OMB Approval: Expiration Date: 03/31/2016333111/30/2011 U.S. Department of Labor Please read and review the filing instructions carefully before completing the ETA Form 9142A. A copy of the instructions can be found at http://www.foreignlaborcert.doleta.gov/. In accordance with Federal Regulations, incomplete or obviously inaccurate applications will not be certified by the Department of Labor. If submitting this form non-electronically, ALL required fields/items containing an asterisk ( * ) must be completed as well as any fields/items where a response is conditional as indicated by the section ( § ) symbol. For conve nie nce and compat ibility for al l scree n rea de rs, the use r will be prompte d for a re quire d quest ion again in eac h fie ld in a ddition to the a sterisk. A. Employment-Based Nonimmigrant Visa Information 1. Indicate the type of visa classification supported by this application (Write classification symbol): * Requ ir ed Field B. Temporary Need Information 1. Job Title * Required F ield 2. SOC (ONET/OES) code * 3. SOC (ONET/OES) occupation title * Requir ed F ield Requir ed F ield Period of Intended Employment 4. Is this a full-time position? * Requir ed Field ✔ Yes 5. Begin Date *  No 6. End Date * Required Field 7. Worker positions needed/basis for the visa classification supported by this application Required Field (mm/dd/yyyy) (mm/dd/yyyy) Total Worker Positions Being Requested for Certification * Requir ed Field Basis for the visa classification supported by this application (indicate the total workers in each applicable category based on the total workers identified above) a. New employment * b. Continuation of previously approved employment * without change with the same employer Required Field Required F ield c. Change in previously approved employment * d. New concurrent employment * e. Change in employer * f. Amended petition * Requir ed F ield Requir ed Field Required Field Required Field 8. Nature of Temporary Need: (Choose only one of the standards) * Required F ield  Peakload ✔ Seasonal 9. Statement of Temporary Need *  One-Time Occurrence  Intermittent or Other Temporary Need Required Field ETA Form 9142A Case Number: ______________________ FOR DEPARTMENT OF LABOR USE ONLY Case Status: __________________ Validity Period: ______________ to _______________ OMB Approval: Expiration Date: 03/31/2016 U.S. Department of Labor C. Employer Information Important Note: Enter the full name of the individual employer, partnership, or corporation and all other required information in this section. For joint employer or master applications filed on behalf of more than one employer under the H-2A program, identify the main or primary employer in the section below and then submit a separate attachment that identifies each employer, by name, mailing address, and total worker positions needed, under the application. 1. Legal business name * Required Field 2. Trade name/Doing Business As (DBA), if applicable 3. Address 1 * Required F ield 4. Address 2 5. City * 6. State * Required Field 8. Country * Required Field 9. Province Requir ed F ield 10. Telephone number * 7. Postal code * Required Field 11. Extension Requir ed Field 12. Federal Employer Identification Number (FEIN from IRS) * Required F ield 13. NAICS code (must be at least 4-digits) * Requir ed Field 14. Number of non-family full-time equivalent employees 15. Annual gross revenue 16. Year established 17. Type of employer application (choose only one box below) * Required Field ✔  Individual Employer  Association – Sole Employer (H-2A only)  Association – Joint Employer (H-2A only)  Association – Filing as Agent (H-2A only)  H-2A Labor Contractor or Job Contractor D. Employer Point of Contact Information Important Note: The information contained in this Section must be that of an employee of the employer who is authorized to act on behalf of the employer in labor certification matters. The information in this Section must be different from the agent or attorney information listed in Section E, unless the attorney is an employee of the employer. For joint employer or master applications filed on behalf of more than one employer under the H-2A program, enter only the contact information for the main or primary employer (e.g., contact for an association filing as joint employer) under the application. 1. Contact’s last (family) name * Requir ed F ield 2. First (given) name * 3. Middle name(s) * Requir ed Field Required Field 4. Contact’s job title * Required Field 5. Address 1 * Required F ield 6. Address 2 7. City * 8. State * Required Field 10. Country * Required Field ETA Form 9142A 13. Extension 14. E-Mail address FOR DEPARTMENT OF LABOR USE ONLY Case Number: ______________________ Required Field Required Field 12. Telephone number * 9. Postal code * 11. Province Required Field Case Status: __________________ Validity Period: ______________ to _______________ OMB Approval: Expiration Date: 03/31/2016 U.S. Department of Labor E. Attorney or Agent Information (If applicable) 1. Is/are the employer(s) represented by an attorney or agent in the filing of this application  Yes (including associations acting as agent under the H-2A program)? If “Yes”, complete Section E. * 3. First (given) name § 4. Middle name(s) § 2. Attorney or Agent’s last (family) name § Required Field  No ✔ 5. Address 1 § 6. Address 2 7. City § 8. State § 9. Postal code § 10. Country § 11. Province 12. Telephone number § 13. Extension 14. E-Mail address 15. Law firm/Business name § 16. Law firm/Business FEIN § 17. State Bar number (only if attorney) § 18. State of highest court where attorney is in good standing (only if attorney) § 19. Name of the highest court where attorney is in good standing (only if attorney) § F. Job Offer Information a. Job Description 1. Job Title * Required F ield 2. Number of hours of work per week _____ Basic *: __ 3. Hourly Work Schedule * Requir ed Field(Basic Hour s) Required Fiel d : ____ A.M. (h:mm): ___ Overtime: _______ 4. Does this position supervise the work of other employees? *  Yes ✔  No Required Fiel d : __ __ P.M. (h:mm): ___ 4a. If yes, number of employees worker will supervise (if applicable) § ______ 5. Job duties – A description of the duties to be performed MUST begin in this space. If necessary, add attachment to continue and complete description. * Required Fi eld ! "#$ ! ! %& ' ETA Form 9142A FOR DEPARTMENT OF LABOR USE ONLY Case Number: ______________________ Case Status: __________________ Validity Period: ______________ to _______________ OMB Approval: Expiration Date: 03/31/2016 U.S. Department of Labor F. Job Offer Information (continued) b. Minimum Job Requirements 1. Education: minimum U.S. diploma/degree required * Required Fiel d ✔  None  High School/GED  Associate’s  Bachelor’s  Master's  Doctorate (PhD)  Other degree (JD, MD, etc.) 1a. If “Other degree” in question 1, specify the diploma/ 1b. Indicate the major(s) and/or field(s) of study required § (May list more than one related major and more than one field) degree required § 2. Does the employer require a second U.S. diploma/degree? *  Yes ✔  No 2a. If “Yes” in question 2, indicate the second U.S. diploma/degree and the major(s) and/or field(s) of study required § Required Fiel d 3. Is training for the job opportunity required? *  Yes Required Fi eld ✔ No 3a. If “Yes” in question 3, specify the number of months of training required § 3b. Indicate the field(s)/name(s) of training required § 4. Is employment experience required? * 4a. If “Yes” in question 4, specify the number of months of experience required § (May list more than one related field and more than one type) ✔ Yes Required Fi eld  No 4b. Indicate the occupation required § 5. Special Requirements - List specific skills, licenses/certifications, and requirements of the job opportunity. * Required Fiel d c. Place of Employment Information 1. Worksite address 1 * Required Fi eld 2. Address 2 3. City * 4. County * Required Fiel d Required Fi eld 5. State/District/Territory * 6. Postal code * Required Fiel d Required Fi eld 7. Will work be performed in multiple worksites within an area of intended  Yes  No ✔ employment or a location(s) other than the address listed above? * 7a. If Yes in question 7, identify the geographic place(s) of employment with as much specificity as possible. If necessary, submit an attachment to continue and complete a listing of all anticipated worksites. § Required Fi eld ! " # " $ ETA Form 9142A FOR DEPARTMENT OF LABOR USE ONLY Case Number: ______________________ Case Status: __________________ Validity Period: ______________ to _______________ OMB Approval: Expiration Date: 03/31/2016 U.S. Department of Labor G. Rate of Pay 1. Basic Rate of Pay Offered * 1a. Overtime Rate of Pay (if applicable) § Required Fi eld From: $ _____ . ____ To (Optional): $ _____ . ____ From: $ _____ . ____ To (Optional): $ _____ . ____ 2. Per: (Choose only one) * Required Field ✔  Hour  Week  Bi-Weekly  Month  Year  Piece Rate 2a. If Piece Rate is indicated in question 2, specify the wage offer requirements: § 3. Additional Wage Information (e.g., multiple worksite applications, itinerant work, or other special procedures). If necessary, add attachment to continue and complete description. § H. Recruitment Information 1. Name of State Workforce Agency (SWA) serving the area of intended employment * Required Fiel d 2. SWA job order identification number * 2a. Start date of SWA job order * 2b. End date of SWA job order * Required Fi eld Required Fi eld 3. Is there a Sunday edition of a newspaper (of general circulation) in the area of intended employment? * Name of Newspaper/Publication (in area of intended employment for H-2B only) * 4. From: Required Fi eld 5. From: Required Fi eld (In H-2A this date is 50% of contract period) ✔ Yes  No Dates of Print Advertisement § To: To: 6. Additional Recruitment Activities for H-2B program. Use the space below to identify the type(s) or source(s) of recruitment, geographic location(s) of recruitment, and the date(s) on which recruitment was conducted. If necessary, add attachment to continue and complete description. * Required Fi eld ! " # $ % ! & ' ( ) *++ ,+- ETA Form 9142A FOR DEPARTMENT OF LABOR USE ONLY Case Number: ______________________ Case Status: __________________ Validity Period: ______________ to _______________ OMB Approval: Expiration Date: 03/31/2016 U.S. Department of Labor I. Declaration of Employer and Attorney/Agent In accordance with Federal regulations, the employer must attest that it will abide by certain terms, assurances and obligations as a condition for receiving a temporary labor certification from the U.S. Department of Labor. Applications that fail to attach Appendix A or Appendix B will be considered incomplete and not accepted for processing by the ETA application processing center. 