U.S. Department Labor xii?) Employment and Training Administration .o ?a ryow?dWL- "va nwupmdownward 1205-0134 APR 1 {3 gm gaxylgauon Date: October31,2015 ?7 . {13% 2 Agricultural and food Promos! ETA Form 796 Orden de Empleo para Gbrerosi?i?robaiador maggaoranraaiiwoa?ws bmi. comm-Sim (Print or type in each field block- To Include additional Information. g?mfm?mmtw- y-Siep Instructions) (Favor do our Iotra do mold: en la solicitor! - Para inclulr information adicional rm cl panic 28 - Favor do :09 ulr la: insiruocionos 31350-843310) 1. Empioyer?s andior Agenl?s Name and Address (Number. Street, City. Siaie and Code Hombre Direeclon do! Empioadodi?alrdn yio Agents (Ndmoro. Gallo, Ciudad. Eslado Postal )1 North Carolina Growers Association,1nc.iNCGA} 9.0. Box 399/230 Cameron Ave. - Vaas, NC 28394 Tel. 910.245.2969 Addendum for NCGA Grower Member Description.Te1ephono,Crop and Workers Requested a) Federal Employer identi?cation Number Nisrnoro {moral do Iden??wdfm dQIEmpleadon neon Ind. grown unborn tiling thin you Application jointly an Mancunian Hutu Application? scan and its numb"; no joint. Implant: [or pxogzm application purpoin lauds; tho auditions It 20 ?SsJ-m 1b} . b) Telephone Number I Ndmero do NCGA 910.245r2969 Grower Member - See Addenda c) Fax Number I Ndmero do Fax: NCGA 910.245.3891 d) E-maii Address i Direction do Correo Electronics: NCGA - 1wicker@nogrowers . org Nos. 4 through 8 for STATE USE-own Ndmeros 4 a 8 para U50 ESTATAL 4. SOC Occupational ?rJob Order No. i Nomi do Order: de Code I C?dlgo induslriai: Empiao: ?5?10? [034,554.23 3. SOC (ONETIOES) Occupational Title I Dcupacionai ?rm tiers} Lahore 6. Address of Order Holding Of?ce (include Telephone number)! do Ea Oricina donde so radico la oieria (incioya ndmero do iai?ionol: . 0. Box 27625 Raleigh, N.C. 27611 Telephone 919.815.0544 3. Name of Local Of?ce Representative (include direct dial telephone number) I Nomer (fol Ropresenlanie do is O?cina Local (inciuya oi ndmoro de ial?iono do su ilnea director). W.L. Grant 2. Address and Directions to Work Site 1 Domicilio Sirocciones al lugar do Hoods: . NCGA i asociatmon) Phyalcal Location is as follows; 230 Camoron Avenue, Vasa,NC 26394 (Moore County NC) Off of US Highway 1 South Turn Right Hwy 690,?urn Right Alma Street. Turn Lo?t Cameron Avenue. Actual Farm Locations Are In Variouo Counties Throughout The State of NC. Please See Grower Addendum For County and Physical Location of Bach NCGA Grower Member's Farm. 7. Ciearance Order Issue Date! Fecha do Emisrdn do Ea Orden do Empieo: 4?1045 8. Job Order Expiration Date 1 Pedro de Voocimienlo Expiracion de la Onion daEmpieo: 9. Anticipated Period of Employmen: i Periodo aniicioado provisio do Empieo: 10. Number of Workers Requesin i Romero do iraboiadores Soiicitados: 726 3. Address and Directions to Housing 1 Domicilio Dimmiouos ai Edgar do viuionda: Actual 0n Farm Housing Locations Are In Various Counties Throughout The State 0: NC. Pleaoe Sou Addondum For Cauncy and Physical Location 05 Each NCGA Grewor Member's Housing. mleaao Contact NCGE For Driving Directions To Grower Specific Housing Locationloi. a) Description of Housing I Desodpcion de i3 vivierrda: Housing Type Varies By Farm Location And Includes Wood FrameiWPi,SharodiSHi,Mobilo HomeiMH), Hotel/Motell?oi. Please See Addendum For A Description 0? Each NCGA Grower Memberla Housing. Please See Attachment To ETA 790 - Section 14, And Housing Rules For Comprehensive Disclosure 06 Housing Terms and Conditions Being Offered To Employees Eligible For The Conditional Benefit Ad Required By The H-2A Program Reguiations A: 20 CPR 655.222id). ii. Anticipated Hours oi Work per Week! Horas Anilcipadasli?rovlsias de Trabajo pot Samana. Total: 4 0 Sundayinomioga Thumdaerueves ?7 Mondayi Luoos 4 Friday Memes Tuesdayr?Marlos 1 Saturday/S?bado WednesdayiMl?rcoias :2 12, Anticipated range of hours for dl?eroni seasona! activities: Range provisto do horas par alas dilemmas aciividades de la iamporada: 7:00am-3:00pm with 1 Hour For Lunch, In General Days and Haura Vary Widely Dopcnding on Real Time Circumstances: Soo attachment to ETA ?90 for complete Disclosure. 13. Coiled Calls Accopiod imm: Llamadas por Cobrr do: Empioyerl Empleador. Yesi Si No El No Collect Calls Ara Accepted By NCGA or the Grower Membera. 14. Describe how the employer intends to provide either 3 meals a day to each worker or furnish free and convenient cooking and kitchen facilities for workers to prepare meals 1' Describe c?mo el, empleador tiene la intenciOn de ofrecer. ya sea 3 comidas at die a cedar trabajador, proporcionar gratuitamente instalaciones plara cocinar. 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. Terms and Conditions for Housing Benefit: Housing will be provided at no cost to workers who live beyond normal commuting distance and are unable to reasonably return to their place of residence the same day. Housing is not provided and is not available to noneworkers. If a worker entitled to employer?provided housing elects not to live in the employer?provided housing, the worker must make this election in writing on a form provided by the employer. The following paragraphs describing the terms and conditions of housing apply only to workers occupying housing provided by the employer. The housing provided varies according to location, and includes individual frame or masonry houses, mobile homes(trailers), apartment-style buildings and dormitory?style buildings, and or motel rooms depending on location. All housing will meet all Federal, State and local housing standards that apply in the jurisdiction involved. The location of employer?provided housing varies with the location of the work assignment. The NCGA is a joint?employer association and workers are subject to transfer as the work requirements of the association?s members dictate. Thus, workers may be required to change housing accommodations during the season. If necessary, daily transportation will be provided at no cost from employer~provided housing to the daily work site and return for workers who occupy employer?provided housing. Workers who occupy employer?provided housing may have mail directed to them at the employer?s address on the attached addendum, and will be provided a name and telephone number for use in contacting the worker in case of emergency. This information will be posted at the housing facility. Housing capacity is strictly regulated by the US Department of Labor, and no person, other than the eligible employees authorized by the employer, may occupy or remain overnight in employer?provided housing. 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. Workers provided housing by the employer who are transferred to new employment will be provided housing during the period between jobs, if any. 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 when necessary. There is no charge for housing or utilities to eligible workers provided housing by the employer. If a worker provided housing by the employer is found to be responsible for damage or loss to housing or furnishings other than that caused by normal wear and tear, the reasonable repair or replacement cost of damaged or lost property will be deducted from the workers wages. Employer?provided housing is equipped with kitchen facilities, cooking utensils and similar items for the use of residents. Kitchen facilities and utensils will be shared by all residents of the housing unit. In some instances a general kitchen may be provided with a central cook. Special circumstances will be disclosed in writing. Housing will be kept clean and in compliance with OSHA farm labor camp standards when occupied. The housing must remain in compliance with OSHA standards during the period of occupancy. Occupants must cooperate with the employer and other workers in maintaining the housing unit in a clean condition and good repair. Residents are required to report any compliance problem with the housing to the employer or supervisor immediately upon discovery. Residents must not take any action to deliberately cause the housing or the grower to be out of compliance with any federal, state or local regulation. The employer, who is ultimately responsible for ensuring compliance, retains the right to inspect the housing to assure compliance with OSHA standards. Access to housing by Job Service outreach workers and other authorized government personnel in the exercise of their official duties is permitted. Non~governmental outreach workers, social service providers and other visitors will be permitted in the common area and other parts of the housing premises provided their presence does not disrupt nor interfere with the right of quiet enjoyment of other residents. Where there is no common area, the employer will ensure that an appropriate location at the place of employment for such visits is provided. Visitors who disrupt residents' quiet enjoyment of their housing will be required to leave the premises. Commercial solicitation will not be permitted. Visitors soliciting or engaging in illegal activity will be reported to law enforcement authorities and required to leave the premises. The housing provided is group housing. All residents must be mindful of the right of other resident for quiet enjoyment of the housing. For the protection of the employer and the employer's property, and to assure the comfort of all residents, the employer has developed housing rules which are posted in all housir units. All residents and visitors will be required to comply with these housing rules. Violators of the housing rules will be subject to disciplinary action, up to and including termination of employment and removal from the housing. Please see Section 14 of ETA-790 Attachment and Housing Rules For Complete Disclosure Housing Terms and Conditions. -2- Referral instructions and Hiring information I sobre c?mo Referir Candidates/Soiicitantes - (Explain how applicants are to be hired or referred, and the Employer'sIAgent?s available hour to interview workers I Explique Como ios candidates seran contratados referidos, las horas disponibles del empleador/agente para entrevistar a toe trabajadores). See instructions for more details I Vea ias instrucciones para mas detaltes. To be employed in this agricultural employment opportunity worker must have 1 month of verifiable general experience. The referral under this job order from the Applicant Holding Office is to be made to the: North Carolina Growers Association P.O. Box 417 vass, NC 28394 Telephone: 252.527.0567 Workers are screened for compliance with the following criteria: a. Confirm abilitylwith or without reasonable accommodation), availability, qualifications and willingness to perform all work described and confirm intention to work for entire season. b. Local workers confirm availability of reliable daily transportation to and from the job site for the entire season. Non?local workers confirm availability of transportation to job site to begin work. c. Confirmation of full disclosure of all terms and conditions and nature of work?job description by local employment service staff. d. Affirmative confirmation of legal qualifications to work in the US as described below. Growers will accept referrals or applications from any source. All local and intrastatetin state) applicants may be referred by the NC State Workforce Agency (NC SWA) directly to the NCGA for interview or interested applicants may contact NCGA directly. Interview hours are 8:00 AM - 12:00 PM Monday through Friday, except for federally recognized holidays. Although not required, all interstatetout of state applicants interested in this job offer are strongly encouraged to solicit the assistance of the nearest local employment services (SWA) in their state for a referral to NCGA to insure full disclosure of the terms and conditions, and to confirm employment starting date prior to departing for NC. This will help to avoid confusion and mistakes. Interstate SWA's are strongly encouraged to contact the North Carolina Department of Commerce DiviSion of Employment Security Agricultural Services Central office in Raleigh N.C. at (919) 814?0544 prior to contacting the NCGA to confirm the terms, conditions and start date of the job. Workers referred by SWA's should be fully apprised by the local employment office of the terms, conditions and nature of employment prior to referral. Only workers legally entitled to work in the United states and who possess original identity and employment eligibility documents sufficient to complete INS Form 1?9, as required by the Immigration and Nationality Act, should report to work. 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 to go to work. Employees must present an original document or documents that establish identity and employment eligibility as required by the INA within three business days of the date employment begins. Please see the back of the form I-9 for a list of acceptable dooumentts). Employees who do not comply with this requirement by the end of the third work day will not be permitted to continue employment until this requirement has been satisfied. 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 believes, consistent with current law, 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/or transportation. Workers May Be Required To Take A Drug and/or Alcohol Test At No Cost To The Worker. Testing Positive Will Result In Immediate Termination. Testing Is Not Part Of The Application/Interview Process And Will Occur After Employment Begins. 16. Job description and requirementsl Descripoic?m requisites del trabaio: Workers will expected to work in Tobacco (Flue Cured) and other Diversified crops such aszBurley Collards,5quash,string Tomatoes,Ja1apeno Peppers, Banana Peppers.Cuban~L Peppers, BlueberrieS. Watermelon, Cantaloupes,Soybeans,Cotton, Greens,0kra,Wheat,Pumpkin and Gourds. Specific instructions and close supervision will be provided by the farm owner and/or supervisor designated by the grower. Workers will be expected to perform their duties in a timely and proficient manner and will have close supervision to insure adherence to instructions. Work will be closely monitored and reviewed for quality. Much More - See Attachment To ETA-790 Section 11 For Comprehensive Disclosure. Must be able to lift up to 60 pounds through out the entire work day. 1. is previous work experience preferred? I Se prefiere previa experiencia? Yes I Si No if yes, number of months preferred: I Si es asl, numero de ""9585 d6 verifiable experience in general farm work is required. See attachments for more details. 