at the time were, to say the least, minimal, so I took the job.

The focus of my first CEP project was economic conversion, a process designed to help communities reduce their dependency on Pentagon spending. It had been launched by Gordon Adams (now Abby Ross), then finishing The Iron Triangle, his immensely useful analysis of the military-industrial complex. While at CEP, I wrote about the top 100 Pentagon contractors, the top 25 arms exporting firms, and the economic benefits of a nuclear weapons freeze. My goal: produce research that would help activists and advocates make their case.

And so it went. Other than a stint in New York State government from the mid-1980s through the early 1990s, I’ve been a think-tank analyst ever since. At the moment, most of the issues I’ve advocated for, from reducing the Pentagon budget to cutting nuclear arsenals, are heading in exactly the wrong direction. By contrast, though, the issues I worked on as a student did indeed make progress, though only after years of organizing. South Africa’s apartheid regime actually fell in 1992. In 1975, California Governor Jerry Brown pushed through a state law guaranteeing the right of farmworkers to organize. In Chile, Pinochet was ousted thanks to a 1988 national referendum and lived his last years as an international pariah, even spending 503 days under house arrest in the United Kingdom on charges of “genocide and terrorism that include murder.”

The main difference between the successful solidarity movements I participated in and the other political movements in which I’ve played some small part was that both the South Africa divestment campaign and the United Farm Workers (UFW) boycott took their leads from people and organizations on the front lines of the struggle. Solidarity movements contributed in a significant fashion to those victories, but the central players were those front-line organizations, from the African National Congress and the Black Consciousness Movement in South Africa to UFW organizers working in the fields of California.

The Student Movement for Gaza

Which brings me back to the state of current student activism. I live 10 blocks from the main gates of Columbia University, the site of one of the more active student organizations pressing for a ceasefire in Gaza and an end to government and institutional support for Israel’s brutal military campaign there, which has already killed nearly 35,000 people and left many others without medical care, adequate food, or clean water. The International Court of Justice has already suggested that a plausible case can be made for the Netanyahu government being guilty of genocide. Whether you use that term or simply call Israeli actions “war crimes,” the killing has to stop, which makes me proud of those Columbia student activists and deeply ashamed of the way the leadership of my former university has responded to them.

This April, when the president of Columbia called in the riot police to arrest students engaged in a peaceful protest, she inadvertently brought a whole new level of attention to activism about Gaza. Students at scores of campuses across the country started similar tent cities in solidarity with the Columbia students and protests that had largely been ignored in the mainstream media are now drawing TV cameras from outlets large and small.

Opponents of the student demonstrators, whose real goal is to get them to stop criticizing Israel’s mass slaughter of civilians in Gaza, have hurled claims of antisemitism at them that largely haven’t distinguished between actual acts of discrimination and cases of students feeling “uncomfortable” due to harsh — and wholly justified — criticisms of the Israeli government. As Judd Legum underscored at his substack Popular Information, there was no evidence of antisemitic acts by the students running the pro-ceasefire encampment at Columbia. Individuals and organizations outside the student movement seem to have been responsible for whatever hate rhetoric and related incidents have occurred.

Genuine antisemitism should be roundly condemned but confusing it with criticism of Israeli policies in Gaza will only make that job harder. And keep in mind that the Republican politicians hurling charges of antisemitism at students protesting repression in Gaza are, ironically enough, closely linked to actual antisemites.

To cite just one example, House Speaker Mike Johnson, who visited the Columbia campus last month in a purported effort to express his concern about antisemitism, has long promoted the racist “great replacement theory,” which holds that welcoming non-white immigrants is part of a plot to undermine the culture and power of white Americans. That theory has been cited by numerous perpetrators of racial and antisemitic violence, including the attacker who murdered 11 worshippers at the Tree of Life Synagogue in Pittsburgh in 2018.

Despite attempts to slander those student activists and divert attention from the devastation being visited on the people of Gaza, activists associated with groups like Jewish Voice for Peace and Students for Justice in Palestine continue to bravely build a vibrant movement that refuses to back down in the face of attacks by both college leaders and prominent donors. Such leaders have, in fact, interfered with student rights of assembly and free speech, suspended them for making statements critical of Israel, and used the police to break up protests. As the repression accelerates, with a surge of campus expulsions of protesters and the arrest of more than 2,500 students at more than 40 universities nationwide, the student activists continue to show courage under fire of a kind I was never called on to exhibit in my days in college. In the process, they have echoed the even larger protests of the anti-Vietnam War era.