1. For H-2A Applications ONLY, please confirm that you have read and agree to all the applicable terms, assurances and obligations contained in Appendix A. § ✔ Yes  No  N/A 2. For H-2B Applications ONLY, please confirm that you have read and agree to all the applicable terms, assurances and obligations contained in Appendix B. §  Yes  No  N/A J. Preparer Complete this section if the preparer of this application is a person other than the one identified in either Section D (employer point of contact) or E (attorney or agent) of this application. 1. Last (family) name § 2. First (given) name § 3. Middle initial § 4. Job Title § 5. Firm/Business name § 6. E-Mail address § K. U.S. Government Agency Use (ONLY) Pursuant to the provisions of Section 101 (a)(15)(h)(ii) of the Immigration and Nationality Act, as amended, I hereby certify that there are not sufficient U.S. workers available and the employment of the above will not adversely affect the wages and working conditions of workers in the U.S. similarly employed. By virtue of the signature below, the Department of Labor hereby acknowledges the following: This certification is valid from _______________________ to _______________________. ______________________________ Determination Date (date signed) ______________________________________________ Department of Labor, Office of Foreign Labor Certification ______________________________ Case Status ______________________________________________ Case number L. Public Burden Statement(1205-0466) !" # $ % $ & $ $ % ' ( )* + # $ , - . / $ 0 Please send comments regarding this burden estimate or any other aspect of this information collection to the Office of Foreign Labor Certification * U.S. Department of Labor * Room C4312 * 200 Constitution Ave., NW, * Washington, DC * 20210 or by email ETA.OFLC.Forms@dol.gov. Please do not send the completed application to this address. ETA Form 9142A FOR DEPARTMENT OF LABOR USE ONLY Case Number: ______________________ Case Status: __________________ Validity Period: ______________ to _______________ OMB Approval: 1205-0466 Expiration Date: 03/31/2016 H-2A Application for Temporary Employment Certification ETA Form 9142A – APPENDIX A U.S. Department of Labor For Use in Filing Applications Under the H-2A Agricultural Program ONLY A. Attorney or Agent Declaration I hereby certify that I am an employee of, or hired by, the employer listed in Section C of the ETA Form 9142A, and that I have been designated by that employer to act on its behalf in connection with this application. If I a m an agent and not an employee of the employer, then I have attached a Letter of Representation from the employer. I also certify that to the best of my knowledge the information contained herein is true and correct. I understand that to knowingly furnish false information in the preparation of this form and any supplement hereto or to aid, abet, or counsel another to do so is a felony punishable by a $250,000 fine or 5 years in a Federal penitentiary or both (18 U.S.C. 1001). 1. Attorney or Agent’s last (family) name 2. First (given) name 3. Middle initial 4. Firm/Business name 5. E-Mail address 6. Signature 7. Date signed B. Employer Declaration By virtue of my signature below, I HEREBY CERTIFY the following conditions of employment: 1. The job opportunity is a full-time temporary position, the qualifications for which do not substantially deviate from the normal and accepted qualifications required by non-H-2A employers in the same or comparable occupations and crops. 2. The worksite for which the employer is requesting H-2A certification does not currently have workers on strike or being locked out in the course of a labor dispute. 3. The job opportunity is and will continue to be open to any qualified U.S. worker regardless of race, color, national origin, age, sex, religion, handicap, or citizenship, and the employer has conducted and will continue to conduct the required recruitment, in accordance with regulations, and has been uns uccessful in locating sufficient numbers of qualified U.S. applicants for the job opportunity for which certification is sought. Any U.S. workers who applied or apply for the job were or will be r ejected only for lawful, job-related reasons, and the employer must retain records of all rejections as required by 20 CFR 655.167. 4. The job opportunity offers U.S. workers no l ess than the same benefits, wages, and working conditions that the employer is offering, intends to offer, or will provide to H-2A workers and complies with the requirements at 20 CFR 655, Subpart B. 5. The employer understands that it must offer, recruit at, and pay a wage that is the highest of the adverse effect wage rate in effect at the time the job order is placed, the prevailing hourly or piece rate, the agreed-upon collective bargaining rate (CBA), or the Federal or State minimum wage, and, furthermore, that if a new Adverse Effect Wage Rate is published, or the employer is notified of a new prevailing wage rate during the contract period, and that new rate is higher than the wage determined by the NPC (except the CBA) during the application process the employer will increase the pay of all employees in the same job occupation to the higher rate. 6. There are no U.S. workers available in the area(s) capable of performing the temporary services or labor in the job opportunity, and the employer will conduct positive recruitment as specified by the NPC and continue to cooperate with the SWA by accepting referrals of all eligible U.S. workers who apply (or on whose behalf an appl ication is made) for the job opportunity until completion of 50 percent of the contract period calculated from the first date of need indicated in Section B.5 of ETA Form 9142A. 7. All fees associated with processing the temporary labor certification will be paid in a timely manner. ETA Form 9142A – Appendix A FOR DEPARTMENT OF LABOR USE ONLY Page A.1 of A.3 Case Number:___________________ Case Status: __________________ Period of Employment: ______________ to _______________ OMB Approval: 1205-0466 Expiration Date: 03/31/2016 H-2A Application for Temporary Employment Certification ETA Form 9142A – APPENDIX A U.S. Department of Labor 8. During the period of employment that is the subject of the labor certification application, the employer: (i) Will comply with applicable Federal, State and local employment-related laws and regulations, including health and safety laws; (ii) Will provide for or secure housing for workers who are not reasonably able to return to their permanent residence at the end of the work day that complies with the applicable local, State, or Federal standards and guidelines for housing without charge to the worker; (iii) Where required, has timely requested a preoccupancy inspection of the housing and received certification; (iv) Will provide insurance, without charge to the worker, under a S tate workers' compensation law or otherwise, that meets the requirements of 20 CFR 655.122(e). (v) Will provide transportation in compliance with all applicable Federal, State or local laws and regulations between the worker's living quarters (i.e., housing provided by the employer under 20 CFR 655.122(h)) and the employer's worksite without cost to the worker. 9. The employer has not laid off and will not lay off any similarly employed U.S. worker in the occupation that is the subject of the Application for Temporary Employment Certification in the area of intended employment except for lawful, job related reasons within 60 days of the date of need, or if the employer has laid off such workers, it has offered the job opportunity that is the subject of the application to those laid-off U.S. worker(s) and the U.S. worker(s) refused the job opportunity, was rejected for the job opportunity for lawful, job-related reasons, or was hired. 10. The employer and its agents have not sought or received payment of any kind from the H-2A worker for any activity related to obtaining labor certification, including payment of the employer's attorneys' fees, application fees, or recruitment costs. For purposes of this paragraph, payment includes, but is not limited to, monetary payments, wage concessions (including deductions from wages, salary, or benefits), kickbacks, bribes, tributes, in kind payments, and free labor. 11. The employer has and will contractually forbid any foreign labor contractor or recruiter whom the employer engages in international recruitment of H-2A workers to seek or receive payments from prospective employees... 12. The employer has not and will not intimidate, threaten, restrain, coerce, blacklist, or in any manner discriminate against, and has not and will not cause any person to intimidate, threaten, restrain, coerce, blacklist, or in any manner discriminate against, any person who has with just cause: (i) Filed a complaint under or related to Sec. 218 of the INA (8 U.S.C. 1188), or any Department regulation promulgated under Sec. 218 of the INA; (ii) Instituted or caused to be i nstituted any proceeding under or related to Sec. 218 of the INA, or any Department regulation promulgated under Sec. 218 of the INA; (iii) Testified or is about to testify in any proceeding under or related to Sec. 218 of the INA or any Department regulation promulgated under Sec. 218 of the INA; (iv) Consulted with an employee of a legal assistance program or an attorney on matters related to Sec. 218 of the INA or any Department regulation promulgated under Sec. 218 of the INA; or (v) Exercised or asserted on behalf of himself/herself or others any right or protection afforded by Sec. 218 of the INA, or any Department regulation promulgated under Sec. 218 of the INA. 13. The employer has not and will not discharge any person because of that person's taking any action listed in paragraph 12(i) through (v) listed above. 14. The employer will inform H-2A workers of the requirement that they leave the U.S. at the end of the period certified by the Department or separation from the employer, whichever is earlier, as required under 20 CFR 655.135(i), unless the H-2A worker is being sponsored by another subsequent employer. 15. The employer has posted the Notice of Workers’ Rights as required by 20 CFR 655.135(l) in a conspicuous place frequented by all employees. 