2. Check all requirements that apply: Cl Certi?cation/License Requirements I Certificacic'JnILicencia Requisitos Criminal Background Check I Verificaci?n de antecedentes penales Driver Requirements I Requisitos del conductor 8 Drug ScreenI Deteccion de Drogas Cl Employer Wili Train I Empleador entrenara adiestrara Extensive Pushing and Pulling I Empujar Jalar Extensamente El Extensive Sitting I Estar sentado largos ratos Extensive Walking I Caminar por iargos rates 8 Exposure to Extreme Temp. I Expuesto a Temperaturas Extremas Frequent Stooping I Inclinandose agachandose con frecuencia Lifting requirement! Levantar Cargar 6 lbs/?bras OTIHoliday is not mandatory I Horas Extras (sobre tiempo) I Dias Feriados no Repetitive Movements I Movimientos repetitivos obligatorio 17. Wage Rates, Special Pay information and Deductions Tarifa de Pago, lnformaci?n Sobre Pages Especiales Deducciones (Rebajas) Crop Activities Hourly Wage Piece Ratef Special Pay Deductions? Yes/Si No Pay Period! Unit(s) (bonus, etc.) Periodo do Page Cultivos Salario por Hora Pages Especiales Deducciones Page por Pieza/ (Bono? etc') Unidad(es) Flue Social Security I El Weekly/ Semanal Cured Tobacco 10 32 None segum SOCial Burley Federal Tax! a Cl Tobacco 10.32 None Impuesms Federales State Tax Bi-weekly/ cucumber 0-75 Per llmpuestos Quincenal Harvest 5/8 bu. None Sweet $0.45 per Meals/Comidas El El El Potatoes 5/8 bu. None Other (specify) El Cl Hay Straw 10.32 None Otrolespec'flca) I I OtherIOtro Please See Attachments ETA79O Section 9 For Full If Applicable Disclosure Of Crops/Pay Rates,and all pay related(* Exclude Information Unless Provided By Employer 18. More Details About the Pay I Mas Detailes Sobre el Page: See 790 AttaChment-Section 9 (A) ~Deducti0ns Workers are guaranteed that their total earnings will be at least equal to the applicable AEWR per hour for all hours worked in pay period. If a worker?s total earnings in any pay period in which the worker has worked at a piece rate are less than the applicable AEWR for all hours worked in the pay period, the employer will increase the worker's pay to the guaranteed minimum for the total hours worked in the respective pay period. In accordance with the regulations at 20 CPR 655.122l1) governing rates of pay, the wage rate offered herein is the highest of the applicable adverse effect wage rate, the prevailing hourly or piece rate, the agreed upon collective bargaining wage or the Federal or State minimum wage rate, in effect at the time work is performed for every hour or portion thereof worked during a pay period covered by the approved labor certification, the AEWR is subject to go up or down and the growers will make the adjustments accordingly when the AEWR is published in the Federal Register. All activities not listed as paid by piece rate will be paid by the hour. Basis of Pay: Some work activities contained in this application for temporary employment certification for agricultural workers under the DOL program are paid by the hour and some are paid by the piece with a minimum hourly guarantee. Please see ETA 790 Attachment for full disclosure of specific activities and the respective basis of pay for each commodity and/or activity. The estimated hourly earnings listed above for activities paid at piece rates are only estimates; they are not representations or guarantees that any worker will in fact earn the amounts shown. Persons working on a piece rate are guaranteed that their total earnings will be at least the applicable 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 applicable hourly AEWR rate the Worker will be provided makeup pay to the guaranteed minimum hourly rate for the hours worked at the piece rate during the respective payroll period. The employer will pay the prevailing piece rate in a crop activity for which a piece rate is specified if the DOL determines that a higher piece is prevailing in the crop activity in the area of intended employment than the piece rate specified herein as soon as US DOL provides appropriate written notice to the Association or employer. The employer will apply the prevailing hourly rate in a crop activity for which an hourly rate is specified if DOL determines that a higher hourly rate is prevailing in the crop activity in the area of intended employment than the hourly rate specified herein as soon as US DOL provides appropriate written notice to the Association or employer. Please see the Attachment to qua PTA '7er Full Hi nan-rs A'hnnr and hacris (11? pay 19. Transportation Arrangements/Arreglos de Transportacion In accordance with the regulations found at 20 CFR 655.122lh) the following begins the required disclosure of the terms and conditions related to the conditional transportation benefit and related subsistence benefit, when applicable. The Employer will offer transportation to and from the daily work site (from grower provided housing to field or other worksite and return) at no cost to the workers entitled to the housing benefit described in Section 3 of the ETA Form 790/Grower Addendum attachment, and paragraph 14 in the ETA 790 Attachment For US workers who commute to work daily, the grower will offer free on farm transportation during the work day. Commuting U.S. workers understand that it is their responsibility to get to work on time each day work is available and that they solely assume all liability and costs for their personal transportation to and from work each day and at work if they voluntarily choose to drive. The use of employer provided daily transportation by workers, as described in this paragraph, is voluntary; no worker is required as a condition of employment to utilize the daily transportatiOn on the worksite offered by the employer. Employer will provide free transportation to eligible workers from the housing site to the worksite and return. Workers are always free to choose their own means of transportation at their own expense and liability. Workers who arrange their own transportation understand they aSSume all liability and hold harmless the growers association for any damages, injuries, personal or property losses. Please note that most growers, not all, have agricultural commodities in more than one county. Some growers have commodities in multiple counties. In the attachments to the ETA 790 Section 17 you will find the required disclosures related to inbound and outbound transportation benefits relevant only to workers who are not within normal commuting distance of their assigned job and who therefore cannot reasonably return to their place of residence the same day and are, therefore, potentially eligible for the conditional inbound transportation and subsistence reimbursement benefit and potentially eligible for conditional outbound transportation and subsistence benefit if they complete the work contract. The Employer will not advance transportation and subsistence costs to the place of employment for any worker. Please See ETA 790 Attachment Section 17 For Full Disclosure Related To Conditional Transportation Benefits Of This Job. -4- 20. Is it the prevailing practice to use Farm Labor Contractors (FLC) to recruit, supervise, transport, house, andlor pay workers forthis (these) crop activity (ies)? I (3E5 la practice habitual usar Contratistas de Trabajo Agricola para reclutar, supervisar, transportar, dar vivienda, y/o pagarle a los trabajadores para este(os) tipo(s) de cosecha(s)? Yes Si CI No If you have checked yes, what is the FLC wage for each activity? Si contesto cual es el salario que le page al Contratista de Trabajo Agricola por cada actividad? 21. Are workers covered for Unemployment Insurance? I gSe le proporcionan Seguro de Desempleo a los trabajadores? YeslSiKl No aPplicable All US workers referred though the Interstate Clearance System for employment under this agreement will be covered by unemployment insurance. Whether such employment constitutes covered employment for benefit eligibility purposes will be determined by unemployment insurance regulations in effect at the time a claim is filed. 22k Are workers covered by workers' compensation? 'S,e le groves se uro de compensaci?nlindemnizacion al trabajador: Yes/Sig} ,No Wor er Will be covered by Worker?s Compensation nsuran or equivalent employer prov1ded insurance for injurles arising out of and in the course of employment. Workers must report all injuries and illnesses to their employer and the North C??0k&na Growers,Association immedi tely at (910) ?45-2 69 'lure to do so may result in terminatpon. re too 5, supplies, and equrpment provr ed at no charge tot wor ers? lg, les proveen herramientas equrpos costo a guno a los trabaiadores? Employers will provide tools and equipment at no cost for workers to perform work. Workers will be charged for any willful damage to or loss of such tools and equipment in compliance with 20 CFR 655.122ip) (1). Yes/Sim NOD 24. List any arrangements which have been made with establishment owners or agents for the payment of a commission or other benefits for sales made to workers. (If there are no such arrangements, enter "None".) Enumere todos ios acuerdos convenios hechos con los propietarios del establecimiento sus agentes para el pago de una comision otros beneficios por ventas hechas a los trabajadores. (Si no hay ningl'Jn acuerdc convenio, indique "Ninguno".) None?For workers covered by MSPA there are no arrangements made with establishment owners or agents for the payment of a commission or other benefits for sales made to workers. 25. List any strike, work stoppage, slowdown, or interruption of operation by the employees at the place where the workers will be employed. (if there are no such incidents, enter Enumere toda huelga, paro interrupcion de operaciones de trabaio por parte de los empieados en el lugar de empleo. (Si no hay incidentes de este tipo, indique "Ninguno".) . None In compliance with 20 CFR No strike or lockout: The work site for which the employer is requesting certification rdoes not currently have workers on strike or being locked out in the course of a labor dispute. 26. Is this job order to be placed in connection with a future Application for Temporary Employment Certi?cation for HHZA workers?! LEsta orden de empieo ha sido puesta en conexidn con una futura soiicitud de certificacidn de empteo temporal para trabajadores Yes/Sig} No This ETA 790 and Attachments for farmworkers is being placed in connection with a future NCGA Joint Employer Master application listing all employers, duly named,for workers covering various farms throughout the State of NC. This disclosure is provided in compliance with 20 CFR 655.121(l) and 20 CFR 27. Employer?s Certification: This job order describes the actual terms and conditions of the employment being offered by me and contains all the material terms and conditions of the job. I Certificacidn del Empleador: Esta orden de trabajo describe ios terminos condiciones del empleo que se le ofrece, contiene todos Ios terminos condiciones materiales ofrecidos. North Carolina Growers Association and Joint Employer Members (See Addendum) Employer?s Printed Name Title Nombre Titulo en Letra de del Empleador mil to (ac 15 Employer gnature?l Firma Titulo del Empieador Date Fedha by Harry Lee Wicker. Jr./Deputy Director READ CAREFULLY, In view of the statutorily established basic function of the Employment Service as a no-fee labor exchange. that is, as a forum for bringing together employers and job seekers, neither the Employment and Training Administration (ETA) nor the State agencies are guarantors of the accuracy or truthfulness of information contained on job orders submitted by employers. Nor does any job order accepted or recruited upon by the American Job Center constitute a contractual job offer to which the American Job Center, ETA or a State agency is in any way a party. LEA CON CUIDADO, En vista de la funcion b?sica del Servicio de Empieo estabiecida por ley, como una entidad de intercambio laboral sin comisiones, es decir, como un foro para reunir a los empleadores Ios solicitantes de empleo, ni ETA ni Ias agencias del estado pueden garantizar Ia exactitud veracidad de la informacion contenida en las drdenes de trabajo sometidas por ios empleadores. Ni ninguna orden de trabajo aceptado contratado en el Centro de Carreras (American Job Center) constituyen una oferta de trabajo contractuales a las que el American Job Center, ETA 0 un organismo estatai es de ninguna manera una de Ias partes. PUBLIC BURDEN STATEMENT The public reporting burden for responding to ETA Form 790, which is required to obtain or retain bene?ts (44 USC 3501), is estimated to be approximately 60 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and reviewing the collection. The public need not respond to this collection of information unless it displays a currently valid OMB Control Number. This is public information and there is no expectation of con?dentiality. Send comments regarding this burden estimate or any other aspect of this collection, including suggestions for reducing this burden, to the US. Department of Labor, Employment and Training Administration, Of?ce of Workforce investment, Room C4510, 200 Constitution Avenue, NW, Washington, DC 20210. DECLARACION DE CARGA PUBLICA La carga de informacion pt?iblica para responder a la Forma ETA 790, que se requiere para obtener retener bene?cios (44 USC 3501). se estima en aproximadarnente 60 minutos por respuesta, incluyendo el tiempo para revisar Ias instrucciones, buscar fuentes de datos existentes, recopilar revisar la coteccion. El piibiico no tiene por que re5ponder a esta recopiiacion de informacion a menos que muestre un numero de control OMB valido. Esta informacidn es publica no hay ninguna expectativa de con?denciaiidad. Envie sus comentarios acerca de esta carga cualquier otro aspecto de esta coieccidn, inctuyendo sugerencias para red ucir esta carga, al US. Department of Labor, Employment and Training Administration, Of?ce of Workforce investment, Room 0-4510, 200 Constitution Avenue, NW, Washington, DC 20210. -6- 28. Use this section to provide additionai supporting information (including section Box number). inctude attachments, if necessary. I esta secci?n para proporcionar informaci?n adicional de apoyo; incluya el numero de ia secci?n inciuya archivos adjuntos, si es necesario. PLEASE SEE ATTACHMENTS TO THE ETA 790 FOR COMPREHENSIVE DISCLOSURE OF ALL TERMS AND CONDITIONS GOVERNING THESE EMPLOYMENT OPPORTUNITIES. 