If you were to look at a list of what the administrations at Columbia and other colleges and universities have done to student protesters in these weeks, without identifying the institutions doing it, you might reasonably assume that theirs was the work of autocratic regimes, not places purportedly dedicated to free inquiry and freedom of speech.

A number of universities — including Brown, Evergreen State, Middlebury, Rutgers, and Northwestern – have agreed to meet various student demands, from making formal statements in support of a ceasefire in Gaza to providing more transparency on university investments and agreeing to vote on divestment. Meanwhile, President Biden has pledged to impose a partial pause on arms transfers to Israel if it launches a major attack on the residents of the vulnerable enclave of Rafah. But far more needs to be done to end the killing and begin to provide reparations for the unspeakable suffering of the Palestinians in Gaza, including a cutoff of the supply and maintenance of all the American weaponry that has been used to support the Israeli military effort. Student organizing will continue, even in the face of ongoing efforts to smear the student rebels and divert attention from the mass killing of Palestinians. Those students remain remarkably (and bravely) determined to end this country’s shameful policy of enabling Israel’s devastating assault and they are clearly not about to give up.

Today’s Campaigns and Tomorrow’s

One thing is guaranteed: the commitment of this generation of student activists will reverberate through the progressive movement for years to come, setting high standards for steadfast activism in the face of the power of repression. Many of the activists from my own years on campus have remained in progressive politics as union organizers, immigration reform advocates, peace and racial justice activists, or even, like me, think-tank researchers. And don’t be surprised if the ceasefire movement has a similar impact on our future, possibly on an even larger scale.

Face it, we’re living through difficult times when fundamental tenets of our admittedly flawed democracy are under attack, and openly racist, misogynist, anti-gay, and anti-trans rhetoric and actions are regarded as acceptable conduct by all too many in our country. But the surge of student activism over Gaza is just one of many signs that a different, better world is still possible.

To get there, however, it’s important to understand that, even as we rally against the crises of the moment, suffering both victories and setbacks along the way, we need to prepare ourselves to stay in the struggle for the long haul. Hopefully, the current wave of student activism over the nightmare in Gaza will prove to be a catalyst in creating a larger, stronger movement that can overcome the most daunting challenges we face both as a country and a world.

Bird Flu Is Bad for Poultry and Dairy Cows. It’s Not a Dire Threat for Most of Us — Yet.

2024/05/03

Headlines are flying after the Department of Agriculture confirmed that the H5N1 bird flu virus has infected dairy cows around the country. Tests have detected the virus among cattle in nine states, mainly in Texas and New Mexico, and most recently in Colorado, said Nirav Shah, principal deputy director at the Centers for Disease Control and Prevention, at a May 1 event held by the Council on Foreign Relations.

A menagerie of other animals have been infected by H5N1, and at least one person in Texas. But what scientists fear most is if the virus were to spread efficiently from person to person. That hasn’t happened and might not. Shah said the CDC considers the H5N1 outbreak “a low risk to the general public at this time.”

Viruses evolve and outbreaks can shift quickly. “As with any major outbreak, this is moving at the speed of a bullet train,” Shah said. “What we’ll be talking about is a snapshot of that fast-moving train.” What he means is that what’s known about the H5N1 bird flu today will undoubtedly change.

With that in mind, KFF Health News explains what you need to know now.

Q: Who gets the bird flu?

Mainly birds. Over the past few years, however, the H5N1 bird flu virus has increasingly jumped from birds into mammals around the world. The growing list of more than 50 species includes seals, goats, skunks, cats, and wild bush dogs at a zoo in the United Kingdom. At least 24,000 sea lions died in outbreaks of H5N1 bird flu in South America last year.

What makes the current outbreak in cattle unusual is that it’s spreading rapidly from cow to cow, whereas the other cases — except for the sea lion infections — appear limited. Researchers know this because genetic sequences of the H5N1 viruses drawn from cattle this year were nearly identical to one another.