16. If the application is being filed as an H-2A Labor Contractor the following additional attestations and obligations apply under 20 CFR 655.132: (i) The H-2A Labor Contractor has provided a copy of the MSPA Farm Labor Contractor (FLC) certificate of registration if required under MSPA, 1801 U.S.C. et seq., to have such a certificate identifying the specific farm labor contracting activities it is authorized to perform; (ii) The H-2A Labor Contractor has provided with this application a l ist of the names and locations of each fixed-site agricultural business to which the H-2A Labor Contractor expects to provide H-2A workers, the expected beginning and ending dates when the H-2A Labor Contractor will be providing the workers to each fixed site, a description of the crops and activities the workers are expected to perform at such fixed site, and copies of the fully-executed work contracts with each fixed-site agricultural business so identified; (iii) The H-2A Labor Contractor is able to provide proof of its ability to discharge financial obligations under the H-2A program and has secured a surety bond as required by 29 CFR 501.9, the original of which is attached and shows the name, address, phone nu mber, and c ontact person for the surety, and pr ovides the amount of the bond ( as calculated pursuant to 29 CFR 501.9); ETA Form 9142A – Appendix A FOR DEPARTMENT OF LABOR USE ONLY Page A.2 of A.3 Case Number:___________________ Case Status: __________________ Period of Employment: ______________ to _______________ OMB Approval: 1205-0466 Expiration Date: 03/31/2016 H-2A Application for Temporary Employment Certification ETA Form 9142A – APPENDIX A U.S. Department of Labor (iv) The H-2A Labor Contractor has engaged in and will engage i n recruitment efforts in each area of intended employment in which it has listed a fixed-site agricultural business as required in 20 CFR 655.121, 655.150-155; and (v) Where the fixed-site agricultural business(es) will provide housing or transportation to the workers, proof that: a. All housing used by workers and owned, operated, or secured by the fixed-site agricultural business complies with the applicable housing standards in 20 CFR 655.122(d); b. All transportation between the worksite and t he workers' living quarters that is provided by the fixed-site agricultural business complies with all applicable Federal, State, or local laws and regulations and that it will provide, at a minimum, the same vehicle safety standards, driver licensure, and vehicle insurance as required under 29 U .S.C. 1841 a nd 29 C FR part 500, except where workers’ compensation is used to cover such transportation as described in § 655.122(e); and c. Certificates of occupancy from the SWA for all employer owned housing and copies of all drivers’ licenses, vehicle registration, and insurance policies for all drivers and vehicles used to transport H-2A workers. I hereby acknowledge that the agent or attorney identified in section E (if any) of the ETA Form 9142A and section A above is authorized to represent me for the purpose of labor certification and, by virtue of my signature in Block 5 below, I take full responsibility for the accuracy of any representations made by my agent or attorney. I declare under penalty of perjury that I have read and reviewed this application and that to the best of my knowledge the information contained therein is true and accurate. I understand that to knowingly furnish false information in the preparation of this form and any supplement thereto or to aid, abet, or counsel another to do s o is a f elony punishable by a $250, 000 fine or 5 y ears in the Federal penitentiary or both (18 U.S.C. 1001). 1. Last (family) name 2. First (given) name 3. Middle initial 4. Title 5. Signature 6. Date signed Public Burden Statement (1205-0466) Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. Public reporting burden for this collection of information is estimated to average 1 hour to complete the form and 20 minutes per response for all other H-2A information collection requirements, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The obligation to respond to this data collection is required to obtain/retain benefits (Immigration and Nationality Act, 8 U.S.C. 1101, et seq.). Please send comments regarding this burden estimate or any other aspect of this information collection to the Office of Foreign Labor Certification * U.S. Department of Labor * Room C4312 * 200 Constitution Ave., NW, * Washington, DC * 20210 or by email ETA.OFLC.Forms@dol.gov. Please do not send the completed application to this address. ETA Form 9142A – Appendix A FOR DEPARTMENT OF LABOR USE ONLY Page A.3 of A.3 Case Number:___________________ Case Status: __________________ Period of Employment: ______________ to _______________ OMB Approval: Expiration Date: 03/31/2016 U.S. Department of Labor ADDENDUM ! ! " # $ " FOR DEPARTMENT OF LABOR USE ONLY Case Number: ______________________ Case Status: __________________ Validity Period: ______________ to _______________ OMB Approval: Expiration Date: 03/31/2016 U.S. Department of Labor ADDENDUM ! " # # # $ % # # % #% # & # % # # % % % '" ( ) " * # % # & % # " # # % % # # " " +" # " ) FOR DEPARTMENT OF LABOR USE ONLY Case Number: ______________________ Case Status: __________________ Validity Period: ______________ to _______________ ATTACHMENT TO ETA 790 The term ?Employer? used herein shall refer to the named empioyer{s) in section 1. Workers recruited under this Job Order are recruited to,work on the employer?s farm shown in section 1 in the certi?ed occupation during the period of employment shown in item 9. The employer/members will offer US workers at least the same opportunities, wages, benefits, and working conditions as those which the employer offers or intends to offer to non-immigrant foreign workers. 1. Name and address of employer: Cherry Bay Orchards Inc. 2801 Jacobson Rd, Suttons Bay Ml 49682. 9. Anticipated dates of employment: 8/31/14 until 11/8/14. 10. The number of workers show is the aggregate number of foreign workers that will be employed by the employer under this temporary employment certification. The approximate maximum number of workers (foreign and domestic) to be employed in the certified occupation is shown on the addendum. The numbers shown are approximations provided for the governing administrative agencies. The actual number of workers employed in the certi?ed job opportunities of the grower at any given time may be more or less than the approximate numbers shown in the addendum, depending upon crop conditions, weather, markets or other circumstances that develop during the season. 11. Anticipated Hours of Work: Worker will report to work at the designated time and place as directed by the Grower each day. The standard workweek is 7 hours per day Monday-Friday and 5 hours on Saturday is normal; however, workers may be requested to work 12+ hours per day depending upon the conditions in the fields and maturity of the crops but will not be required to do so. Also, the workers may be requested to work on federal holidays and on their Sabbath but will not be required to do so. Workers may volunteer to work additional hours when work is available. Down Time: Workers should expect occasional periods of little or no work because of weather, crop or other conditions beyond the employer?s control. These periods can occur anytime throughout the season. 12. Starting and ending times may vary according to weather and crop conditions. If a worker is offered and agrees to work more than the scheduled hours during any work day, they must still report to work on their other scheduled days, unless arrangements are approved in advance with the owner or supervisor. Choosing to work longer hours during the week does not exclude you from working each scheduled work day. Not reporting for work on your scheduled work day will be counted as an unexcused absence. The worker agrees to be available for work and perform the assigned work for the assigned employer whenever work is available through the full period of employment shown in Item 9. The worker understands that if he abandons his employment or is terminated for cause prior to the end of the period of employment shown in Item 9 he will forfeit the 3/4 guarantee and reimbursement of certain transportation costs described elsewhere in this job order. Excessive absences and/or tardiness, as defined in the Work Rules, cannot be tolerated and may result in termination 14. Employers will furnish free cooking and kitchen facilities to those workers who are entitled to live in the employers' housing so that workers may prepare their own meals. Workers will buy their own groceries. Once a week the employers will offer to provide (on a voluntary basis by the workers) free transportation to assure workers access to the closest store where they can purchase groceries. Housing is provided at no cost to workers who are not reasonably able to return the same day to their place of residence. This paragraph applies to such workers only. Housing capacity is strictly regulated by the US Department of Labor, and no person, other than those authorized by the employer, may occupy or remain overnight in employer-provided housing. Employer-provided housing will meet the full set of DOL Occupational Safety and Health Administration (OSHA) standards set forth at 29 CFR 1910.142, or the full set of standards set at 654.404 through 654.417, whichever are applicable under 654.401. The housing is offered as temporary in-season (during the employment period only) housing provided for migrant agricultural workers while they are employed at farms beyond normal commuting distance from their residence. Workers provided housing by the employer must vacate the housing upon termination of employment. No charge will be made for beds or cooking utensils and similar items furnished to workers to whom housing is provided hereunder unless unlawfully removed or damaged beyond normal wear and tear. All housing is group housing in which all workers will share kitchens and common areas without regard to gender. Female workers, however, will be provided with sleeping facilities shared only with other family members or with other females. Sex-segregated toilets facilities will be provided. Workers who reside in such housing agree to be responsible for maintaining the housing in a neat and clean manner. Reasonable repair costs of damage or loss of property, other than that caused by normal wear and tear will be charged to the worker if he is found to be responsible for damage or loss to housing or furnishings. Workers residing in employer's housing may have mail directed to them at the employer's address listed in section 1. - 15. All applicants may apply at any local state workforce agency (SWA). SWA staff are encouraged to call The Order Holding Office (OHO) regarding questions, concerns or to initiate a referral of a qualified worker, contact Aaron Stauffer at (231) 922-3730. The Applicant Holding Offices (AHO) should fully apprise the applicant of all terms and conditions of employment prior to referral. For interstate (out of state), and Intrastate applicants should apply at their local state employment agency. State employment service agency staff is encouraged to call the order holding office. SWA should attempt to make a referral while the applicant is at the Job Service. Interviews will