20 CFR 653.501 Assurances INTRASTATE AND INTERSTATE CLEARANCE ORDER The employer agrees to provide to workers referred through the clearance system the number of hours of work per week cited in Item 10 of the clearance order for the week beginning with the anticipated date of need, unless the employer has amended the date of need at least 10 working days prior to the original date of need by so notifying the Order-Holding Office (0H0). If the employer fails to notify the OHO at least 10 working days prior to the original date of need, the employer shall pay eligible workers referred through the intrastate/interstate clearance system the specified hourly rate or pay, or in the absence of a specified hourly rate or pay, the higher of the Federal or State minimum wage rate for the first week starting with the original anticipated date of need. The employer may require workers to perform alternative work if the guarantee is invoked and if such alternative work is stated on the job order. The employer agrees that no extension of employment beyond the period of employment shown on the job order will relieve the employer from paying the wages already earned, or specified in the job order as a term of employment, providing transportation or paying transportation expenses to the worker?s home. The employer assures that all working conditions comply with applicable Federal and State minimum wage, child labor, social security, health and safety, farm labor contractor registration and other employment?related laws. The employer agrees to expeditiously notify the OHO or State agency by telephone 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 employer, if acting as a farm labor contractor, has a valid farm labor contractor registration certificate. The employer assures the availability of no cost or public housing which meets applicable Federal and State standards and which is sufficient to house the specified number of workers requested through the clearance system. . The employer also assures that outreach workers shall have reasonable access to the workers in the conduct of outreach activities pursuant to 20 CFR 653.107. Employer?s Name Employer Members Date; (See Addendum) Employer?s Signature 3k - by Ha ry chker, Jr. Deputy Director, NCGA Besides the material terms and conditions of the employment, the employer must agree to these assurances if the job order is to be placed as part of the Agricultural Recruitment System. This assurance statement must be signed by the employer, and it must accompany the ETA Form 790. REQUEST FOR CONDITIONAL ACCESS TO THE INTERSTATE CLEARANCE SYSTEM This request for conditional access into the intrastate and/or interstate clearance system is made on behalf of the indicated employer(s), disclosed on the addendum, whose housing has not yet been inspected and found in compliance with applicable regulations and is made with the express understanding that the respective employer(s) assume(s) the legal obligation under the applicable regulations for timely compliance with applicable housing standards. Please see addendum for housing description, if applicable, for each respective employer. 04/ 2015 Signed) Date1 I NORTH CAROLINA GROWERS ASSOCIATION CONTINUATION OF TEXT TOBACCO DIVERSIFIED CROP ATTACHMENT TO ETA 790 20 15 Workers recruited under this Job Order are recruited to work on any member employer's farm, and will be assigned and transferred, as needed, to meet the needs of Association members for workers in the certi?ed occupation during the period of employment shown in Item 9 of ETA Form 790. 7. The North Carolina Growers Association, Incorporated is a non-pro?t growers c00perative (agricultural association), as de?ned at 20 CFR that consists of ?xed site farmers (employer members) across the state of NC, that recruits, solicits, hires, employs, furnishes, houses, shares, transfers among its certi?ed members and transports workers subject to section 218 of the INA in the joint employer format enabled by the statute. As de?ned at 20 CFR 65 5.103(b) and provided at 20 CFR 655.13 l(a~b) and the North Carolina Growers Association is making this master Application for Temporary Employment Certi?cation as a joint employer association with its employer members pursuant to the governing regulation at 20 CFR The number of workers shown in Section B. Item 7 and 7(a) of the ETA Form 9142 and Section 10 of the ETA Form 790 is the aggregate number of foreign workers that will be employed by the association and its employer members under this temporary employment certi?cation application. The approximate maximum number of workers (foreign and domestic) to be employed in the certi?ed occupation by the individual employer member(s) of the association are shown in the Addendum (the list of employers). The numbers shown in the addendum are approximations provided for the convenience of governing administrative agencies. Pursuant to 20 CFR all temporary labor certi?cations issued to the Association may be used for the certi?ed job opportunities of any of its members. Pursuant to 20 CFR workers authorized by the temporary labor certi?cation may be transferred among its certi?ed employer members to perform work for which the temporary labor certi?cation was granted. The Association will control the assignment of workers authorized by the temporary labor certi?cation and maintain records of such assignments, and may, as allowed by the regulation, transfer workers among its certi?ed employer members as needed, from time to time, during the period of employment, to perform the work for which the temporary labor certi?cation was granted. The actual number of workers employed in the certi?ed job opportunities of an Association member at any given time may be more or less than the approximate numbers shown in the addendum, depending upon real time conditions, including, but not limited to, crop conditions, weather, markets or other circumstances that develop during the course of the growing season. The number of workers requested in Section B. Item 7 and 7(a) of the ETA Form 9142 and Section 10 of the ETA Form 790 is not the sum total of the approximate number of workers (foreign and domestic) shown in the addendum because workers may work for more than one employer member over the course of the employment period. 9. Wage Rates, Special Pay Information and Deductions: 1 Overtime Rate of Pay: Not Applicable in this Application for Temporary Employment Certi?cation for Agricultural Workers under the Program. The tasks in the crops listed below will be paid at the piece rates listed. All other work will be hourly paid at the applicable houly adverse effect wage rate (AEWR). Workers are guaranteed that their total earnings will be at least equal to the applicable AEWR per hour for all hours worked in pay period. If a worker?s total earnings in any pay period in which the worker has worked at a piece rate are less than the applicable AEWR for all hours worked in the pay period, the employer will increase the worker?s pay to the guaranteed minimum for the total hours worked in the respective pay period. In accordance with the regulations at 20 CFR 655.122(l) governing rates of pay, the wage rate offered herein is the highest of the applicable adverse effect wage rate, the prevailing hourly or piece rate, the agreed upon collective bargaining wage or the Federal or State minimum wage rate, in effect at the time work is performed for every hour or portion thereof worked during a pay period covered by the approved labor certi?cation, the AEWR is subject to go up or down and the growers will make the adjustments accordingly when the AEWR is published in the Federal Register. All activities not listed as paid by piece rate will be paid by the hour. Basis of Pay: Some work activities contained in this application for temporary employment certification for agricultural workers under the DOL H-2A program are paid by the hour and some are paid by the piece with a minimum hourly guarantee. Please see below for full disclosure of speci?c activities and the respective basis of pay for each commodity and/or activity. The tasks in the crops listed below will be paid at the piece rates listed herein. All other work will be paid the applicable hourly adverse effect wage rate (AEWR). Crop Activity Piece Rate Unit Estimate of Hourly Earnings Cucumbers Harvest? .75 per 5/8 bu. $10.32 Long Green Cucumbers Harvest- .52 per 5/ 8 bu. $10.32 Bell Pepper Harvest- .44 per 5/8 bu. $10.32 String Beans Harvest? 2.00 per 5/8 bu. $10.32 Butter Beans Harvest? 2.50 per 5/8 bu. $10.32 Long Hot Pepper Harvest 1.00 per 5/8 bu. $10.32 Jalapenos Harvest 1.50 per 5/8 bu. $10.32 Strawberries Harvest- $1.00 per 1 gal. $10.32 Sweet Potato Harvest $.45 per 5/8 bu. $10.32 Banana Peppers Harvest? .75 per 5/ 8 bu. $10.32 Grape Harvest $10.32 per hour $10.32 Hot Cherry peppers Harvest? 1.50 per 5/ 8 bu. $10.32 Red/White Potatoes Harvest- .30 per 5/ 8 bu. $10.32 Cuban-L Peppers Harvest? .35 per 5/ 8 bu. $10.32 Setting Strawberry Plants - $1.00/ 100 plants $10.32 Transplanting Strawberry Tips 100 tips $10.32 Blueberries Harvest? $5.00 per 12 pint ?at $10.32 Tieing Tomato Plants - $3 5/ 100 row ft. $10.32 Cutting Tomato Strings - 100 row ft. $10.32 Pruning Tomato Plants - 5340/ 100 row ft. $10.32 Picking Cherry Tomatoes $2.00 5/8 bu. $10.32 Picking Green Tomatoes $.40 5/ 8 bu. $10.32 Picking Pink Tomatoes - $.50 5/8 bu. $10.32 Picking Roma Tomatoes - $.70 5/ 8 bu, $10.32 Pulling Turnips $.80 5/8 bu. $10.32 The tasks listed above will be paid at the above listed piece rates whenever possible. In instances when, in the employer?s judgment, working conditions are unusually adverse, the employer may, in its discretion, temporarily raise the piece rate above the rates listed above, or may elect to pay workers at the applicable hourly AEWR rate, in order to assure workers fair earnings. None of the tasks listed above will be paid at less than the above-listed piece rates. When picking pickle cucumbers each worker will be paid a minimum of $.75 per 5/8 bushel bucket for all buckets picked during the pay period and will be guaranteed the however the workers earnings will be based on the various sizes of the cucumbers picked each day by the total crew. Each bucket picked will include cucumbers of all marketable sizes. These full buckets picked by all pickers in the crew will be dumped in a common field bin. The worker will be given a token or ticket for each 5/8 bushel bucket dumped in the bin. The cucumbers will be taken to the grading station operated by the company that buys the pickles grown by the Employer. The buyer's grading machine separates by size the pickles furnished by the Employer. The Employer is paid for his cucumbers by size grading; the Employer will pay the workers 44% of the total proceeds. Each bucket under this system equals one 5/8U.S.bushel. At the end of the grading process, the total crews earnings are determined for the day. The mix rate for the day will be determined by dividing the total number of 5/ 8 bushel buckets picked by the crew into the total earnings of the crew. The individual worker?s earnings will be determined by the number of 5/8 bushel buckets picked that day times the determined mix rate. In no instance will a worker receive less than $.75 per 5/8 bu. bucket for each bucket picked over the course of a pay period. The estimated hourly earnings listed above for activities paid at piece rates are only estimates; they are not representations or guarantees that any worker will in fact earn the amounts shown. Persons working on a piece rate are guaranteed that their total earnings will be at least the applicable 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 applicable hourly AEWR rate the Worker will be provided makeup pay to the guaranteed minimum hourly rate for the hours worked at the piece rate during the respective payroll period. The employer will pay the prevailing piece rate in a crop activity for which a piece rate is speci?ed if the DOL determines that a higher piece is prevailing in the crop activity in the area of intended employment than the piece rate speci?ed herein as soon as US DOL provides appropriate written notice to the Association or employer. The employer will apply the prevailing hourly rate in a crop activity for which an hourly rate is speci?ed if DOL determines that a higher hourly rate is prevailing in the crop activity in the area 3 of intended employment than the hourly rate Speci?ed herein as soon as US DOL provides appropriate written notice to the Association or employer. Flue Cured Tobacco, Burley Tobacco, Asparagus, Peas, Collards, Sweet Potato Transplanting, Sweet Corn, Watermelon, Hay, Straw, Cantaloupes, Soybeans, Cotton, Pumpkins, Turnips, Eggplants, Onions, Squash, Grapes Harvest, Cabbage, Radishes, Spinach, Strawberry cultivation, Tomatillo, Kale, Mustard Greens, Okra, and Gourds are paid at the applicable hourly adverse effect wage rate (AEWR). A. The employer will make the following deductions from the Worker's wages: All deductions required by law, including, but not limited to, FICA taxes, Federal and State Income taxes, court and administratively ordered garnishments and other withholdings as well as for repayment of 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 reasonable deductions expressly authorized by the Worker in writing. Deductions from pay may be made for payment of the ,Worker?s portion for any Employer-sponsored health care bene?t that may be offered to the Worker for the Worker and the Worker?s dependents that the Worker chooses to purchase. The Worker will not be required by the Employer to purchase any health care bene?t that may be offered and may choose to state in writing that the Worker declines to purchase any such Employer-sponsored health care bene?t. If the Worker timely chooses to purchase any such health care bene?t, at the time the Worker states his or her desire to purchase such a health care bene?t by completing and submitting any required written application any such health care bene?t, the Worker also will be required to authorize a once a month deduction from the Worker?s wages to pay the Worker?s portion of the insurance premium. Such authorization by a Worker for the Employer to make a once a month deduction from wages, that is for the deduction to be made from wages paid on one payday per month, to pay the Worker?s share of the health bene?t premium must be made in writing and signed by the Worker. The Worker?s decision to decline or to accept the opportunity to purchase any health care bene?t that may be offered (including the Worker?s authorization to the Employer to continue deductions from wages for the Worker?s share of each premium as may be required by applicable law or by the insurance carrier or by both) will likely be irrevocable for the remainder of the bene?t plan year for which the offer and acceptance are made, absent a ?qualifying event? affecting the Worker. Information concerning the amount that the Worker must pay as the Worker?s share of the premium cost in order to purchase a health care bene?t will be provided in writing if such a plan is offered. Bene?ts offered under any health care plan, if offered, and other terms under which any such plan will be offered will be governed by the terms of any such health care plan, the requirements of any insurance company or third party administrator as well as by payroll administration requirements. No deduction not required by law will be made that brings the worker?s hourly earnings below the FLSA Federal statutory minimum wage, except and unless, as allowed by law. B. Employers guarantee to offer employment for the hourly equivalent of 3/4 of the workdays of the period during which the work contract and all amendments thereto are in effect, beginning With the ?rst workday after the workers? arrival at the assigned Employers place of employment and the worker is ready, willing, able, and eligible to work and ending on the expiration date speci?ed in the work contract or any extensions thereof or upon the termination of this employment as provided in paragraph below. For purposes of this guarantee, a "workday" consists of seven hours daily Monday through?Friday and ?ve 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; Washington's birthday, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the ?rst 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, at the conclusion of the work agreement, the worker has been offered less employment than required Under this guarantee, the employer will pay the worker, at the worker?s average hourly rate for the hours actually worked by the worker, for those hours in addition to the hours of work offered, required