The cattle outbreak is also concerning because the country has been caught off guard. Researchers examining the virus’s genomes suggest it originally spilled over from birds into cows late last year in Texas, and has since spread among many more cows than have been tested. “Our analyses show this has been circulating in cows for four months or so, under our noses,” said Michael Worobey, an evolutionary biologist at the University of Arizona in Tucson.

Q: Is this the start of the next pandemic?

Not yet. But it’s a thought worth considering because a bird flu pandemic would be a nightmare. More than half of people infected by older strains of H5N1 bird flu viruses from 2003 to 2016 died. Even if death rates turn out to be less severe for the H5N1 strain currently circulating in cattle, repercussions could involve loads of sick people and hospitals too overwhelmed to handle other medical emergencies.

Although at least one person has been infected with H5N1 this year, the virus can’t lead to a pandemic in its current state. To achieve that horrible status, a pathogen needs to sicken many people on multiple continents. And to do that, the H5N1 virus would need to infect a ton of people. That won’t happen through occasional spillovers of the virus from farm animals into people. Rather, the virus must acquire mutations for it to spread from person to person, like the seasonal flu, as a respiratory infection transmitted largely through the air as people cough, sneeze, and breathe. As we learned in the depths of covid-19, airborne viruses are hard to stop.

That hasn’t happened yet. However, H5N1 viruses now have plenty of chances to evolve as they replicate within thousands of cows. Like all viruses, they mutate as they replicate, and mutations that improve the virus’s survival are passed to the next generation. And because cows are mammals, the viruses could be getting better at thriving within cells that are closer to ours than birds’.

The evolution of a pandemic-ready bird flu virus could be aided by a sort of superpower possessed by many viruses. Namely, they sometimes swap their genes with other strains in a process called reassortment. In a study published in 2009, Worobey and other researchers traced the origin of the H1N1 “swine flu” pandemic to events in which different viruses causing the swine flu, bird flu, and human flu mixed and matched their genes within pigs that they were simultaneously infecting. Pigs need not be involved this time around, Worobey warned.

Q: Will a pandemic start if a person drinks virus-contaminated milk?

Not yet. Cow’s milk, as well as powdered milk and infant formula, sold in stores is considered safe because the law requires all milk sold commercially to be pasteurized. That process of heating milk at high temperatures kills bacteria, viruses, and other teeny organisms. Tests have identified fragments of H5N1 viruses in milk from grocery stores but confirm that the virus bits are dead and, therefore, harmless.

Unpasteurized “raw” milk, however, has been shown to contain living H5N1 viruses, which is why the FDA and other health authorities strongly advise people not to drink it. Doing so could cause a person to become seriously ill or worse. But even then, a pandemic is unlikely to be sparked because the virus — in its current form — does not spread efficiently from person to person, as the seasonal flu does.

Q: What should be done?

A lot! Because of a lack of surveillance, the U.S. Department of Agriculture and other agencies have allowed the H5N1 bird flu to spread under the radar in cattle. To get a handle on the situation, the USDA recently ordered all lactating dairy cattle to be tested before farmers move them to other states, and the outcomes of the tests to be reported.

But just as restricting covid tests to international travelers in early 2020 allowed the coronavirus to spread undetected, testing only cows that move across state lines would miss plenty of cases.

Such limited testing won’t reveal how the virus is spreading among cattle — information desperately needed so farmers can stop it. A leading hypothesis is that viruses are being transferred from one cow to the next through the machines used to milk them.

To boost testing, Fred Gingrich, executive director of a nonprofit organization for farm veterinarians, the American Association of Bovine Practitioners, said the government should offer funds to cattle farmers who report cases so that they have an incentive to test. Barring that, he said, reporting just adds reputational damage atop financial loss.

“These outbreaks have a significant economic impact,” Gingrich said. “Farmers lose about 20% of their milk production in an outbreak because animals quit eating, produce less milk, and some of that milk is abnormal and then can’t be sold.”

The government has made the H5N1 tests free for farmers, Gingrich added, but they haven’t budgeted money for veterinarians who must sample the cows, transport samples, and file paperwork. “Tests are the least expensive part,” he said.