be conducted over the telephone for non locals to create less of a burden for applicants, once the employer has fulfilled their requirements of disclosing all terms and conditions of the job and received written confirmation of this. Participation and monitoring 1 14 Polinko #2 harvest apples grapes 790 EXP MI of the interview process by SWA staff guarantees proper disclosure of the terms and conditions and protects the integrity of the interview process. Workers should be fuin apprised by the local employment office of the terms, conditions and nature of employment prior to referral. This will enable applicants to review all the information and make an informed decision about the job and will ensure compliance with disclosure requirements. All interested applicants will need to contact the employer as instructed above, for an application. Completing an application is" part of the interview process. Applications may be returned via fax at (231) 271-6263, attention Linda Polinko. An in person intervaew rs requrred for all local applicants. Workers are screened for compliance with the following criteria: a) confirm ability, availability, qualifications and willingness to perform work described and confirm intention to work the entire season, 2) local workers con?rm availability of reliable daily transportation to and from the job site for the entire season. Non local workers con?rm availability of transportation to job site to begin work, 3) confirmation of full disclosure of all terms, condition, and nature of work-job by local employment staff, 4) affirmative confirmation of legal qualifications to work in the US as described below. The employer may terminate the worker (foreign and/or domestic) with notification to the employment service if employer discovers a criminal conviction record or status as a registered sex offender that employer reasonably believesI consistent with current lawI will impair the safety and living conditions of other workers. Workers recruited against the Job Offer from within normal commuting distance will not be provided with housing, subsistence and transportation. Only workers legally entitled to work in the United States and who posses? original identity and employment eligibility documents sufficient to complete Form l-9, as required by the Immigration and Nationality Act, will be permitted to complete the hiring process. Workers referred against this order should be informed that they must have these documents in their possession when they arrive at the place of employment. Provided that workers complete section 1 of form l-9, workers will have three business days to produce the required documentation to complete section 2 of form l-9, as provided in the Act. Workers not providing this documentation will not be allowed to go to work on the fourth business day of employment, or any subsequent days until the documentation is provided, as provided in the Act. 16. Job Speci?cations: All applicants must have at least 3-months verifiable experience as a fruit farmworker, to include pruning and hand harvesting apples. Applicants must be able to furnish affirmative job references from recent employers operating comparable operations establishing acceptable previous experience. Worker must possess requisite physical strength and endurance to repeat the harvest process though out the workday, working quickly and skillfully to perform activities for which they were hired. Workers must work at a sustained, vigorous pace and make bona fide efforts to work efficiently and consistently that are reasonable under the climatic and other working conditions, considering also the amount, quality, and efficiency of work accomplished by their coworkers. Workers may not leave trash, or other discarded items in work areas or vehicles but must dispose of such items in provided receptacles. Workers must wash hands with soap and water after all bathroom and meal breaks. Allergies to varieties of ragweed, goldenrod, insecticides, related agricultural chemicals, etc, may affect workers ability to perform the work described herein. Workers should be physically able to do the worker described with or without reasonable accommodations. The following description of job activities applies to apples, cherries, pears, and grapes: Care must be taken at all times to ensure fruit is free of bruises and defects. This work order specifically excludes cooling pad activities. Sanitation Requirements: For food and general personal safety purposes, all workers will be required and expected to follow common sanitary practices at all times. This is particularly critical when hand harvesting crops for human consumption. Employees are required to cleanse their hands by washing them thoroughly with soap and water after using the bathroom and before entering the fields for harvest activities. All workers must report all injuries and illnesses to their employer. As well any communicable disease such as but not limited to diarrhea, or any other infectious disease or illness. Workers shall report immediately any cuts or abrasions that cause open bleeding. Workers will perform various tasks involved in harvesting fruit according to supervisor?s instructions. Workers will harvest fruit according to color, size and degree of maturity as specified by supervisor and place into half-bushel baskets taking the extra time, care and effort not to bruise or scar the fruit. Workers may carry full containers weighing approximately 60 lbs. to bins according to supervisor?s speci?cations. Workers will be required to stay on their assigned row. Pruning: While pruning trees, workers will receive proper tools for the particular job, saw, pruners, and hand snips. These tools will be returned to the employer at the end of the task. The cost of tools destroyed maliciously or lost carelessly will be deducted from worker's wages. The supervisor will set a standard or pattern for each orchard and will demonstrate and communicate this to workers. Workers will be assigned rows of trees and must prune each tree according to the predetermined standard. In some instances, pruning will be done from a sixteen-foot ladder weighing up to 30 lbs. All workers must be able to lift and carry ladder, as well as work from the top of the ladder. Workers must remove all resulting materials from the trees rendered from performing pruning tasks. When pruning is complete on each tree, each worker is required to rake and scatter the resulting brush in the center of the tractor/equipment middles. Workers will be required to pick up and return pruning ladders to the ladder wagon provided by the grower at the end of each work day or as directed by the grower or designated supervisor. 2 14 Polinko #2 harvest apples grapes 790 EXP MI Harvest: Workers will be assigned a row usually with a partner and is responsible for picking all the proper fruit from that row, or half row. Fruit is selected from the tree according to size and/or color standard set by the picking supervisor. In some instances, fruit harvest will be done from a sixteen-foot ladder weighing up to 30 lbs. All workers must be able to lift and carry ladder, as well as work from the top of the ladder. The entire tree must be checked to ensure removal of all fruit meeting-picking requirements. Fruit is placed gently in the picking container until container is full. The full picking container weighing up to 60 lbs. is then taken to transport vehicles and gently emptied into a ?eld bin, taking care not to spill or bruise the fruit in the container or in the field bin. Field bin volume may be checked and determined by weight on state certi?ed scales. Workers are required to stay on their assigned row unless directed by a supervisor to change, or to help someone sporadically. Picking units will be kept free of limbs, leaves or mushy fruit. Workers will be required to pick up and return picking ladders to the ladder wagon provided by the grower at the end of each work day or as directed by the grower or designed supervisor. Workers may be required to occasionally move boxes and lugs. Harvest baskets, bins and/or boxes are required to be visibly inspected for the purpose of removing any debris prior to use. Workers may be required to use hand clippers, to harvest apples and grapes. Harvesting may also include gathering up dropped or windfall fruit requiring bending stopping and kneeling. Workers will be required to pick up and return ladders to the designated location as provided by the grower at the end of each work day or as directed by the grower or designated supervisor. BROKEN LADDERS SHOULD NOT BE USED. NOTIFY SUPERVISOR IMMEDIATELY IF A LADDER IS BROKEN. Performance standards: Workers must be able to hand-pick the equivalency of apples and pears to fill 18-20 bushel boxes for fresh market, or 700 pounds of cherries or 2,000 of grapes per 7 hour work day. Workers must be able to maintain harvesting pace at the speed of other workers in crew and must be able to work with a crew. Farm Equipment Operation Durinq Field Operations: Workers may be required to operate tractors and other farm equipment during field operations as an incidental activity in the production of crops. Before any worker is required to operate any farm equipment, the worker will be instructed in the proper and safe operation of tractor. Workers will be required to operate tractors according to instructions and in a manner that protects the operator, other workers, trees, crops and equipment. Repeated failure to obey operating and safety instructions may result in termination. Orchard Maintenance: Workers involved in orchard maintenance may be required to hoe trees, girdle, spread fertilizer, pick up roots and limbs, strip suckers or unwanted growth from trees, dig root suckers, knock fruit off trees, remove vines, lay irrigation pipe, repair and maintain drip system, and strap and tie fruit trees. Employer will provide ail equipment. Instruction will be given for each task and standards of performance communicated to workers. The speci?c standards for a job will be disclosed and demonstrated by the supervisor before the work begins. Workers may be required to apply and work with crop protection materials under supervision with necessary training. GENERAL CONDITIONS APPLICABLE TO ALL CROPS: Field work begins at assigned time usually shortly after daylight. Work is performed during light rain and in high humidity and in temperatures ranging from 100+ degrees to below 35 degrees F. Workers must have multi-limb coordination ability while standing, walking and climbing for long periods while pruning and harvesting. Workers must be able to lift at least 60 consistently throughout the day. Workers will make repetitive movements, extensive pushing, pulling, and walking. Workers will work on their feet in bent position for long periods of time. Workers