to ful?ll the guarantee. In determining whether this guarantee of employment has been ful?lled, the employer will count as hours of work offered all hours actually worked. In addition the employer may count hours of work offered all hours for which work was offered and not worked which do not exceed a total of hours worked and hours offered but not worked of the normal work hours. The guarantee described in this paragraph shall not apply if the worker voluntarily abandons this employment before the end of the contract period or in the event the worker is terminated for a lawful job-related reason. The guarantee described in this paragraph shall not apply to an H-ZA alien worker who is terminated because of the employer's compliance with the requirement to employ all quali?ed eligible US. workers who apply during the ?rst 50% of the employment period in accordance with the rule at 20 CFR C. The work contract 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 ?re, frost, ?ood, drought, hail, other Act of God or weather condition which makes ful?llment of this contract impossible as determined by the CO under the regulation at 20 CFR In such cases, the employer will make efforts to transfer the worker to other comparable employment acceptable to the worker consistent with existing immigration law, as applicable. If such transfer is not affected, the workers will be returned at Employer's expense to the place from which Worker, without intervening employment, came to work for the employer. In the event of such termination, the guarantee described herein at paragraph in compliance 7 with the Three-fourths guarantee regulation described at 20 CPR ends on the date of termination. The guarantee shall be void from 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 lawful job-related reason. D. The payroll period shall be weekly. Workers will be paid weekly. E. In accordance with the regulations governing agricultural clearance orders at 20 CFR 653 the employer will provide a US. worker referred through the Agricultural Recruitment System forty (40) hours of work for the week beginning with the anticipated date of need, speci?ed in item 9 of the ETA Form 790 unless the employer has amended the date of need by notifying the local NCESC of?ce at least 10 working days prior to the original date of need. If the employer fails to notify the order?holding of?ce, then employer shall pay an eligible worker referred through the interstate clearance system the hourly AEWR Wage Rate for the ?rst week starting with the original anticipated date of need. 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 of?ce of his continuing interest in the job no sooner than nine working days and no later than ?ve working days before the date of need, the worker will be disquali?ed from the above?mentioned assurance. Alternative work will be general farm labor and farm maintenance activities including, stacking tobacco racks, cleaning and maintaining migrant housing, pulling and chopping weeds, cutting ditch banks and hedge rows, cutting ?re wood, fence mending and the repair and maintenance of farm buildings and equipment. F. The Employer will furnish to the worker, on or before each payday one or more written statements showing 1. The worker's total earnings for the pay period; 2. The workers applicable hourly rate and/or piece rate; 3. In accordance with the 3/4 guarantee described in preceding paragraph B. (if applicable) the hours of work which have been offered to the worker; 4. The total hours actually worked by the worker; 5. An itemization of all deductions made from the worker's wages; 6. If applicable, the number of units produced daily and the piece rates used; 7. Beginning and ending dates of the pay period; and 8. The employer's name, address and IRS identi?cation number; and 9. The worker?s net pay. 10. Anticipated Hours of Work: Worker will report to work at the designated time and place as directed by the Grower each day. The standard work week of 7 hours per day Monday through?Friday and 5 hours on Saturday is normal. Workers may be requested to work up to 10 hours per day depending upon the conditions in the ?elds and maturity of the crops, but will not be required to work more than 7 hours a day Monday through Friday and 5 hours on Saturday. Workers may be offered 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 employers control. These periods can occur anytime throughout the season. 11. Job Speci?cations: Continuation of Text From Section 15 of ETA Form 790 - To be employed in this agricultural employment opportunity worker must have 1 month of veri?able general farmwork experience. APPROXIMATE TIME DURING THE CONTRACT PERIOD OF CROP ACTIVTIES FOR ALL COMMODITIES INCLUDED IN THIS APPLICATION: All of the time frames related to speci?c of job activities listed in the job descriptions for each commodity listed in Item 11 are approximations for the purpose of disclosure to potential applicants, applicants, and employees, both domestic and foreign. The job activities described may, in fact, occur earlier and/or later depending on a wide variety of variables including, but not limited to, weather conditions, weather disaster(s), Acts of God, disease pressure, positive or negative market conditions, availability or lack of availability of production inputs, high or low costs of available inputs, and other factors, that the grower could not reasonably anticipate at the time this application is submitted with NC US DOL ETA and that is beyond the control of the growers. These deveIOping factors could occur at anytime during the course of the growing season. TRANSPLANT PRODUCTION AND PRE-PLANT ACTIVITIES: Workers may perform seeding activities in greenhouses to prepare for planting. Workers will move soil materials, ?ll seeding trays, plant seeds, water seedings, fertilize seedlings, monitor growth and growing conditions. Workers will also perform activities to prepare land for planting outside the greenhouse. These work activities anticipated to be performed at any time/various times throughout the entire period of employment. FLUE CURED TOBACCO: Growing Tobacco transplants: Greenhouse preparation, seeding, and maintenance; and plant bed preparation, seeding and maintenance. Transplant Activities. Cultivation and maintenance activities. Harvest, curing, baling, and preparation for marketing. These work activities anticipated to be performed at any time/various times throughout the entire period of employment. FLUE CURED TOBACCO: Job Description - Continued - Workers will plant, cultivate and harvest tobacco by hand. Harvest workers will move along rows and break off ripe leaves of tobacco. Workers will then place the leaves between their body and their arm until an arrnload has been gathered. Workers will then carry the tobacco in an orderly arrangement and place on the trailer. The worker will then return to their prescribed row and repeat the process. Workers must be able to distinguish ripe tobacco by observing the color of the leaves. Care must be exercised to prevent breaking of the plants. Workers must move quickly along the rows and move in unison with the ?eld sleds. Workers may ride/operate mechanical transplanter for planting and/or mechanical harvester for harvesting. May walk behind transplanter to reset missing plants. May walk behind harvester to pick up dropped leaves. Workers must remove all ?owering tops and suckers from tobacco plants in a careful manner that does not damage the plant. Workers may assist in removing tobacco from barn, placing on sheets to be bound and loaded on trucks or may assist in baling tobacco by placing cured tobacco onto conveyor loading system or directly into baler. Weight of sheets of tobacco may be 300 lbs. Worker's are required to work in ?elds when tobacco leaves are wet with dew or rain. If workers are required to work in light rain, rain gear will be provided at no cost to the workers. Worker will stand for prolonged periods of time to prime (pull) leaves which are from two (2) to ten (10) inches from the ground. Workers may be exposed to noxious plants or insects. Temperatures in tobacco ?elds during working hours may range from Twenty (20) degrees to over one hundred (100) plus degrees. Flue cured Tobacco work is paid the hourly adverse effect wage rate (AEWR). BURLEY TOBACCO: Growing Tobacco transplants: Greenhouse preparation, seeding, and maintenance; and plantbed preparation. Transplant Activities. Cultivation and maintenance. Harvest, curing, stripping, baling, and preparation for marketing. These work activities anticipated to be performed at any time/various times throughout the entire period of employment. Workers plant, cultivate, harvest(cut and house), strip and bale Burly Tobacco. Workers may ride/operate mechanical transplanter for planting. May walk behind transplanter to reset missing plants. Workers will chop out weeds with a hoe, or pull weeds by hand. Workers will remove tops and suckers from plants. Workers using a tobacco knife will cut ripe plants off at ground level and spear the tobacco stalk over metal spear onto wooden stick (stick is 48 inches long, one end is stuck in ground, and metal spear is placed on other end). Industry standard is six (6) plants per stick (stick and six (6) plants may weigh 80?100 pounds, and plants may be seven (7) feet tall). Workers may drop sticks in standing tobacco before cutting by hand or by machine. Worker will transfer tobacco?loaded sticks from ground to wagon or trailer and load sticks in orderly fashion on said wagon or trailer. Worker will then transfer sticks from wagon or trailer to other workers standing on rails in tobacco-curing barn. Workers standing on rails (worker stands with one foot on each rail rails may be 48 inches apart and from 6 to 40 feet from ground) will either hang stick and separate plants, or will transfer to another worker for purposes of air-curing the tobacco. For best results, curing barns should be filled in as short a time as possible. Care must be exercised to prevent bruising or breaking of plants and leaves at all times. Care must also be exercised in using tobacco knife, spear, while standing on rails, and stripping the crop. Workers will take great care when stripping (removing tobacco from the stick) the tobacco. The tobacco is taken down from the barn. The stalks with leaves are removed from the sticks and piled under a piece of plastic to retain moisture (bulking down). Each worker pulls his assigned grade for the stalk and passes the stalk down to fellow workers. When a worker gets a full hand, the tobacco is tied into ?hands? and placed on a strip stick. May assist in baling tobacco by placing cured tobacco onto conveyor loading system or directly into baler. Burley tobacco work is paid the hourly adverse effect wage rate (AEWR). PICKLE CUCUMBERS: Harvest activities. These work activities anticipated to be performed during the summer and fall months of the period of employment. Move along row, stoop and bend to pick all cucumbers 1/4 inch in diameter and larger. Discard all jumbo cucumbers (over 2 inches in diameter) in the row middle and place remaining cucumbers in a 5/8 bushel bucket. Carry full buckets to a nearby truck for dumping, receive ticket or token in emptied bucket and return to assigned row to continue task. Worker must be careful to avoid damaging vines, blooms and smaller cucumbers. May be required to block and thin cucumbers and perform general cultivation work and move tractors or trucks on the farm incidental to picking. Workers must "clean the vines"(pick all cucumbers of marketable size) and larger as specified by the supervisor. It is extremely important that the Workers remove and discard all cucumbers over 2" in diameter from the vine. Workers will be required to stay on theirassignedrow.? ewr n- aman .11SWEET POTATOES: Growing Sweet Potato transplants: plantbed preparation and maintenance activities. Transplant Activities. Cultivation and maintenance activities. Harvest activities. These work activities anticipated to be performed at any time/various times throughout the entire period of employment. SWeet Potato plant-cutters (slip cutters) will stoop, bend and kneel to pull sweet potato plants from beds, exercising care in selecting plants of appropriate variety, size and quality as speci?ed by supervisor. May use knife and/or scissors to cut slips. Selected plants will be boxed in an orderly fashion in ?eld.crates and crates windrowed and loaded on trailers for transport. Sweet Potato plant cutters (Slip cutters) will be paid hourly. Sweet Potato Transplanting Will ride mechanical planter to transplant the cut slips into prepared ?eld rows. May walk behind planter to reset and/or tranSplant missing plants. Sweet Potato Transplanting will be paid hourly. Sweet Potato harvest workers will walk along row that has been previously plowed. Workers will stoop, bend and kneel to pick up sweet potatoes using hands and ?ngers to dig out unexposed potatoes. Workers may grade in the ?eld separating #l's and #2's into separate 5/ 8 ?eld hampers. Canners, when harvested will be placed into a separate bin. Damaged or diseased potatoes will not be harvested. Full hampers weighing up to 35 lbs. will be carried to truck row to be loaded onto truck or trailer. Workers will be required to stay on their assigned row. Workers may be required to ride a mechanical harvester. Hand harvesting sweet potatoes will be paid on a piece rate of .45 per 5/8 bushel. Mechanical harvesting, if applicable, will be paid the hourly adverse effect wage rate (AEWR). When digging sweet potatoes, workers will take care to place potatoes in the bucket gently to avoid bruising the potatoes. Workers must not put excess dirt, potato vines, damaged potatoes, cut potatoes and other non potato related materials in the bucket to be dumped. When delivering the buckets to the dumpers, workers must pass the bucket carefully, hand to hand to the dumpers to avoid injury and damage to the harvested potatoes in the bucket and ?eld bins. Workers must never toss or throw buckets containing potatoes. RED AND WHITE POTATOES: Harvest activities. Work activities anticipated to be performed during the late spring and summer months. Workers will walk along row which has been previously plowed. Will bend over, scratch dirt and pick out potatoes. Potatoes which are one (1) inch in diameter and larger will be placed in 5/8 bushel buckets. Potatoes smaller than one (1) inch in diameter are discarded in the row middle. Filled buckets are taken to trucks or trailers for dumping. Workers will receive ticket or token for each bucket and return to assigned row to continue work. Worker must carefully handle potatoes and avoid bruising. Workers will be required to stay on their assigned row. Harvesting red or white potatoes will be paid on a piece rate of .30 per 5/ 8 bushel. SQUASH, STRING BEANS, EGGPLANT, TURNIPS, ONIONS, BUTTER BEANS, PEAS, OKRA, and RADISH: Planting, cultivation and maintenance activities. Harvest activities. These work activities anticipated to be performed at any time/various times throughout the entire period of employment. Workers will bend and stoop to transplant, if applicable, and cultivate and to pick vegetables