If testing on farms remains elusive, evolutionary virologists can still learn a lot by analyzing genomic sequences from H5N1 viruses sampled from cattle. The differences between sequences tell a story about where and when the current outbreak began, the path it travels, and whether the viruses are acquiring mutations that pose a threat to people. Yet this vital research has been hampered by the USDA’s slow and incomplete posting of genetic data, Worobey said.

The government should also help poultry farmers prevent H5N1 outbreaks since those kill many birds and pose a constant threat of spillover, said Maurice Pitesky, an avian disease specialist at the University of California-Davis.

Waterfowl like ducks and geese are the usual sources of outbreaks on poultry farms, and researchers can detect their proximity using remote sensing and other technologies. By zeroing in on zones of potential spillover, farmers can target their attention. That can mean routine surveillance to detect early signs of infections in poultry, using water cannons to shoo away migrating flocks, relocating farm animals, or temporarily ushering them into barns. “We should be spending on prevention,” Pitesky said.

Q: OK it’s not a pandemic, but what could happen to people who get this year’s H5N1 bird flu?

No one really knows. Only one person in Texas has been diagnosed with the disease this year, in April. This person worked closely with dairy cows, and had a mild case with an eye infection. The CDC found out about them because of its surveillance process. Clinics are supposed to alert state health departments when they diagnose farmworkers with the flu, using tests that detect influenza viruses, broadly. State health departments then confirm the test, and if it’s positive, they send a person’s sample to a CDC laboratory, where it is checked for the H5N1 virus, specifically. “Thus far we have received 23,” Shah said. “All but one of those was negative.”

State health department officials are also monitoring around 150 people, he said, who have spent time around cattle. They’re checking in with these farmworkers via phone calls, text messages, or in-person visits to see if they develop symptoms. And if that happens, they’ll be tested.

Another way to assess farmworkers would be to check their blood for antibodies against the H5N1 bird flu virus; a positive result would indicate they might have been unknowingly infected. But Shah said health officials are not yet doing this work.

“The fact that we’re four months in and haven’t done this isn’t a good sign,” Worobey said. “I’m not super worried about a pandemic at the moment, but we should start acting like we don’t want it to happen.”

© Kaiser Health News

 

Location, location, location

How geography acts as a structural determinant of health

UNIVERSITY OF CALIFORNIA - RIVERSIDE

 

IMAGE: 

PHOTO SHOWS ANN CHENEY (LEFT) AND GABRIELA ORTIZ.

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CREDIT: UC RIVERSIDE.

Riverside, Calif. -- In unincorporated communities in the United States-Mexico borderlands, historically and socially marginalized populations become invisible to the healthcare system, showing that geography acts as a structural determinant of health for low-income populations. So concludes a study by a University of California, Riverside, team that focused its attention on the borderland in Southern California, specifically, eastern Coachella Valley.

From September to December 2020, the team, led by Ann Cheney, an associate professor of social medicine, population, and public health in the School of Medicine, conducted interviews in collaboration with María Pozar, a community investigator and CEO of Conchita Servicios de la Comunidad, with 36 Latinx and Indigenous Mexican caregivers of children with asthma or respiratory distress. The researchers found communities in the “colonias” (unincorporated areas in the borderlands) lack basic critical infrastructure including healthcare access.

The U.S.-Mexico borderland is home to nearly 2.7 million Hispanic or Latinx individuals. The immigrant population in the colonias has limited English proficiency, health literacy levels, and income, and lower levels of formal education. Many are undocumented. 

“Our work shows the importance of geography in health and how geography acts as a structural determinant of health,” Cheney said. “For example, foreign-born caregivers who speak Spanish or Purépecha prefer to take their children across the U.S.-Mexico border for respiratory health care because physicians there provide them with a diagnosis and treatment plan that they perceive improves their children’s health.” 

The study, published in the journal Social Science & Medicine, found the caregivers perceive U.S.-based physicians as not providing them with sufficient information since most physicians do not speak their language and do not adequately listen to or are dismissive of their concerns about their children’s respiratory health. The caregivers perceive Mexican-based physicians as providing them with a diagnosis and treatment plan, whereas U.S.-based physicians often prescribe medications and provide no concrete diagnosis.