will supply their own work clothes. This is a very demanding and competitive work in which quality specifications must be rigorously adhered to. Work and/or harvest specifications, can change from time to time during the season due to crop or market conditions, even on the same crop. Workers will be expected to conform to the specific instructions given for each day?s work. Workers must always notify the supervisor or designated employee at the beginning and end of shift and communicating any reason for leaving the field to supervisor or designated employee. Full Crop Commitment: This is regular work, seven hours per day, Monday-Friday, and five hours on Saturday for the full remainder of the period of employment. The worker agrees to work for assigned employer(s) whenever work is available during the full remaining period of employment even though work may be slack at times. The worker understands that if he quits or is terminated for cause prior to the end of the period of employment, he will not receive the 3/4 guarantees discussed below and will not receive certain transportation reimbursements discussed below. Excessive tardiness and/or absences will not be tolerated and will result in termination. Daily individual work assignments, crew assignments, and location of work, will be made by and at the sole discretion of the farm manger and/or farm supervisor as the needs of the farming operation dictate. Workers may be assigned a variety of duties in any given day and/or different tasks on different days. Workers will be expected to perform any of the listed duties and work on any crop as assigned by the worker?s supervisor. 17. Wage Rates, Special Pay Information and Deductions: 3 14 Polinko #2 harvest apples grapes 790 EXP MI The tasks in the crops listed below will be paid at the piece rates listed. All other work listed in job order will be paid the adverse effect wage rate (AEWR) of $1 1 .49 per hour. Apple harvest: When hand picking fresh or processing apples, workers may be paid by the hour or by piece rate. Employer will decide according to orchard and weather conditions which. If workers are paid by piece rate, they will be paid at a minimum of $14.00 per 18 bushel box. When workers harvest dropped or windfall apples, they will be paid $18 per 18 bushel box. Pear Harvest: When hand picking fresh or processing pears, workers may be paid by the hour or by piece rate. Employer will decide according to orchard and weather conditions which. Grape harvest: When hand picking grapes, workers may be paid by the hour or by piece rate. Employer will decide according to orchard and weather conditions which. When paid by piece rate workers will be paid $0.06 per pound of grapes harvesting into an 18 bushel box. When harvesting into a 30# plastic lug, workers will be paid $2 per lug. Persons working on a piece rate are guaranteed that their total earnings will be at least the AEWR for all hours of piece work in the payroll period. If the Worker's piece-rate earnings for the hours worked at piece rate during a payroll period result in average hourly earnings of less than the guaranteed wage per hour the Worker will be provided makeup pay to the guaranteed minimum rate of the AEWR per hour for the hours worked at the piece rate during the payroll period. All other work will be paid the adverse effect wage rate (AEWR) of $11 .49. Employer will pay the highest of the AEWR, prevailing wage, the agreed-upon collective bargaining wage or the Federal or State minimum wage when the work is performed. In the event that the Department Of Labor promulgates a new AEWR applicable to any portion of the period of employment covered by this job order which is higher or lower than the AEWR herein, the employer will pay the higher AEWR, and may, at the employer?s discretion pay the lower AEWR, beginning with the effective date of the new AEWR. 18: More details concerning pay: All domestic and/or nonresident seasonal farm workers employed pursuant to this job order who satisfactorily completed the previous crop season may be compensated above the stated hourly wage rate. This is not promised or guaranteed. The decision to pay above the stated rates will be made by the employer, at their sole discretion, and will be based on factors including the recipients? performance and tenure. A). The employer will make the following deductions from the Worker's wages: FICA taxes, State (if applicable) and Federal Income tax as required by law. Workers will be charged for the following: cash advances and repayment of loans, repayment of overpayment of wages to the worker, payment for articles which the Worker has voluntarily purchased from the Employer, long-distance telephone charges, recovery of any loss to the Employer due to the Worker's damage (beyond normal wear and tear) or loss of equipment or housing items where it is shown that the Worker is responsible, and any other charges expressly authorized by the Worker in writing. No deduction not required by law will be made that brings the worker's hourly earnings below the statutory federal or state minimum wage. There may be deductions that reduce your pay below the stated contract wage; but will not reduce your pay below Federal or State Minimum Wage, whichever is higher. FICA, State and Federal taxes will not be deducted from those worker's wages that are working under a temporary, agricultural visa, unless it?s discovered it is required or if the worker request withholding. B) Employers guarantee to offer employment for the hourly equivalent of 3/4 of the workdays of the total specified period during which the work contract and all amendments thereof are in effect, beginning with the first workday after the workers' arrival at the assigned Grower's farm, ready, willing, able, and eligible to work and ending on the expiration date specified in the work contract and all extensions thereof or upon the termination of this employment as provided below. For purposes of this guarantee, a "workday" consists of seven hours Monday~Friday and five hours on Saturday. The worker is not required to work on his Sabbath or on federal holidays which are New Year's Day, January 1; Martin Luther King, Jr.'s birthday, the third Monday in January; Presidents Day, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Columbus Day, the second Monday in October; Veteran's Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25. On certain of these days, work may be available. If the worker at the conclusion of his work agreement has been afforded less employment opportunity than required under this provision, the worker will be paid at his average hourly rate for the hours, in addition to those actually offered, up to the hourly equivalent of the guaranteed number of days. In determining whether the guarantee of employment has been met, any hours which the Worker fails to work during a workday, when the Employer offers him the opportunity to work, and all hours of work actually performed shall be counted toward meeting this guarantee. C). This employment guarantee shall be terminated before the end of the Period of Employment if the services of the workers are no longer required for reasons beyond the control of the Employer due to fire, frost, flood, drought, hail, other Act of God (AOG) which makes fulfillment of this contract impossible. (CO will be notified and employer will seek approval for AOG's) In such cases, the employer will make efforts to transfer worker to other comparable employment acceptable to worker. If such transfer is not effective, workers will be returned at Employer's expense to the place from which Worker, without intervening employment, came to work for employer. In the event of such termination, the 3/4-guarantee period ends on the date of termination. The guarantee shall be void from 4 14 Poljnko #2 harvest apples grapes 790 EXP MI the beginning should the Worker voluntarily abandon this employment before the end of the contract period or in the event the Worker is terminated for a lawful job-related reason, and the employer notifies the NPC, and DHS in the case of an worker, in writing or by any other method specified by the Department or DHS in a manner specified in a notice published in the Federal Register not later than 2 working days after such abandonment occurs and this will relieve the employer from subsequent transportation and subsistence costs and the 3/4 guarantee. D). The payroll period shall be weekly. E). Employer will provide a worker referred through the SWA Interstate System forty (40) hours of work for the week beginning with the anticipated date of need, unless the employer has amended the date of need by notifying the local employment service office at least 10 working days prior to the original date of need. If the employer fails to notify the order-holding office, then employer shall pay an eligible worker referred through the interstate clearance system $11.49 per hour for the first week, starting with the original anticipated date of need. 40 $11.49 $459.60 gross (before taxes). The employer may require the worker to perform alternative work if the guarantee cited in this section is invoked. If the worker fails to notify the order-holding office of his continuing interest in the job no sooner than nine working days and no later than five working days before the date of need, the worker will be disquali?ed from the above-mentioned assurance. F). The Employer will furnish to the worker, on or before each payday one or more written statements showing the worker's total earnings for the pay period, his hourly rate or piece rate (if applicable); the hours of work which have been offered to the worker, the total hours actually worked by the worker, an itemization of all deductions made from the worker's wages; the worker's net pay; the units produced daily, if piece rate are used; the beginning and ending dates of the pay period; the employer's name, address and IRS identification number. Employer will abide by regulations as stated at 20 CFR 19. Transportation: The Employer will not advance transportation and subsistence costs to Workers for transportation to the place of employment. This subparagraph applies only to Workers who cannot reasonability return to their residence the same day. After the workers has completed 50% of the work contract. All eligible applicants will have their inbound reasonable transportation expenses reimbursed, one time only. Domestic applicants from outside of the normal commuting distance that voluntary chose not to reside in the employer provided housing, the employer will pay for the initial inbound transportation reimbursement. However, the employer will not reimburse any workers for daily transportation cost whether commuting from inside or outside of the area of intended employment. Employer will not pay for voluntary