according to size, color, shape and degree of maturity and place into ?eld containers. Workers may carry full container weighing approximately forty (40) lbs. and empty into ?eld bin or load onto trailer. May be required to pull and discard culls as directed by supervisor. Pickers will take care not to bruise or scar produce. Workers will stand on feet for long periods of time. Workers are required to work in ?elds when plants are wet with dew or rain. Temperatures in ?elds during working hours can range from forty (40) to over one hundred (100) degrees. BELL PEPPER, LONG HOT PEPPERS, JALAPENO PEPPER, CUBAN-L, CHERRY, BANANA PEPPERS: Planting, cultivation and maintenance activities. Harvest activities. These work activities anticipated to be performed at any time/various times throughout the entire period of employment. Workers will bend and stoop to transplant, if applicable, and cultivate pick peppers according to size, color, shape and degree of maturity and place into ?eld containers. Workers may carry full container weighing approximately forty (40) lbs. and empty into ?eld bin or load onto trailer. May be required to pull and discard culls as directed by supervisor. Pickers will take care not to bruise or scar produce. Workers will stand on feet for long periods of time. Workers are required to work in ?elds when plants are wet with dew or rain. SWEET CORN: Harvest activities. Work activities anticipated to be performed during the late spring, summer and fall months. Workers will stand and walk to pick corn according to size, color, shape and degree of maturity and place into ?eld containers. Workers may carry full container weighing approximately forty (40) lbs. and empty into ?eld bin or load onto trailer. May be required to pull and discard culls as directed by supervisor. Pickers will take care not to bruise or scar produce. Workers will stand on feet for long periods of time. Workers are required to work in ?elds when plants are wet with dew or rain. LONG GREEN CUCUMBERS: Harvest activities. Work activities anticipated to be performed during the late spring/early summer months and late summer/ fall months. Workers will bend and stoop to pick vegetables according to size, color, shape and degree of maturity and place into ?eld containers. Workers may carry full container weighing approximately forty (40) lbs. and empty into ?eld bin or load onto trailer. May be required to pull and discard culls as directed by supervisor. Pickers will take care not to bruise or scar produce. Workers will stand on feet for long periods of time. Workers are required to work in ?elds when plants are wet with dew or rain. TOMATOES AND TOMATILLOS: Growing Tomato transplants: Greenhouse preparation, seeding, and maintenance; and plant bed preparation, seeding and maintenance activities. Transplant Activities cultivation and maintenance activities. Harvest activities. These work activities anticipated to be performed at any time/various times throughout the entire period of employment. Workers will bend and stoop to pick vegetables according to size, color, shape and degree of maturity and place into ?eld containers. Workers may carry full container weighing approximately forty (40) lbs. and empty into ?eld bin or load onto trailer. May be required to pull and discard culls as directed by supervisor. Pickers will take care not to bruise or scar produce. Pre~harvest activities for tomatoes may include staking, tying/stringing, transplanting and pruning. Post-harvest activities for tomatoes may include removing: stakes, strings, plastic and/or drip tape. Workers will stand on feet for long periods of time. Workers are required to work in ?elds when plants are wet with dew or rain. 10 STRAWBERRIES: Harvest activities. Transplant Activities. Work activities anticipated to be performed during the mid spring/early summer months and late summer/fall months. Workers will bend and stoop to pick strawberries according to size, color, shape and degree of maturity and place into ?eld containers. Workers may carry full container weighing approximately forty (40) lbs. and empty into ?eld bin or load onto trailer. May be required to pull and discard culls as directed by supervisor. Pickers will take care not to bruise or scar produce. Workers are required to work in ?elds when plants are wet with dew or rain. BLUEBERRIES: Harvest activities. Transplant Activities. Work activities anticipated to be performed during the late spring/early summer months and fall months. Workers will stand and bend to pick blueberries according to size, color, shape and degree of maturity and place into field containers. Workers may carry full container weighing approximately forty (40) lbs. and empty into ?eld bin or load onto trailer. May be required to pull and discard culls as directed by supervisor. Pickers will take care not to bruise or scar produce. Workers will stand on feet for long periods of time. Workers are required to work in ?elds when plants are wet with dew or rain. WATERMELONS AND CANTALOUPES: Transplant Activities. Harvest activities. Work activities anticipated to be performed during the mid spring/early summer months through summer/fall months. Workers will walk along rows and cut melons according to size, color, shape and degree of maturity using a knife. May carry to trailer or windrow. The pay rate for watermelons and cantaloupes is paid the hourly adverse effect wage rate (AEWR). PUMPKINS AND GOURDS: Harvest activities. Work activities anticipated to be performed during the late summer months through the fall months. Workers will bend and stoop to pick vegetables according to size, color, shape and degree of maturity and place into ?eld containers. Workers may carry full container weighing approximately forty (40) lbs. and empty into ?eld bin or load onto trailer. May be required to pull and discard culls as directed by supervisor. Pickers will take care not to bruise or scar produce. Pre-harvest activities for tomatoes may include staking, tying, transplanting and pruning. Workers will stand on feet for long periods of time. Workers are required to work in ?elds when plants are wet with dew or rain. Pumpkin Harvest is hourly paid at AEWR rate. CABBAGE AND COLLARD, KALE, SPINACH AND MUSTARD GREENS: Planting, cultivation and maintenance activities. Harvest activities. Work activities anticipated to be performed during the late summer months through the fall months. Workers will cut mature collards, cabbage heads and bunches of collard, kale and mustard greens using knife as speci?ed by employer. Productswill then be placed into sacks or boxes and placed on trailer for transport. Workers may grade products removing bad or damaged leaves and 11 repack for shipment. Workers will be required to stay on their assigned row. All cabbage, collard, kale and mustard green work will be paid the hourly adverse effect wage rate (AEWR). ASPARAGUS: Harvest activities. Planting activities. These tranSplants are two year old crowns. Work activities anticipated to be performed during the late spring/early summer months and late summer/fall months. Move along assigned row, stooping, bending, and reaching to break asparagus spears at ground level. May operate self-propelled harvesting aid on which workers ride while stooping to break spears at ground level. Spears which are under 1/4 inch in diameter (measured at butt) are discarded. Spears over 1/4 inch in diameter which exceed 7 l/2 inches in length will be rebroken at the butt end. Any spear head which has begun to open will be discarded. Spears meeting harvest speci?cations will be placed in a straight fashion in field buckets and carried to trucks or trailers for dumping. Workers will be required to stay on their assigned row. All asparagus work is paid the hourly adverse effect wage rate (AEWR). HAY AND STRAW: Hay harvest and straw baling activities. These work activities anticipated to be performed at any time/various times throughout the entire period of employment. Move along rows of previously baled hay and straw, bending, stooping and lifting 30 to 60 lb. bales. Load and stack bales onto a truck or trailer, move tractor or truck in the field incidental to loading. Worker may unload and restack for storage. All hay and straw work is paid the hourly adverse effect wage rate (AEWR). SOYBEANS WHEAT AND COTTON: Weed and grass removal activities. Harvest activities. These work activities anticipated to be performed at any time/various times throughout the entire period of employment. Workers will walk along rows as specified by employer and remove weeds and grass from soybean and cotton ?elds by hand or using a hoe. Workers may assist in harvest activities. GENERAL CONDITIONS APPLICABLE TO ALL CROPS: Field work begins at assigned time shortly after daylight. Work may be performed during light rain and in high humidity and in temperatures ranging from 100 degrees to 20 degrees F. Workers will work on their feet in stooped or crouched position for long periods of time. Worker must be able to lift up to 60 pounds throughout the workday. Workers will supply their own work clothes. All the tasks in this Job Description constitute one (1) job; the employer may assign workers to different tasks on any day or to multiple tasks during the same day in the sole judgment of the employer. Workers with speci?c tractor operation experience are also likely to operate a tractor to assist in land preparation and planting/cultivation activities. This may or may not be incidental work, at any given time, and will vary widely with each respective grower member?s farm. Workers may be required to perform work, on the farm, that is incidental to farming the crops listed in the application, such as performing hand cultivation tasks, weeding or hoeing various crops such as cotton, soybeans, cleaning and repairing farm buildings, seed beds, racks, grounds, set up and move irrigation pipes and equipment, gardening, weeding and shrubbing, etc. All other duties - 12 assigned under this order will be those duties of Farmworker, Diversi?ed Crops, under the Bureau of Labor Statistics Occupational Employment Statistics Standard Occupational Classi?cation Code 45?2092. This is a very demanding and competitive business in which quality speci?cations must be rigorously adhered to. Sloppy work can not and will not be tolerated. Job speci?cations, 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 speci?c instructions given for each day?s work. Speci?c instructions and close supervision will be provided by the farm owner and/or supervisor designated by the grower. Workers will be expected to perform their duties in a timely and pro?cient manner and will have close supervision to insure adherence to instructions. Work will be closely monitored and reviewed for quality. Worker must possess requisite physical strength and endurance to repeat the harvest process throughout 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 ?de efforts to work ef?ciently and consistently that are reasonable under the climatic and other working conditions, considering also the amount, quality and ef?ciency 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 work described with or without reasonable accommodation. Worker may never ride on agricultural equipment not designed for work related riding purposes or any other non passenger intended equipment unless instructed and authorized by the employer or supervisor to do so. All work related injuries must be immediately reported to the crew leader, foreman, or supervisor. If requested, worker must sign a document daily to con?rm whether or not they have been injured and other work related information. Worker may not engage in horseplay or other disruptive or discourteous behavior at work, in housing or while riding on employer provided transportation. Workers must treat fellow employees and their foremen/supervisor with courtesy and follow their directions/instructions. Workers must comply with attached work rules and other lawful job related work requirements as disclosed. The employer will provide without charge to the worker the tools, supplies and equipment necessary to perform the job duties. The employer will charge the worker for reasonable costs related to the worker?s refusal or negligent failure to return property of the employer or due to such worker?s willful damage or destruction of such property. Full Growing Season Commitment: The job offered requires that the worker be available for work seven hours per day Monday through Friday and ?ve hours on Saturday every day that work is available for the full period of employment shown in Item 9 of the ETA Form 790, even though work may be slack for brief periods, from time to time throughout the employment period in the production of these crops. The worker agrees to be available for work and perform the 13 assigned work for the assigned employer whenever work is available through the full period of employment shown in Item 5. Work available is defined as, no work required on the worker Sabbath or federal holidays, but work is required seven hours per day Monday-Friday, and five hours on Saturday. 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 of ETA Form 790 he will forfeit the 3/4 guarantee and reimbursement of certain transportation costs described elsewhere in this job order and will not be eligible for rehire. Excessive absences and/or tardiness, as de?ned in the Work Rules attached hereto, cannot be tolerated and may 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. Persons seeking employment as an experienced farm worker must be available for the entire period requested by the employer. Applicants who go to work will be subject to a trial period of up to 5 days during which their performance of required tasks will be evaluated by the grower. If the performance is not acceptable to the grower in its sole discretion the worker will be given substantive instructions, warning notices as appropriate, and finally termination of employment for lawful job related reason(s) described elsewhere in these documents. 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 recipient?s performance and tenure. Employer retains the right to discharge an obviously unquali?ed worker, malingerer or recalcitrant worker who is physically able but does not demonstrate the willingness to perform the necessary work to grow the farmer?s crops. All terms and conditions included in the job order apply equally to all workers, domestic and foreign, employed under this job order. Many growers may grow one or more of these other crops depending on many variables including favorable available markets, favorable plant stock and unexpected land availability, favorable weather conditions, poor crop and weather conditions in other growing areas, and other factors that cannot be determined at the time this application is made. Farmers will frequently decide whether to plant these cr0ps and what crops they will plant after this job order is submitted. Crops may not be determined until well after employment has begun. The anticipated work periods involved in these other crops vary widely and can occur at anytime during the growing season and during the course of this employment period. Asparagus, Pickle Cucumbers, Collards, Butter Beans, Squash, String Beans, Sweet Corn, Long Green Cucumbers, l4 Bell Peppers, Eggplant, Turnips, Tomatoes, Tomatillos, Long Hot Peppers, Jalapeno Peppers, Field Peas, Strawberries, Blueberries, Onions, Radishes, Cabbage, Watermelon, Cantaloupe, Spinach, Kale, Mustard Greens, Peaches, Okra, Pumpkins, Gourds, Hay and Straw, Banana and Cherry Peppers, Cuban?L Pepper. 