“Further, only those with legal documentation status can cross the border, which contributes to disparities in children’s respiratory health,” Cheney said. “Thus, caregivers without legal status in the U.S. must access healthcare services in the U.S. for their children and receive, what these caregivers perceive, as suboptimal care.”

Cheney added she was surprised to learn that caregivers who did not have legal documentation status in the U.S. asked trusted family and friends to take their children across the border to receive healthcare services for childhood asthma and related conditions.

“Geography, meaning living in unincorporated communities, harms health,” she said. “Geography and the politics of place determines who can and cannot cross borders.”

Study participants discussed the distance they needed to travel to pediatric specialty care for the care and management of their children’s respiratory health problems. Some commented on the lack of interaction and communication with physicians during medical visits. Some participants commented on the lack of physicians’ knowledge about the connections between their children’s exposure to environmental hazards and poor respiratory health and allergic symptoms.

The research took place in four unincorporated rural communities — Mecca, Oasis, Thermal, and North Shore — in eastern Coachella Valley, along the northern section of the Salton Sea. People living in the colonias here are subject to the health effects of environmental hazards. Many are farmworkers living and working in the nearby agricultural fields. Most of the workforce lives in mobile parks and below the federal poverty line. 

“In addition to toxic water and dust from the Salton Sea, other environmental health hazards, such as agriculture pesticide exposure, waste processing facilities, and unauthorized waste dumps, also contribute to this community’s high incidence of poor respiratory health,” said Gabriela Ortiz, the first author of the research paper and a graduate student in anthropology who works with Cheney. “These communities are vulnerable to the policies and governing decisions around exposure to environmental hazards and infrastructure development. The absence of infrastructure and lack of healthcare infrastructure limits their access to primary care and specialty care services.”

Ortiz explained that anthropologists and social scientists have long argued that environmental injustices are a product of structural violence.

“This is indirect violence caused by social structures and institutions that prevent individuals from meeting their basic needs because of political economic domination and class-based exploitation,” she said. “Understanding the complex interplay between geography, borderlands, and health is essential for coming up with effective public health policy and interventions.”

The title of the research paper is “Seeking care across the US-Mexico border: The experiences of Latinx and Indigenous Mexican caregivers of children with asthma or respiratory distress.”

Cheney, Ortiz, and Pozar were joined in the study by Ashley Moran and Sophia Rodriquez of UCR.

The study was funded by the National Institutes of Health/National Institute of Minority Health and Health Disparities. 

The University of California, Riverside is a doctoral research university, a living laboratory for groundbreaking exploration of issues critical to Inland Southern California, the state and communities around the world. Reflecting California's diverse culture, UCR's enrollment is more than 26,000 students. The campus opened a medical school in 2013 and has reached the heart of the Coachella Valley by way of the UCR Palm Desert Center. The campus has an annual impact of more than $2.7 billion on the U.S. economy. To learn more, visit www.ucr.edu.

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JOURNAL

Social Science & Medicine

DOI

10.1016/j.socscimed.2024.116736 

METHOD OF RESEARCH

Survey

SUBJECT OF RESEARCH

People

ARTICLE TITLE

Seeking care across the US-Mexico border: The experiences of Latinx and Indigenous Mexican caregivers of children with asthma or respiratory distress

ARTICLE PUBLICATION DATE

24-Apr-2024

Florida joins Texas in banning local heat protections for outdoor workers

Samantha Neely and Anthony Robledo, 

USA TODAY NETWORK
Mon, April 15, 2024

Florida will become the second state to stop local governments from requiring heat protection for outdoor workers after Republican Gov. Ron DeSantis signed House Bill 433.

The law, which DeSantis signed last week, goes into effect on July 1 and establishes multiple restrictions for city and county governments, including the ability to set heat exposure requirements not already required under state or federal law.

Republican Rep. Tiffany Esposito of Fort Myers, who sponsored the House version of the bill, told reporters that her husband has worked in South Florida’s construction sector for two decades and that she knows the industry takes worker safety seriously.