trips back to their residence due to family emergencies, or vacations. The amount of such transportation payment will be equal to the Worker's actual transportation costs not to exceed the most economical and reasonable common carrier transportation charges for the distance involved. in lieu of the above payments to the workers for transportation, the employer reserves the right to charter or otherwise arrange to provide for transportation at the employer's election. Subsistence reimbursement shall be $11.58 per day, without producing documentation of actual expenses, or will otherwise be paid as per 20 CFR 655.122(h) only to those employees who are eligible under the H-2A program regulations for subsistence pay. Maximum Amount to be reimbursed with receipts is $46.00. By way of illustration and not in limitation of the foregoing, the employer will not pay transportation for such worker if he does not have suitable documents to comply with proof of identity and employment eligibility requirements of if he is discharged for lawful job?related reasons, if he has knowledge at the place of recruitment that he cannot perform the duties of the job as described above or if he abandons this employment when he is needed by the Grower. Employer will provide, pay, or reimburse transportation and subsistence under this agreement if the worker is terminated because of work related injury caused by this/these crop activities and is so certified by a doctor acceptable to employer before leaving employers farm, or termination resulting from an Act of God, as outlined in which makes fulfillment of this contract impossible as provided in paragraph 180 or if the worker is displaced by a US. worker under DOL's 50% rule. Employer will offer free transportation for workers living in employer's housing facility both to and from the daily work site. The use of the transportation by the worker is voluntary; no worker will be required as a condition of employment to utilize the transportation offered by the employer. Workers are free to choose their own means of transportation at their own expense. For US workers who complete the work contract and are eligible for the outbound transportation bene?t, or if the employee is terminated without cause, and the worker has no immediate subsequent H2a employment, or an H2a workers that is displaced due the employers obligation under the USDOL 50% rule, the Employer will provide or pay for the worker's reasonable cost of return transportation and subsistence from the place of employment to the place from which the worker departed to work for the employer, except when the worker will not be returning to the place of recruitment due to subsequent employment with another employer. If the subsequent employer has not agreed to provide or pay for the worker's transportation to the subsequent place of employment, the Employer will provide or pay for the transportation and subsistence to the subsequent place of employment in lieu of providing or paying for such expenses from the place of employment to the place from which the worker departed to work for the employer. If the subsequent employer has agreed to provide or pay for the worker's transportation and subsistence to the subsequent place of employment the Employer will not provide or pay for such expenses. The Employer reserves the right to arrange charter or other return transportation. Workers eligible for this benefit who do not wish to avail themselves of employer arranged return transportation would be provided their outbound transportation 5 14 Polinko #2 harvest apples grapes 790 EXP M1 and subsistence by check. in those circumstances, the grower will distribute the checks as soon as all work is completed, as determined by the employer, and the worker is ready to depart. Workers may select any means of transportation home they choose, however, the reimbursement is limited to the most economical and reasonable common carrier transportation cost for the distance involved. Workers who arrange their own transportation understand they assume all liability and hold harmless the growers/association for any damages, injuries, and personal or property losses. 21. US. workers may or may not be covered by unemployment insurance and may or may not be eligible under current unemployment regulations. Workers employed under this job order are designated as seasonal employees. 22. Injuries: Worker will be covered by Worker's Compensation Insurance or equivalent employer provided insurance for injuries arising out of and in the course of employment. Employer assures that there will be no lapse in coverage for workers compensation. The employers workers compensation will be provided throughout the entire length of the contract period Employer's proof of insurance coverage will be provided to the Regional Administrator before certification is granted. All workers must report all injuries and illnesses to their employer. Failure not to do so may result in termination. 23. Employers will provide tools and equipment at no cost for workers to perform the above tasks. Workers will be charged for any willful damage to or loss of such tools and equipment. 24. For workers covered by MSPA 29 CFR 500.075(8) there are not any arrangements made with establishment owners or agents for the payment of a commission or other benefits for sales made to the workers. 28. Other Conditions of Employment: A). Discipline andlor Termination: Employer may discipline and/or terminate the worker for lawful job-related reasons and so notify the Job Service local office of the termination if the worker: a) refuses without justified cause to perform work for which the worker was recruited and hired, b) commit serious act(s) of misconduct or serious or repeated violation(s) of Work Rules. c) fails after completing the training period to perform the work as specified in Item 16 and Attachment, d) malingers or othenivise refuses without justified cause to perform as directed the work for which the Worker was recruited and hired; 9) provides other lawful job-related reason(s) for termination of employment, f) abandons his employment (5 consecutive days of unexcused absences); 9) fails to meet applicable production standards or keep up with fellow workers h) falsi?es identi?cation, personnel, medical, production or other work related records, i) fails or refuses to take a drug test, or j) commits acts of insubordination, k) the employer may terminate the worker (foreign or domestic) with notification to the employment service if employer discovers a criminal conviction record or status as a registered sex offender that em lo er reasonabl believes consistent with current law will im air the safet and livin conditions of other workers. Reason beyond employer?s control? includes termination of workers, if he not a US. worker because a US. worker makes himself available for the job under 50% rule. Workers must notify the employer prior to voluntarily terminating their employment. All wages due will be forwarded to the last known address for Workers that leave without providing notice. It is imperative that workers provide a complete and accurate address to the employer no later than the first day of employment. These employers have a no complete, no rehire policy. Termination for lawful job related reasons before the specified ending date listed in this application will disqualify the employee from future employment opportunities with this employer. Workers who abandon their employment without notice during the period covered by this work agreement will be disqualified from future employment opportunities with this employer. Voluntary resignation before the speci?ed ending date listed in this application may disqualify the employee from future employment opportunities with this employer. For workers who resign their employment voluntarily, the employer will consider and evaluate special circumstances and hardship cases on a case-by-case basis. Employees, without exception, are required to notify appropriate supervisory staff prior to voluntarily terminating their employment to be considered and eligible for exemption to the no complete - no rehire policy. B). The employer may discipline the worker, including requiring the worker to leave the field ("time out") for a period determined by the foreman, suspension from employment for up to three days, or termination of employment as described in termination (A) above. C). Employer Obligation if Employment Extended: No extension of employment beyond the Period of Employment speci?ed in the job order shall relieve the Employer from paying the wages already earned, or if specified in the job order as a term of employment, providing return transportation or paying return transportation expenses to the Worker. D). Employer Notification of Changes in Employment Terms and Conditions: Employers will expeditiously notify the order-holding local office or State agency by email immediately upon learning that a crop is maturing earlier or later, or that weather conditions, over recruitment, or other factors have changed the terms and conditions of employment. The terms of this Work Agreement thereafter may be changed upon posted notice to the Worker. E). Outreach Workers: Outreach workers shall have reasonable access to the Worker in the conduct of outreach activities pursuant to 20 CFR 653.107 and 20 CFR 653.501. F). Training: There will be a short demonstration period (up to 1 hr.) to familiarize workers with job speci?cations, to demonstrate proper methods and other crop specific issues. The employer will not provide separate formal orientation or training periods for each different 6 14 Polinko #2 harvest apples grapes 790 EXP MI crop or each different type of task or job assignment covered within the job description. After completion of the training period the employer will expect all workers to possess the skills to work in the production of the crops above. For purposes of this section seven or more hours will be considered one day. After the one-day (7 hour) training and acclimation period, workers who fail to meet this standard and/or who fail to perform the work in the manner specified may be terminated G). Work Agreement: A copy of the contract or Job Clearance Order and work rules (copy attached) will be provided to the worker by the employer no later than on the day the time at which the worker applies for the visa (for foreign workers), or to a worker in corresponding employment no later than on the day that work begins. H). Employer agrees to abide by the regulations at 20 CFR 655.135. I). The employer as a part of positive recruitment as per 20 CF 655.154 is willing, if and when any substantial number of applicants are available, to coordinate group transportation arrangements (to facilitate their purchase of bus tickets etc.), where