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 in compliance with 20 CFR 13. 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. . 14. Terms and Conditions for Housing: Please refer to Addendum No. 1 attached, "Summary of Employment and Housing." Housing will be provided at no cost to workers who live beyond commuting distance and are unable to reasonably return to their place of residence the same day. Housing is not provided and is not available to non-workers. If a worker entitled to employer?provided housing elects not to live in the employer-provided housing, the worker must make this election in writing on a form provided by the employer. The following paragraphs describing the terms and conditions of housing apply only to workers occupying housing provided by the employer. The housing provided varies according to location, and includes individual frame or masonry houses, mobile homes(trailers), apartment?style buildings and dormitory?style buildings, and or motel rooms depending on location. All housing will meet all Federal, State and local housing standards in the jurisdiction involved. The location of employer-provided housing varies with the location of the work assignment. The NCGA is a joint-employer association and workers are subject to transfer as the work requirements of the association?s members dictate. Thus, workers may be required to change housing accommodations during the season. If necessary, daily tranSportation will be provided at no cost from employer-provided housing to the daily work site and return for workers who occupy employer-provided housing. Workers who occupy employer?provided housing may have mail directed to them at the employer?s address on the attached addendum, and will be provided a name and telephone number for use in contacting the worker in case of emergency. This information will be posted at the housing-facility. Housing capacity is strictly regulated by the US Department of Labor, and no person, other than the eligible employees authorized by the employer, may occupy or remain overnight in employer-provided housing. 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. Workers provided housing by the employer who are transferred to new employment will be provided housing during the period between jobs, if any. 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 15 members or with other females. Sex?segregated toilets facilities will be provided when necessary. There is no charge for housing or utilities to eligible workers provided housing by the employer. If a worker provided housing by the employer is found to be responsible for damage or loss to housing or furnishings other than that caused by normal wear and tear, the reasonable repair or replacement cost of damaged or lost property will be deducted from the workers wages. Employer?provided housing is equipped with kitchen facilities, cooking utensils and similar items for the use of residents. Kitchen facilities and utensils will be shared by all residents of the housing unit. In some instances a general kitchen may be provided with a central cook. Special circumstances will be disclosed in writing. Housing will be kept clean and in compliance with OSHA farm labor camp standards when occupied. The housing must remain in compliance with OSHA standards during the period of occupancy. Occupants must cooperate with the employer and other workers in maintaining the housing unit in a clean condition and good repair. Residents are required to report any compliance problem with the housing to the employer or supervisor immediately upon discovery. Residents must not take any action to deliberately cause the housing or the grower to be out of compliance with any federal, state or local regulation. The employer, who is ultimately responsible for ensuring compliance, retains the right to inspect the housing to assure compliance with OSHA standards. Access to housing by Job Service outreach workers and other authorized government personnel in the exercise of their official duties is permitted. Non?governmental outreach workers, social service providers and other visitors will be permitted in the common area and other parts of the housing premises provided their presence does not disrupt nor interfere with the right of quiet enjoyment of other residents. Where there is no common area, the employer will ensure that an apprOpriate location at the place of employment for such visits is provided. Visitors who disrupt residents? quiet enjoyment of their housing will be required to leave the premises. Commercial solicitation will not be permitted. Visitors soliciting or engaging in illegal activity will be reported to law enforcement authorities and required to leave the premises. The housing provided is group housing. All residents must be mindful of the right of other residents for quiet enjoyment of the housing. For the protection of the employer and the employer?s property, and to assure the comfort of all residents, the employer has developed housing rules which are posted in all housing units. All residents and visitors will be required to comply with these housing rules. Violators of the housing rules will be subject to disciplinary action, up to and including termination of employment and removal from the housing. 15. The referral under this job order from the Applicant Holding Office is to be made to the: To be employed in this agricultural employment opportunity worker must have 1 month of verifiable general farmwork experience. North Carolina Growers Association P. O. Box 417 Vass, NC 28394 (252)527?0567 Workers are screened for compliance with the following criteria: 16 a. Con?rm ability (with or without reasonable accommodation), availability, quali?cations and willingness to perform work described and con?rm intention to work for entire season. b. 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. c. Con?rmation of full disclosure of all terms and conditions and nature of work- job description by local employment service staff. d. Af?rmative con?rmation of legal quali?cations to work in the US as described below. Growers will accept referrals or applications from any source. All local and intrastate(in state) applicants may be referred by the NC State Workforce Agency (NC SWA) directly to the NCGA for interview or interested applicants may contact NCGA directly. Interview hours are 8:00 AM - 12:00 PM Monday through Friday, except for federally recognized holidays. Although not required, all interstate(out of state) applicants interested in this job offer are strongly encouraged to solicit the assistance of the nearest local employment services (SWA) in their state for a referral to NCGA to insure full disclosure of the terms and conditions, and to con?rm employment starting date prior to departing for NC. This will help to avoid confusion and mistakes. Interstate are strongly encouraged to contact the North Carolina Department of Commerce Division of Employment Security Agricultural Services Central of?ce in Raleigh NC. at (919) 814-0544 prior to contacting the NCGA to con?rm the terms, conditions and start date of the job. Workers referred by should be fully apprised by the local employment of?ce of the terms, conditions and nature of employment prior to referral. Only workers legally entitled to work in the United States and who possess original identity and employment eligibility documents suf?cient to complete INS Form L9, as required by the Immigration and Nationality Act, should report to work. 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 to go to work. Employees must present an original document or documents that establish identity and employment eligibility as required by the INA within three business days of the date employment begins. Please see the back of the form for a list of acceptable document(s). Employees who do not comply with this requirement by the end of the third work day will not be permitted to continue employment until this requirement has been satis?ed. The employer may terminate the worker (foreign and/or domestic) with noti?cation to the employment service if employer discovers a criminal conviction record or status as a registered sex offender that employer reasonably believes, consistent with current law, 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. 17. Transportation: In accordance with the regulations found at 20 CFR the following paragraphs under section 17 are the terms and conditions, in their entirety, related to 17 the transportation bene?t and related subsistence bene?t, when applicable, provided under this clearance order. The Employer will offer transportation to and from the daily work site (from grower provided housing to ?eld or other worksite and return) at no cost to the workers entitled to the housing bene?t described in Section 3 of the ETA Form 790/Grower Addendum attachment, and paragraph 14 above. For US workers who commute to work daily, the grower will offer free on farm transportation during the work day. Commuting US workers understand that it is their responsibility to get to work on time each day work is available and that they solely assume all liability and costs for their personal transportation to and from work each day and at work if they voluntarily choose to drive. The use of employer provided daily transportation by workers, as described in this paragraph, is voluntary; no worker is required as a condition of employment to utilize the daily transportation on the worksite offered by the employer. Employer will provide free transportation to eligible workers from the housing site to the worksite and return. Workers are always free to choose their own means of transportation at their own expense and liability. Workers who arrange their own transportation understand they assume all liability and hold harmless the growers/association for any damages, injuries, personal or property losses. Please note that most growers, not all, have agricultural commodities in more than one county. Some growers have commodities in multiple counties. The following paragraphs related to inbound and outbound transportation pertain only to workers who are not within commuting distance and cannot reasonably return to their place of residence the same day and are, therefore, eligible for the bene?t. The Employer will not advance transportation and subsistence costs to the place of employment for any worker. Conditional Inbound Transportation and Subsistence Bene?t Reimbursement For workers eligible for the inbound transportation and subsistence reimbursement bene?t, the Employer will reimburse workers who complete 50 percent of the work contract period and who are beyond commuting distance the reasonable cost of transportation and subsistence from the place from which the worker has come to work for the employer, whether in the US or abroad to the place of employment. The amount of the reimbursement for transportation cost will be the worker?s actual transportation cost from the place from which the worker has come to work for the employer to the employer?s place of employment or, by regulation at 20 CFR the amount not to exceed the most economical and reasonable common carrier transportation cost for the distance involved, whichever is less, unless the worker is transferring to the NCGA job (with proper status) from another certi?ed farm, if applicable, from within the United States (which will be the point of departure for calculating the reimbursement unless the previous employer has already paid). The employer reserves the right to assist in coordinating charter or other transportation to assure the lowest available inbound transportation cost. Such inbound transportation will be at the worker's expense. Workers who do not avail themselves of such transportation, when available, will be reimbursed only the per worker cost of the employer- arranged transportation or the most economical and reasonable common carrier transportation cost for the distance involved, whichever is less. Workers are always free to choose their own means of inbound transportation at their own liability. Workers who arrange their own 18 transportation understand they assume all liability and hold harmless the growers/association for any damages, injuries, personal or property losses. Conditional Outbound Transportation and Subsistence Bene?t In compliance with the applicable regulation found at 20 CFR for US. workers who complete the work contract and are eligible for the outbound transportation bene?t and the US worker has no immediate subsequent H-ZA employment, the Employer will provide or pay the most economical and reasonable cost of return transportation and subsistence for the US. worker from the place of employment to the place from which the worker came to work for the employer, except when the US. worker will not be returning to the original place of departure due to subsequent H-ZA-related employment with a different employer. If the subsequent employer has not agreed to provide or pay for the US. worker's transportation to the subsequent place of employment, the instant 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 US worker originally departed to work for the employer. If the subsequent employer has agreed to provide or pay fer the US. worker's transportation and subsistence to the subsequent place of employment the instant Employer will not provide or pay for such expenses. In order to assure the lowest available outbound transportation cost the Employer reserves the right to provide charter or other return tranSportation for groups of US. workers large enough to justify group transportation arrangements. U.S. workers eligible for this benefit who decline the Association provided return charter transportation will be provided their outbound transportation and subsistence checks through the grower. In those circumstances, the grower will disburse the checks as soon as all work is completed, as determined by the Association/Employer, and the worker is ready to depart. US. workers may select any means of transportation home they choose, however, the reimbursement is limited to the charter cost, if available, or most economical and reasonable common carrier transportation cost for the distance involved, or the US. worker?s actual cost, whichever is less. US. workers who arrange their own transportation understand they assume all liability and hold harmless the growers/association for any damages, injuries, personal or property losses. In compliance with the applicable regulation found at 20 CFR for foreign workers who complete the work contract and are eligible for the outbound transportation benefit and the foreign worker has no immediate subsequent H-ZA employment and is returning to the place from which the foreign worker came to work for the instant employer, the instant