"This is very much a people-centric bill,” Esposito said. “If we want to talk about Floridians thriving, they do that by having good job opportunities. And if you want to talk about health and wellness, and you want to talk about how we can make sure that all Floridians are healthy, you do that by making sure that they have a good job. And in order to provide good jobs, we need to not put businesses out of business."

Around two million people in Florida work in outdoor jobs, from construction to agriculture, according to the Union of Concerned Scientists. On average, the state's summer can reach up to 95 degrees, with the humidity and blazing sun making it feel well over 100 at times.
What is HB 433?

House Bill 433, referred to as the Employment Regulations Bill, says it seeks to "prohibit political subdivisions (city and county governments) from maintaining a minimum wage other than a state or federal minimum wage; prohibit political subdivisions from controlling, affecting, or awarding preferences based on the wages or employment benefits of entities doing business with the political subdivision; revise and provide applicability."

Regarding heat exposure protections, the bill's summary details it will prohibit political subdivisions from:

Requiring an employer, including an employer contracting with the political subdivision, to meet or provide heat exposure requirements not otherwise required under state or federal law.


Giving preference, or considering or seeking information, in a competitive solicitation to an employer based on the employer's heat exposure requirements.

The bill's analysis dives deeper into the decision to regulate heat exposure protections, saying the Occupational Safety and Health Administration (OSHA) has developed the best practices over the years. It adds that recognizing that preventing heat-related illnesses "requires education and close collaboration between employers and employees."

"Whereas local governments have started to adopt their own workplace heat exposure requirements, some of which apply only to specific industries, which ignore the individual responsibility of an employee to follow relevant guidelines and to protect himself or herself from heat-related illnesses, and rely on fines and penalties assessed on employers to fund the enforcement of such requirements," according to the bill.

Baltimore bridge collapse: Authorities recover fourth body from Key Bridge wreckage

What are Florida's statewide heat exposure protections?

Construction workers work in the heat of the midday sun in Daytona Beach, Florida, on Sept 14, 2021.

Despite outlining in its summary that counties and cities would have to adopt the state's stances on heat exposure protection, Florida does not have any statewide standard. However, the bill's text heavily supports OSHA's guidelines regarding the subject.

Florida is under federal OSHA jurisdiction, which covers most private-sector workers within the state. State and local government workers are not covered by federal OSHA.

OSHA has a “general duty clause" that requires employers to provide workplaces “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” That includes heat-related hazards that are likely to cause death or serious bodily harm.

What does HB 433 mean for workers in Florida cities and counties?

Overall, the legislation would make any local heat protection measures "void and prohibited," within all 67 Florida counties.

In Miami-Dade County, this legislation would kill the county's proposal to require 10-minute breaks in the shade every two hours for any outdoor construction or farm workers. After negotiating for years, county commissioners had the item on their agenda up until the law was signed.

In a Friday press conference, DeSantis addressed the bill, saying "there was a lot of concern out of one county, Miami-Dade.

"And I don't think it was an issue in any other part of the state," he said. "I think they were pursuing something that was going to cause a lot of problems down there."

Luigi Guadarrama, political director of the Sierra Club Florida, said in a statement that the new law is the latest example of DeSantis failing the state’s environment, economy and workers.

“Instead of addressing the skyrocketing crisis of protecting our workforce, the governor chose to abandon millions of hard-working Floridians and leave our state more vulnerable to the impacts of climate change,” Guadarrama said. “He has consistently ignored the real issues affecting Florida's families to appease his donors and large corporations.”

How many heat-related deaths does Florida have a year?

Prince Ferguson cools off in the shade and drinks water after batting practice at Pompey Park on Wednesday, June 28, 2023, in Delray Beach, Florida.

From 2010 to 2020, the University of Florida recorded 215 heat-related deaths occurred in Florida, with the number of yearly deaths varying between 10 and 28.

According to the Centers for Disease Control and Prevention, average annual heat-related deaths have risen 95% from 2010 to 2022, with about 1,200 people in the U.S. dying every year from them.

Florida is projected to experience more days of extreme heat this summer (when temperatures are at least 95 degrees), compared to averages over the last 30 years, according to the Florida Climate Center at Florida State University.
What other state ended local heat protection ordinances?

Texas halted the ability of city and county governments to mandate protections for outside workers last year with House Bill 2127.