appropriate, and to provide any additional information that workers need to coordinate their arrival. J) We are an equal opportunity employer. Women and minorities are encouraged to apply to these positions. K). SUBSTANCE ABUSE POLICY: This employer will strive to provide a safe and healthful work environment, free of substance abuse, for the protection of our associates, employees and visitors. The use, possession or being under the influence of illegal drugs or alcohol during working time is prohibited. (Alcohol may be permitted in the housing facility outside work hours.) Employees may also be requested to take random drug tests at no cost to the worker. Workers are subject to random drug testing effective their first date of work. Failure to comply with the request or testing positive will result in immediate termination. L). Pursuant to 20 CFR each employee that enters the United States with an H-2A temporary work visa must return at the end of the period listed in this contract and certified by the US. Department of Labor or upon separation from the employer, whichever is earlier, unless the employee is being sponsored by another subsequent H-2A employer. M) Grievance Policy: If any area of your work is causing you concern, you have the responsibility to address your concern with your immediate supervisor. Most probiems can and should be solved in discussion with your immediate supervisor; if after these attempts there is no satisfactory resolution, you should bring your concerns to upper management. This employer strongly urges the reporting of all incidents of discrimination, harassment or retaliation, regardless of the offender's identity or position. Individuals who believe they have experienced any of these or who have concerns about such matters should file their complaints before the conduct becomes severe or pervasive. individuals should not feel obligated to file their complaints with their immediate supervisor first before bringing the matter to the attention of upper management. Our goal is to have a work environment where we all treat each other respectfully and professionally. Any unprofessional or disrespectful behavior, even if not illegal, that interferes with that goal and will not be tolerated. The employer reserves the right to respond to inappropriate behavior even where no one has complained or indicated they have been offended N) The employer committed to providing a safe, flexible and respectful environment for employees, staff, clients, or anyone you come into contact with on company business, free from all forms of sexual harassment. Any type of sexual harassment is grounds for immediate termination. Sexual harassment is a specific and serious form of harassment. It is defined as: unwelcome sexual behaviour, which could be expected to make a person feel offended, humiliated or intimidated. Sexual harassment can be physical, spoken or written. It can include: a) comments about a person?s private life or the way they look, b) sexually suggestive behaviour, such as leering or staring, c) brushing up against someone, touching, fondling or hugging, d) sexually suggestive comments or jokes e) displaying offensive screen savers, photos, calendars or objects, f) repeated requests to go out, 9) requests for sex, h) sexually explicit emails, text messages or posts on social networking sites. Just because someone does not object to inappropriate behaviour in the workplace at the time, it does not mean that they are consenting to the behaviour. Sexual harassment is covered in the workplace when it happens at work, at work-related events, between people sharing the same workplace, or between colleagues outside of work. 7 14 Polinko #2 harvest apples grapes 790 EXP MI CHERRY BAY ORCHARDS INC WORK RULES The following work rules are intended to provide guidance to workers on the standards of conduct and performance expected of them by the Employer, these work rules are only a suggestion to the employer. The employer?s use of these work rules is entirely voluntary. The employer may develop and enforce his/her own work rules. Violation of these rules or other lawful job-related employer requirements, including these work rules, would be considered grounds for discipline or immediate discharge. Penalties for infractions may include suspension from work without pay for the remainder of the day, or for up to three days, in the sole judgment of the Employer, depending on the seriousness of the infraction, the worker's prior record, and other relevant factors. Repeated, serious, or aggravated infractions may result in immediate discharge. Workers are expected to comply with all rules relating to discipline, attendance, work quality and quantity, and the maintenance of all property. 10. 11. 12. 13. Workers must perform their assigned work in a careful, workman-like manner in accordance with the provision of the work contract. Sloppy work will not be tolerated. Use or possession of alcoholic beverages or illegal drugs is strictly prohibited during work time or during any workday before work is completed for the day (such as during meals); workers may not report for work under the influence of alcoholic beverages or illegal drugs. Illegal drugs may not be used or kept on any employer premises, including housing at any time. Use or possession of illegal drugs, falling or refusing to take a drug test will be CAUSE FOR IMMEDIATE TERMINATION. Excessive absences and/or tardiness will not be permitted. Employees are expected to be present, on time, able and willing to perform the assigned work every scheduled workday. This is not sporadic or "day work." Excessive absences are defined as: Two unexcused absences in a 30-day period. Five consecutive days of unexcused absences is considered abandonment of their position. Violation will be CAUSE FOR IMMEDIATE TERMINATION. Workers must report at assigned time and place each workday as directed by the grower or supervisor. WORKERS WILL BE FOR EXCESSIVE TARDINESS. Excessive tardiness is defined as 2 unexcused tardies in a row or 5 unexcused tardies in a period of thirty days. Workers who reside in such housing agree to be responsible for maintaining the housing in a neat and clean manner, allowing for reasonable wear and tear. Workers shall cooperate with other workers assigned to such housing in maintaining common kitchen and living areas in good condition. Workers will be required to keep the exterior area surrounding the camp clean and clear of debris. Workers shall report any problems with housing to the employer or designated supervisor. Workers living in employer's housing assigned to bunk beds may not separate bunk beds, as floor space in sleeping rooms is needed by all occupants. Workers living in employer's housing may not cook in sleeping rooms or any other non-kitchen areas. Workers are forbidden from removing batteries from smoke detectors for any reason. VIOLATION WILL BE CAUSE FOR IMMEDIATE TERMINATION. Workers must not drop paper, cans, bottles and other trash in fields, packing house, or on housing premises. Trash and waste receptacles must be used. Workers may not take unauthorized breaks from work. Workers may not leave the field or other assigned work area without permission of farmer or person in charge. Workers may not enter employer's premises without authorization. Workers may not begin work prior to scheduled starting time or continue working after stopping time unless authorized by the employer. Workers living in employer's housing may not have guests in housing premises after 10:30 pm. except on Saturday night on which guest hours end at 12:00 am. No persons, other than workers assigned by employer to a room, may sleep in any room. Workers may not deliberately restrict production. 8 14 Poljnko #2 harvest apples grapes 790 EXP MI 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Any worker who verbally or physically threatens another worker, the farmer or any supervisor with any tool or weapon WILL BE SUBJECT TO IMMEDIATE DISCHARGE. WORKERS WILL BE DISCHARGED for fighting on the employer's premises, including housing premises, at any time. Workers may not post or remove any notices, signs, or other instructions from the employer's bulletin boards or the employer's property without specific authority from the employer. WORKERS WILL BE DISCHARGED if they steal from fellow workers or from the employer. Workers may not falsify identi?cation, personnel, medical, production or other work-related records. VIOLATORS WILL BE SUBJECT TO IMMEDIATE DISCHARGE. Workers may not willfully abuse or destroy any machinery, truck or other vehicle, equipment, toois or other property belonging to the employer or to other employees. VIOLATORS WILL BE SUBJECT TO DISCHARGE IMMEDIATELY. Workers may not use or operate trucks or other vehicles, machines, tools or other equipment and property to which the worker has not been specifically assigned by his supervisor. Workers may not use or operate trucks or other vehicles, tools or other equipment or property for their personal use unless expressly authorized by the employer. Workers may not misuse or remove from the farm premises without authorization from his supervisor any employer property such as trucks and other vehicles, beds, refrigerators, tools, etc. VIOLATORS WILL BE SUBJECT TO DISCHARGE IMMEDIATELY Workers must obey all safety rules and common safety practices and must report any injuries or accidents to their supervisor or the employer's as soon as is reasonably possible. UNSAFE WORK BEHAVIOR MAY SUBJECT THE VIOLATOR TO DISCHARGE. Workers must follow supervisor's instructions. Workers may not commit acts of insubordination - failure to regard authority. After the training period, workers are expected to posses the skills necessary to perform the job described in the work agreement and to the standard set by the employer. Workers may not interrupt other workers rest/sleep period by excessive noise or commotion. Workers must not play loud music after 9:00 PM on work nights or after 12:00 AM on Saturday night. Workers will not knowingly engage in any type of behavior or take any action that might cause the grower to be out of compliance with any local, state, or federal law. Personal vehicles are not allowed in the fields. Personal vehicles will need to BE left at designated location as set by them employer. General Work Rules and Regulations The following work rules are intended to provide guidance to workers on the standards of conduct and performance expected of them by Cherry Bay Orchards, Inc. Violation of these rules or other lawful job-related employer requirements, including these work rules, will be considered grounds for discipline or immediate discharge. Penalties for infractions may include suspension from work without pay for the remainder of the day, or for up to three days, in the sole judgment of the Employer, depending on the seriousness of the infraction, the worker's prior record, and other relevant factors. Repeated, serious, or aggravated infractions may result in immediate discharge. HARVEST RULES: 1. Starting time will be from approximately 8:00 9:00 am., and quitting time will be from approximately 4:30 6:00 pm. Because of inclement weather, you may be asked to work on Sunday. Employer will determine. 