Employer will provide charter bus transportation for the foreign workers from the farm where they are employed to Monterrey, Mexico, and will pay by check the most economical and reasonable cost for the foreign worker's Mexico based transportation (from Monterrey, Mexico to the place from which the foreign worker came to work for the instant employer) and will pay for subsistence from the place of employment to the place from which the foreign worker came to work for the instant employer, except when the foreign worker will not be returning to the original place of departure due to subsequent authorized employment with another employer. If the subsequent authorized employer has not agreed to provide or pay for the foreign worker's transportation to the subsequent place of employment, the instant Employer will provide or pay for the transportation and subsistence to the subsequent place of employment in lieu of providing and/or paying for such expenses from the place of employment to the place 19 from which the foreign worker originally departed to work for the instant employer. If the subsequent H-ZA employer has agreed to provide or pay for the foreign worker's transportation and subsistence to the subsequent place of employment the instant Employer will not provide or pay for such expenses. For foreign workers, subject to the applicable regulation at 20 CF the Employer reserves the right to arrange and provide charter or other similar return transportation that will comply with the applicable Homeland Security regulations at 8 CFR 214, 8 CFR 215 and 8 CFR 274a requiring the employer to demonstrate a good faith effort to ensure the foreign workers return to their home country in compliance with the applicable laws, and, in a timely manner consistent with the expiration of the visa issued by the Consulate/State Department for the period of employment. The employer will also report workers who abscond, as applicable and appropriate, or be subject to the liquidated damages provisions of the applicable DHS regulations, and other applicable employer focused punitive penalties disclosed in law and regulation. Foreign workers eligible for the outbound transportation bene?t who decline the Association provided return charter transportation will be issued payment for only the Mexico in?country leg of their outbound transportation (from Monterrey, Mexico to the place from which the foreign worker came to work for the instant employer) along with the complete subsistence amount and the checks will be issued by their grower prior to departure. In those circumstances, the grower will disburse the checks at the time all work is completed, as determined by the Association/Employer, and the worker is ready to depart. In the limited instances when the Employer determines charter transportation is not economically feasible due to insuf?cient numbers of departing workers and the Employer elects to pay for the domestic leg of outbound transportation, in lieu of providing charter transportation, the Employer will pay only the foreign worker's actual transportation cost or, by regulation at 20 CFR the amount not to exceed the most economical and reasonable common carrier transportation cost for the distance involved, whichever is less. Foreign workers who arrange their own transportation understand they assume all liability and hold harmless the growers/association for any damages, injuries, personal or property losses. The employer will not reimburse, pay for and/or provide transportation and subsistence to a worker who does not provide documentation of identity and employment eligibility required to complete Form 1-9, or who has knowledge at the place of recruitment that he cannot perform the duties of the job as described in this job order, or who abandons his employment, or who is discharged for lawful job related reasons. The Employer will provide or pay for transportation and subsistence under this agreement if the worker is terminated because of work related injury and is so certi?ed by a doctor acceptable to the Employer before leaving the place of employment, or is terminated because of an Act of God which makes fulfillment of the work contract impossible, as provided in paragraph 9C, or if the worker is displaced by a US. worker under the 50% rule in 20 CFR With respect to the statement above regarding providing and/or paying the conditional outbound transportation benefit in the case of a work related injury that ends the worker?s ability to continue performing the work for which they were hired for the balance of the employment period, NCGA and the farmer employers? reserve the right to obtain a copy of the ?no return to duty notice? from the worker?s doctor and/ or request a second opinion from a doctor of the Association?s or farmer?s choosing confirming the injury will prevent the worker from returning to work during the period of employment before issuing the outbound transportation benefit. There is no limitation created herein explicit or implied 20 with respect to the worker?s right to elect the doctor of their choosing from whom they receive medical treatment. Daily subsistence reimbursement will be paid to workers who are eligible for reimbursement of transportation costs in accordance with the regulations at 20 CFR which refers to 20 CFR NCGA and its members will pay subsistence reimbursement at a rate of $11.86 per day in the absence of receipts submitted by the worker quali?ed for the bene?t. With receipts, payment is capped at $46.00 per day for this conditional benefit. The Employer will not advance transportation and subsistence costs to the place of employment for any worker. Other Conditions of Employment: 18. Discipline and/or Termination: Employer may discipline and/or terminate the worker for lawful job-related reasons and so notify the Job Service local of?ce of the termination if the worker: a) refuses without justi?ed 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 attached hereto. 0) fails after completing the training period to perform the work as speci?ed in Item 11 and Attachment, d) malingers or otherwise refuses without justi?ed cause to perform as directed the work for which the Worker was recruited and hired; e) provides other lawful job-related reason(s) for termination of employment, f) abandons his employment; g) fails to meet applicable production standards. 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 noti?cation to the employment service if employer discovers a criminal conviction record or status as a registered sex offender that employer reasonably believes, consistent with current law, will impair the safety and living conditions of other workers. In general, with respect to item 18b above, in the context of this job offer and job description ?serious act(s) of misconduct? includes but is not limited to: Theft from the farmer or other workers; ?ghting, assault; fraud falsifying work related records; being intoxicated at work on drugs (abuse of prescribed drugs or illegal drugs) or alcohol; disobeying a lawful and reasonable instruction given by the farmer or supervisor; repeated acts of misconduct for which the employee has been warned; abusing or threatening another employee, the supervisor, farmer, or any other person either verbally, mentally, or physically; bullying or harassment (including verbal, physical, sexual); willful or malicious damage to employer?s property or another worker?s property; willful failure or repeatedly refusing to carry out a lawful or reasonable instruction that is consistent with the terms and conditions of this job offer and job description; willful failure in the performance of the duties described herein to exercise the appropriate degree of care or caution considered reasonable under the circumstances resulting in an injury to the worker, another worker, supervisor, farmer or any other person, or in damage to the crops or farm tools and equipment; taking deliberate action that causes the employer to be out of compliance with the law; removing or misusing any employer property. A serious act of 21 misconduct in the workplace is, in general, characterized as an objectionable action that is willful and cannot be described as a mistake or an act of negligence. In general, with respect to item l8j above, in the context of this job offer and job description, insubordination will be considered to be any willful or intentional failure to obey a lawful and reasonable request or order from the farmer, the supervisor, or a staff member of NCGA with appropriate authority. The basic elements of insubordination are as follows: 1.) A reasonable and lawful direct order was issued to the employee, either verbally or in writing, by the farmer, the supervisor, or an NCGA staff member with appropriate authority, 2.) Employee received the order orally or in writing and communicated con?rmation of understanding of the order, and 3.) Employee refused to obey the order directly through an explicit statement of refusal or through non performance. - 19. 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 ?rst day of employment. These employers have a no complete, no rehire policy. Termination for lawful job related reasons before the speci?ed 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 are terminated immediately and will be disquali?ed 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 these 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. Foreign H-2A workers, subject to the regulation at 20 CFR are hereby put on notice that they must leave the US. at the end of the certi?ed period of employment and any extensions granted by US DHS, or separation from the employer, whichever is earlier, as required under paragraph of this section, unless the 2A worker is being sponsored by another subsequent employer. By US DHS, regulation a foreign worker may not remain beyond their authorized stay, as determined by US DHS, nor beyond separation from employment prior to completion of the contract, absent an extension or change of such worker?s status under DHS regulations. See 8 CFR and 8 CFR for the actual DHS regulatory language. A. The employer may discipline the worker, including requiring the worker to leave the ?eld ("time out") for a period determined by the foreman, suspension from employment for up to three days, or termination of employment as described in paragraph 18 above. B. Injuries: Worker will be covered by North Carolina Worker's Compensation Insurance or equivalent employer provided insurance for injuries arising out of and in the course of employment. Employer's proof of insurance coverage will be provided to the Regional Administrator before certi?cation is granted. Workers must report a_ll injuries and illnesses to their employer and the North Carolina Growers Association immediately at (910) 245?2969. 22 Failure to do so may result in termination. NCGA grower members speci?cally and individually attest that they will renew their workers compensation insurance policy if it is set to expire during the period covered by the labor certi?cation in a timely manner so that there is no lapse in coverage. 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 speci?ed in the job order as a term of employment, providing return transportation or paying return transportation and subsistence expenses to the Worker. D. Employer Noti?cation of Changes in Employment Terms and Conditions: Employers will expeditiously notify the order-holding local of?ce or State agency by telephone 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 written notice/disclosure to the Worker and approval of the OFLC certifying of?cer. 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 and to demonstrate proper harvest methods and other crop speci?c issues such as particular grading specifications. After completion of the demonstration period, the employer will expect all workers to meet applicable production standards and possess the skills to work in the production of the crops described in Item 11. 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 work commences. For H-2A workers, the job contract will be provided to each worker no later than the time at which the H-2A worker applies for the visa in compliance with 20 CFR H. Grievance and Arbitration Procedure: As required by Department of Labor regulations, all workers (foreign or domestic) have a right to ?le a grievance or complaint with the nearest local of?ce of the North Carolina Department of Commerce Division of Employment Security, as described in 20 CFR 658, Subpart (Job Service Complaint System). As an option, the North Carolina Growers Association and its grower members also provide a grievance and arbitration procedure available to all workers (domestic and/or foreign) for the resolution of grievances involving Covered Rights arising out of employment under this clearance order. This procedure is established for workers, at no cost to the worker, to use for the resolution of complaints not made through an administrative process (such as through the Job Service Complaint System, the North Carolina Department of Commerce Division of Employment Security, the U.S. Department of Labor, the Equal Employment Opportunity Commission, etc). Employees must agree to use this procedure as an alternative to ?ling suit in local, state or federal court as a condition of employment. If a timely ?led grievance under the NCGA procedure involving a Covered Right is not resolved to the satisfaction of the worker andjor has not been referred to a government agency, the worker may request con?dential, 23 binding arbitration of the grievance as the worker?s sole remedy. A Covered Right is de?ned as a violation of statutory or common law rights, such as discrimination, harassment, or retaliation based on race, sex, national origin, color, religion, age, or disability; wrongful termination or constructive discharge; workers? compensation retaliation, denial of medical leaves under any law, including the Family and Medical Leave Act; common-law torts based on negligence or intentional acts; breaches of contract; ?right to work violations; and disputes regarding pay, including claims under the Fair Labor Standards Act and any applicable state wage and hour law. I. All US workers referred though the Interstate Clearance System for employment under this agreement will be covered by unemployment insurance. Whether such employment constitutes covered employment for bene?t eligibility purposes will be determined by unemployment insurance regulations in effect at the time a claim is ?led. J. Employer agrees to abide by the regulations at 20 CFR Assurances, and at 20 CFR 653.501. K. The worker will be assigned to be employed under the terms of the Agreement at the farming Operation of one or more Grower Members of the Association. The Worker will be informed of the name and address of the ?rst Grower Member on or before the ?rst day of his Period of Employment hereunder. Where possible local US workers will be assigned to local jobs, however, if it is necessary for workers to travel to the job and to be housed by the grower, they will be assigned where the need is greatest at the time of referral/application. Worker will be advised of the name and address of any subsequent Grower Member(s) by whom he is employed at the time of such transfer(s). L. If a suf?cient number of US. workers are available at the same time and place to come to work for the Employer, the NCGA, as part of its recruitment/positive recruitment pursuant to 20 CFR 20 CFR will assist in coordinating group in- bound transportation arrangements (such as assistance in arranging for group purchase of bus tickets, charter bus service, or other arrangements or assistance, as appropriate). Workers will be responsible for paying the cost of such transportation pursuant to Item 17 of this Job Order. M. NCGA and its member growers are equal opportunity employers and agree to comply with the assurance in the regulation at 20 CFR 655.135 All quali?ed eligible US. workers, especially women and minorities, are encouraged to apply for these jobs during the positive recruitment period and through the ?rst 50% of the employment period in accordance with the rule at 20 CPR N. There are no strikes, work stoppage, slowdowns or interruption of operations by employees at the place where the workers will be employed in compliance 20 CFR O. For workers covered by MSPA there are no arrangements made with establishment owners or agents for the payment of a commission or other bene?ts for sales made to workers. P. SUBSTANCE ABUSE The NCGA will strive to provide a safe and healthful work environment, free of substance abuse, for the protection of our members and their 24 employees and Visitors. The use or possession or being under the in?uence of illegal drugs or alcohol during working time is prohibited. (Alcohol may be permitted in the housing facility outside work hours.) Employees may be required to take drug or alcohol tests at no cost to the worker. Failure to comply with the request or testing positive may result in immediate termination. 