Republican Gov. Greg Abbott signed the bill on June 13 and it went into effect on Sept. 1. The law ended safeguards like the city of Austin's 2010 ordinance mandating construction sites offer rest and water breaks for at least 10 minutes every four hours and the city of Dallas' similar ordinance in 2015.

San Antonio was considering a similar measure ahead of HB 2127's approval.

What states have heat protections in place?

Cleverson Gomez sweats through his shirt as he shovels dirt in Surprise, Arizona on July 26, 2023, when temperatures for the day hit 116 degrees. Arizona is among the states that experience extreme heat but do not have statewide heat protections for its outdoor workers.

Only five states offer statewide heat protections, with California being the first after four farm workers died of heat stroke in 2005.

The following states require employers to provide shade and water amidst soaring temperatures:

California


Colorado


Minnesota


Oregon


Washington

This article originally appeared on Fort Myers News-Press: Heat protections for outdoor workers banned in Florida with new law

DeSantis Signs Florida Bill Blocking Local Heat Safety Rules For Workers

Dave Jamieson, Alexander C. Kaufman
Mon, April 15, 2024 


Failed presidential candidate Gov. Ron DeSantis (R) signed a bill late last week barring Florida localities from requiring employers to provide outdoor workers with access to water, rest and shade, outraging workplace safety advocates who say the new law will kill people.

Backed by the agricultural and construction industries, the controversial legislation is what’s known as a “preemption” law: It forbids cities and counties from pursuing their own ordinances on a particular subject, in this case protections from extreme heat.

The law effectively nullifies a proposal in Miami-Dade County that would require some employers to maintain a heat safety program and provide employees with water and shade on hot days. The county commission recently withdrew the proposal after the state legislation put its legality in doubt.

The preemption bill recently passed the Republican-controlled state House and Senate, along with a similar measure that prevents jurisdictions from requiring employers to pay livable wages on government-funded projects.

Unions and other progressive groups said blocking heat regulations would endanger farm and construction workers and anyone else who labors in one of the hottest states in the country.

“Someone is going to die as a result of this legislation,” Kim Smith, a telecommunications technician, told HuffPost last month.

Last year, Texas Republicans passed a similar preemption bill that blocked localities from implementing heat protections as well as other ordinances related to housing and labor. The legislation, known as Texas’ “death star bill,” appeared designed to thwart local laws in Austin and Dallas that guaranteed water breaks for workers.

The bill Gov. Ron DeSantis (R) just signed blocks jurisdictions like Miami-Dade County from implementing their own heat safety standards. SOPA Images via Getty Images

Florida Republicans pushing for the preemption law said they wanted to avoid a “patchwork” of local regulations around the state related to heat safety, arguing the matter was better left to the federal Occupational Safety and Health Administration.

But OSHA does not yet have a heat-specific safety rule, and proposals to create a uniform, statewide standard in Florida have gone nowhere over the years because of a lack of Republican support.

More than 430 workers have died due to environmental heat exposure since 2011, according to OSHA. But relatively few jurisdictions have laws in place that require employers to provide water, shade and heat safety training. Just three — California, Oregon and Washington — mandate heat breaks for outdoor workers. Minnesota has heat standards for indoor workers, while Colorado does for farmworkers.

“Overheating is one of the most common and most serious dangers in the workplace,” Rep. Alma Adams (D-N.C.), who recently co-authored a federal bill ordering OSHA to regulate heat exposure, told HuffPost. “Is requiring a glass of water and some shade too much to ask?”

Climate change is making heat waves both more intense and more frequent, raising fears that a growing number of workers could die if governments don’t implement safety measures.

A farmworker in Miami-Dade County died last July during what would become the hottest month ever recorded. The man’s family told NBC South Florida that he’d recently suffered symptoms consistent with heat stress. A farmworker in the county told HuffPost last month that the foreman at the plant nursery where he works prohibited even 30-second breaks in the blazing sun since this is the busiest growing season for exotic flora.

The Biden administration is currently crafting a federal heat safety standard through OSHA, but federal rules take years to develop, often face litigation and can be undermined by subsequent administrations. Former President Donald Trump could simply drop pursuit of the rule if he defeats Biden in their expected rematch in November.