2. Any problems with housing must be reported to supervisor early in morning. 3. All pickers must check in and out with their supervisor each day. 9 14 Polinko #2 harvest apples grapes 790 EXP MI 4. Apples and grapes are to be picked bruise free and without spurs and leaves. Do not shake trees to remove fruit. Do not knock fruit off with ladders and no drops in boxes of hand picked fruit. Apples must be picked with the palm of hands NOT fingertips. Fruit must be placed in buckets, boxes lugs carefully to prevent bruising. 5. Each employee will receive a detailed picking demonstration and ladder placement before starting to pick. 6. Bottoms of trees cannot be picked more than two (2) trees down the row. 7. Place boxes in location for easy pick up. Boxes must be filled as directed rounded up if no bottom boards, and flat if boxes have bottom boards. Unfilled boxes will be paid at a reduced rate. 8. Ladders must be kept standing at all times and ladders should be moved with side rails when practical. Pointed end of ladder will always be on the ground when in use. Inspect your ladder and other harvest implements each morning and clean if necessary. 9. Picking buckets must be checked out at the beginning of the season. Employee final paycheck will not be issued until bucket is returned. Use only these buckets. Strings are not to be made longer than when issued. Never set your picking bucket on the ground. GENERAL RULES: 10. Absolutely no visitors, friends or domestic animals are allowed in the orchard. You may not bring children to work with you or allow your children, or any children under your supervision, to be in the orchards, on or about farm equipment, in food handling storage areas, or on any part of the farm?s work areas. 11. Personal vehicles are not allowed in the orchard and will be parked in areas designated by your supervisor. You are required to inform your supervisor if you see any unauthorized or unfamiliar individuals/cars, trucks in the orchard. 12. No cell phones, radios, CD players, MPD3 players, or other electronic devices with headphones are permitted during work activity and/or while driving company vehicles. Use of these devices during work hours will result in Supervisor asking to hold employee device until the end of employee shift. Second offense during work hours may result in the termination of employee?s employment. 13. Payday will be Friday after 4:00 pm. You will be paid for all fruit picked through the previous Saturday. Paychecks will ONLY be given to the employee. Work week is Sunday through Saturday. GOOD AGRICULTURAL PRACTICE WORK RULES, HEALTH HYGIENE: Employee Health And Hygiene: Employees must follow proper sanitation and hygiene practices including use of water, bathroom and hand washing facilities. 0 Employees must wash hands before beginning, or returning to work. (eg. From all breaks, use of restroom facilities, working on machinery). Signs will be posted in designated areas to remind you of this policy. 0 Employees are to use proper sanitation facilities and each employee should be aware of the importance of good hygiene practices to minimize exposure to the hazards in the field of heat, communicable diseases, retention of urine and agrichemical residues. Urinating and defecating in any growing area is prohibited. 1. Use the water and facilities provided for drinking, hand washing, and elimination. 2. Drink water frequently, especially on hot days. 3. Urinate as frequently as necessary. 4. Wash hands both before and after using the toilet. 5. Wash hands before and after eating and smoking. 0 Certain work vehicles and all restrooms will be equipped with soap and water for washing hands. Only use single-use towels to dry hands and place in waste receptacle. Hand washing water must be potable. However, in some instances, the operation may add chlorine or other acceptable agents to potable water in order to further reduce the possibility of contamination during hand washing. Although this water may not be suitable for drinking it shall be acceptable for hand washing. Employees will use the restrooms in a manner to maintain usability and will report any lack of usability to a supervisor. Used toilet tissue must be paced into the toilet fixture. 0 Employees are to keep their finger nails clean, trimmed short, free of nail polish and false nails. Clothing: Employees should not wear loose clothing and instead should wear snug-fitting clothes. Employees are prohibited from wearing jewelry or any type of clothing that could be a source of product contamination. This includes necklaces worn outside of clothing, bobby pins and clothing with sequins or studs. If you wear gloves, they must be clean and latex free. Never take your gloves into the restroom or lay them on the ground. If covering a hand wound, the glove must be waterproof. Cherry Bay Orchards will supply gloves if needed. Designated Eating And Smoking Areas: Smoking, eating, drinking, spitting, and gum chewing are prohibited in the growing area. Please use designated areas only. Signs will be posted to remind you of those locations. Enclosed vehicles may be used as a designated location. Only bottled water is acceptable in the work area provided it is in clear plastic containers and stored below the 10 14 Polinko #2 harvest apples grapes 790 EXP MI product flow zone. Glass containers are not allowed in the fields, cooling pads or near the harvest operation. Garbage containers will be provided and maintained in the eating area or crew vehicles. No trash is to be left in the orchard. Illness And lnjury: Employees who have diarrhea or any of infectious diseases must not handle any produce, and must IMMEDIATELY report condition to 080. Employees with exposed boils, sores, infected wounds or any other source of abnormal contamination are prohibited from contact with harvest product. Cuts or other open injuries must be treated by proper first aid supplies and be properly covered with a non-porous covering such as a plastic glove. Employees must report any time produce comes in contact with blood or other bodily fluid. Contacted produce must be destroyed. Any equipment or containers exposed to any bodily fluid must be disinfected prior to reuse. This includes harvesting buckets and plastic lugs. First aid kits are available for all employees. Any cuts, abrasions or other injuries must be IMMEDIATELY reported to a supervisor and properly and treated. Contamination 0f Produce: Employees must inspect fruit and containers. lf employees find evidence of glass, metal, plastic, or other dangerous object in field, packing area or any farm building, employees must notify 080 immediately and any contaminated produce must be discarded according to our standard operating policy. NEVER PUT ANY ITEMS (SODA, WATER BOTTLES) IN BOXES OR LUGS. If employees know of any contamination of produce by chemicals, petroleum, pesticides, or any other contaminating factors, Employees must notify CBO immediately and fruit must be discarded. If fruit is spilled on the ground or comes in contact with any unsanitary surface, it also must be discarded and containers cleaned and disinfected prior to reuse. lf employee notices any unknown persons handling fruit, or in unauthorized areas, such persons should be reported to C80. Harvesting Containers and Equipment: Harvesting containers must not be used for carrying anything except fruit. Employees must inspect their bucket each morning and clean if necessary to insure any foreign objects such as glass, metal, rocks, nuts, loose boards or other dangerous/toxic items are not present. if any of these items are present, they must be removed prior to use. if your bucket needs repair or is dirty, the supervisor will provide a replacement and repair or sanitize the problem bucket. Employees will use care to remove or keep dirt, sand, and mud from entering harvest or storage containers during harvest. Keep any type of chemical containers away from harvested apples, grapes, bins and lugs. When using stem clippers for harvest, you must return the clippers to your supervisor they can be cleaned and sanitized. Never take your clippers into the restroom and do not lay them on the ground. Employees who are stationed around equipment must know the location of the controls to safely start and stop machinery. You must notify a supervisor immediately if there are any unsafe conditions with the equipment that may endanger employees or contaminate apples. Animals: Animals are not allowed in fields or packing areas of the farm. Employees shall notify 080 if there is major evidence (fecal material) of domestic or wild animals in any of these areas. Pesticides: if you are responsible for pesticide applications, you must be properly trained on best management practices, have read and understood the pesticide label, and, if necessary, be certified by the Michigan Department of Agriculture to apply restricted use pesticides or be a trained handler. 11 14 Polinko #2 harvest apples grapes 790 EXP MI CHERRY BAY ORCHARDS, INCaltar: .Firestone-Kelch 14 mi? . 3_ . 3 Melsu'am-Soper 15 i . i; Ema {6:26y i a M-x R?im?k $52.6; 363'?! hm :k i Kevin Herman 22 dug?n- -0 Don Herman? Jacobson Rd. 24 4i'mw Solem Home 38 ?1 Kruplca 51533; 3 . ?muq uni-rot ., :53 32.? ?tx?rwn rm. A l?mhmf.? h; I tijliaur'l If li?uumm Ex??em-nd 3 C) 5: "5 'uwn??m Cooling Pad 55 jimt?sl?lili Bourdo 13 Deibel-Bentlv 16 Deibel-Anderson West 13 Anderson Deibel l7 Chen-v Basket 19 magi: q" 0 Deibel Omena 20 Silverleaf 29 CHERRY BAY ORCHARDS, INC. So?thern Farms Weiler Front 60 . Guman Weiler Birch Lee 61 Cooling Pad 55 53$? Newton 62 Mawbv 70 - Bahle Kohler Rd North 72 - Bahle Kohler Rd South 71 ems; . Rd . Donner Center Hwy 78 Shamowski 74 Porrit 80 I ?Mc 5.: Shadv Lane 75 7 Draper 79 we Boone 68 art86 tum-,1 Lakcview West 83 Lakeview East 82 Summit West 83 Summ1t West 85 - 641 Central Farms Black Red Vingsness 575 - Ski-e? v. Don Herman Gills Pier Kr. Genrino a? Knla?k a 2 5 {?rk?i?i?i riff}. . Stowe 41 2 new} ail is?? w. ?nger} 1- 13. meg Peterson Lawton Back 80 a; Putnam 30 :E?i?li?iifi Nelson Gill 3 a, j? i A h. Lawton Home 1 7 . Southwell31 Larson 45 .jf 253;. i Ance 4o GTB 56 Silverleaf 29 "it: Bakker 47 {a Solem BSD-Solar 34 . .. Kalchik48 '5 J: A Water Tower Kalchik-Scahub 49 Solem Home 38 Schaub 50 Thomas 5 5w Cooling Pad 55 VanSlooten Inn-mm mph: ?lial-9i walnuts-Hummus: I. Bahle North 37 Niessink 53 Mork 52 CHERRY BAY ORCHARDS, INC.