25 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. 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. Workers are expected to comply with all rules relating to discipline, attendance, work quality and quantity, cell phone use and the maintenance of all property. 1 . 10. 11. 12. 13. 14. Workers who perform fraudulent or sloppy work, as defined under Job Specifications, will be suspended without pay for the remainder of the workday or for up to three days in the sole judgment of the supervisor, depending on the degree of infraction, the worker's prior record and other relevant factors. Discharge of the worker may result from any subsequent offense. Workers must perform their assigned work in a careful, workmanlike manner in accordance with the provisions of the work contract. 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) and will be CAUSE FOR IMMEDIATE TERMINATION workers may not report for work under the influence of alcoholic beverages or illegal drugs and violation will be CAUSE FOR TERMINATION. Illegal drugs may not be used or kept on any employer premises, including housing at any time. Use or possession of illegal drugs, failing 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: Five (5) consecutive days of unexcused absences. 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 DISCHARGED FOR EXCESSIVE TARDINESS. Excessive tardiness is defined as seven (7) unexcused tardiness in a row or seven (7) unexcused tardiness in a period of 30 days. Workers must not drop paper, cans, bottles and other trash in fields, packing house, or on employer's premises. Trash and waste receptacles must be used. Workers may not take unauthorized breaks from work. This includes personal cell phone calls during work hours. Workers may not leave the field or other assigned work area without permission of grower or supervisor 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 expressly authorized by the employer. I Workers may not deliberately restrict production. 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 MAY 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 or documents from the employer's bulletin boards or the employer?s prOperty without speci?c 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. rev. 11 11/1/ 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. Workers may not abuse or destroy any machinery, truck or other vehicle, equipment, tools 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 speci?cally 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 office immediately and North Carolina Growers Association (NCGA) 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 who fail to meet applicable production standards may be SUBJECT TO IMMEDIATE TERMINATION. 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. No firearms or any other weapons may be brought on the employer?s premises by the worker at any time. Workers may not engage in horse play, scuffling, throwing things, wasting time or loitering during work hours. Workers may not use cell phones, theirs or the employers, for personal use during the work period. Workers may carry and are encouraged to use cell phones in case of a bona fide emergency. Workers will be expected to perform their duties in a timely and proficient manner without close supervision Workers must possess requisite physical strength and endurance to repeat the harvest process throughout 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 will be charge for reasonable costs related to the worker?s refusal or negligent failure to return property of the employer or due to such worker's willful damage or destruction of such property. Workers will be expected to perform any of the listed duties and work on any crop as assigned by the workers' supervisor. Workers must be able to move quickly along the rows and move in unison with the field sleds All personal Entertainment devices Prohibited at Work? Do Not bring these items with you to work. rev. 11 11/1/ HOUSING RULES This housing is temporary in-season housing provided for migrant agricultural workers employed by the employer who are unable to commute daily from their normal place of residence. The housing provided is group housing. All residents must be mindful of the rights of other residents for quiet enjoyment of employer- provided housing. For the protection of the employer and the employer's property, and to assure the comfort of all residents, the following housing rules will apply. Violators of the housing rules will be subject to disciplinary action, which may include termination of employment and or removal from the housing. 1. 10. 11. Housing assignments will be made exclusively by the employer. Workers may occupy only the housing to which they are assigned. Workers may only sleep in rooms, areas, or units as assigned by the employer or designated supervisor. . Workers assigned to bunk beds may not separate the bunk beds, as open ?oor space in sleeping rooms is needed by all occupants. No person not assigned to the housing unit by the employer may occupy a bed or stay overnight in the housing unit. Occupants must cooperate with the employer and other workers in maintaining the housing unit in a clean condition and in good repair, in compliance with applicable US government OSHA regulations. Workers will be required to keep the exterior area surrounding the camp clean and clear of debris. Workers shall report any problem with the housing or any potential problem with compliance immediately upon discovery to the employer or designated supervisor. Kitchen facilities and other common areas are for the use of all residents of the housing unit. Please be considerate of your fellow workers. Each person using the kitchen facilities must clean them up after each use. All occupants must cooperate and share in the responsibility for keeping all common areas clean and maintaining them in good condition. No cooking is permitted in sleeping rooms or any other non-kitchen areas. Occupants are forbidden from removing batteries from smoke detectors for any reason. VIOLATION WILL BE CAUSE FOR IMMEDIATE TERMINATION. Occupants must not drop paper, cans, bottles or other trash in the housing units or the surrounding area. Trash and waste receptacles must be used. Lids MUST remain on these receptacles at all times as required by law. Workers living in employer?s housing may not entertain guests in or on housing premises after 10:00 pm. Sunday through Friday, nor after 12 midnight on Saturday. Occupants may not interrupt other workers rest/sleep period by excessive noise or commotion. Workers must not play loud music after 9:00 pm. Sunday through Friday, nor after 11:00 pm. on Saturday. rev. 5/16/12 12. 13 14. 15. 16. 17. 18'. 19. 20. 21. 22. Fighting, horse play, scuf?ing, throwing things, drunkenness, loud or rowdy behavior and threatening or harassing other occupants will not be tolerated and may be cause for termination and removal from the housing. .Any worker who verbally or physically threatens another person with any tool or weapon WILL BE SUBJECT TO IMMEDIATE DISCHARGE. No ?rearms or any other weapons may be brought onto the housing premises by any person other than law enforcement of?cials at any time. Occupants may not post nor remove any notices, signs, posters, bulletin boards, or other such documents from the employer provided housing without speci?c authority from the employer. Occupants may not willfully abuse or destroy any property at the housing owned and provided by the employer or the property belonging to other employees. Occupants may not remove beds, refrigerators, stoves, tables, chairs, etc., or any other equipment from the housing premises without speci?c authorization from the employer. VIOLATORS WILL BE SUBJECT TO IMMEDIATE DISCHARGE. Occupants must not deface, damage or destroy the housing or contents. If a worker provided housing by the employer is found to be responsible for damage or loss to housing or furnishings other than that caused by normal wear and tear, the reasonable repair of replacement costs of the damaged or lost property may be deducted from the worker?s wages. WORKERS WILL BE DISCHARGED for stealing from the employer or from other workers. The use or possession of illegal drugs will be cause for immediate termination and removal from the housing. Workers must vacate the housing and remove their belongings upon termination of employment with the employer. Workers will not knowingly or deliberately engage in any type of behavior or take any action that might cause the housing or the grower to be out of compliance with any local, state, or federal law. rev. 5/16/12 ?i?wdg?? A13 Employers Starting Date Ending Date Housing Type Total Housing Total H2A Location County Capacity errs BILLY JR. HOME PLACE FARM 504 WALNUT GROVE RD. OXFORD, NC, 27565 (919) 69058022 Burley, Corn, Soy, Tobacco, Wheat (11686} 6711715 11714715 MATTHEW ALLEN MATTHEW ALLEN FARMS 250 AUTRY ROAD LILLENGTON, NC, 27546 (910) 893-5625 Soy, Tobacco, Wheat CARLTON ALPHIN ALPHIN FARMS, LLC 3209 JIM SUTTON RD. LA GRANGE, NC, 28551 (252) 939-8141 Small Grains, Tobacco CAROL BRITTAIN HAM-ERSOM AMERSON FARMS 146 IPOCK ROAD COVE CITY, NC, 28523 (252) 229-2557 Sweet Potatoes, Tobacco DERSON A AND FARMS, LLC 3575 FISHING CREEK ROAD TARBORO, NC, 27886 252-883-4691 Straw, Tobacco ("12549) 6711I15 11714715 2WF (11541) (19701} (19858) .w?mw" 6711715 11714715 5711715 11714715 5711715 11714715 1 MH. 1 1WF, 1MH ZMH GRANVILLE 8 5 IHARNETT 3 419m? 32 20 Craven 1 5 8 Edgecombe 12 7 ARTHUR B. ATKINS Ill ATKINS FARMS 788 ATKINS RD CAMERON, NC, 28328 (910) 690-4370 Soy, Tobacco, Wheat FRANKIE SEAMAN FARMS 1844 HWY 258 NORTH SNOW HILL, NC, 28580 (252) 74755570 Corn, Tobacco KIM BELL RICKY D. ANTHONY KIM BELL 351 SWANSON RD. LOUISBURG, NC, 27549 (919) 853-3408 Cucumbers, Soy, Tobacco, Wheat (19388) (13564) (11575) 6711715 11714715 1 1 (1 471 5 6711715 1 1114715 ZMH MH 1 MH MOORE 17 4 GREENE 5 2 FRANKLIN 22' '15 Housing Types: AP - Apartment, BL - BIock, HO - HoteIIMoteI, ME - Metal, MH - Mobile Home, SH - Shared, WF Wood Frame Page 10f 1O 61% . Starting Date Total Ending Housing Total HZA Employers Date Housing Type Location County Capacity errs MW ?6111115 1 MH 2 PERSON 30 13 THE HILL 0F BERRYS 11114115 "1'05 BERRYHILL RD. ROXBORO, NC, 27574 (336) 597-2584 Corn, Soy, Tobacco, Wheat Mam: 4mm am ?mum 4w ?mm-ow: 4 GREG BLALOC (12628) "6111115 WF PERSON 12 5 FARMS OF BUSHY FORK, INC 11114115 481 ROBERT RD. HURDLE MILLS, NC, 27541 (336) 322-5100 Com, Tobacco, Wheat TERRY LEE BLALOCK (12559) 6111115 MH PERSON 6 BLALOCK FARM 11114115 110 FLOYD HICKS RD TIMBERLAKE, NC, 27583 (336) 583-6670 Hay, Straw, Tobacco IVEY BOLTON (11300) 13111115 1111111 Warren. 5 6 BOLTON FARMS 11114115 1'1'6 IVEY BOLTON RD WARRENTON, NC, 27589 919-495-3052 Soy, Straw, Tobacco (11657) 6111115 1 MH HARNETT 5 2 BYRD FARMS 11114115 2599 CRAWFORD RD DUNN, NC, 28334 (910) 897-3024 Cattle, Cotton, Hay, Tobacco DANNY CEMECIL (11163 6111115 MH 5 1 CECIL FARMS 11114115 1113 LIBERTY RD. ARCHDALE, NC, 27263 (338) 669-6188 Soy, Tobacco, Wheat FARRELL-KEITH COLLINS (19481) 6111115 SH Moore 4 3 KEITH 11114115 1751 CARTHAGE RD WEST END, NC, 27876 (910) 690-6636 Hay, Straw, Tobacco mmWILL CONGLETON (12258) 1 WF PITT 14 6 CONGLETON FARMS, INC 11114115 3354 NC 30 STOKES, NC, 27884 Housing Types: AP - Apartment, BL - Block, HO Hote 1MoteL ME - Metal, NIH Mobile Home, SH - Shared, WF - Wood Frame Page 2 of 10 Addendumms Employers Starting Date Ending Date .SCOTT DEANS MIKE COREY (12285} COREY FARMS, INC. 106 KILBY DRIVE GREENVILLE, NC, 27858 (252) 341~9789 Small Grains, Tobacco 5:11:15 11:14:15 WF (11434) MARTIN C. DANEEL 1079 MILL ROAD BLANCH, NC, 2?212 (336) 234~8294 Sweet Corn, Tobacco {19473) SCOTT DEANS FARMS 6535 BUCK DEANS RD MIDDLESEX, NC, 2755? (252) 235-4132- Hay, Tobacco REST-A-BIT FARMS PO BOX 306 PINETOPS, NC, 27864 252?827-2816 Sweet Potatoes, Tobacco JASON w. DIXON (19830) JASON W. DIXON 3025 DIXON FARM ROAD OXFORD, NC, 24565 919691-1367 Cucumbers, Sweet Potatoes, Tobacco 6:11:15 11:14:15 ?Wm. We. c. 6:11:15 11:14:15 11:14:15 Housing Total Location County Capacity PITT 8 6:11:15 11:14:15 Granvi?e I 8? ROBERT EDWARDS EDWARDS FARM EQUIPMENT, LLC 470 MELTON BRIDGE ROAD WHITAKERS, NC, 27891 (252) 445-5663 Corn, Soy, Sweet potato production - other than transplant, Tobacco (19575) ELLINGTON FARM 120 GENEVA DR. EDEN, NC, 27288 (336) 939-2233 Hay, Soy, Tobacco 6:11:15 11:14:15 6:11:15 11:14:15 1 MH HALIFAX ROCKINGHAM 4 JACK T. ELLINGTON JACK T. ELLINGTON 3100 GUERRANT SPRING RD. RUFFIN, NC, 27?326 (336) 939-2516 Small Grains, Tobacco (11234) 5:11:15 11:14:15 MH Housing Types: AP - Apartment, BL Block, HO - Hotel/Motel, ME - Metal, MH - Mobile Home, SH - Shared, WF - Wood Frame Page 30f 10 .. ':xx WM Employers Starting Date Ending Date FARM ER BROS. FARMS 3589 NC HWY 30 STOKES, NC, 27884 Peanuts, Tobacco 5n171?mm 11714715 Housing Type Location County (11068) GAY FARMS INC. 930 MEADOW RD. WALSTONBURG, NC, 27888 (252) 413-9851 Corn, Cotton, Cucumbers, Hay, Soy, Straw, Sweet Potatoes, Tobacco, Wheat (1958 PAUL HARRIS FARMS, INC. 17218 NC 903 ROBERSONVILLE, NC, 27871 (252) 798-4792 Cotton, Peanuts, Tobacco BOB HARRIS (19588) W. ROBERT HARRIS FARMS, INC. 202 HARGROVE DRIVE ROBERSONVILLE, NC, 27871 (252) 795-5283 Cotton, Peanuts, Soy, Tobacco 7 6711715 11714715 6711715 11714715 11714715 1MH MW Housing Pi Total Total H2A Capacity errs 6 6 2WF 1WF ?Manon .3:me - -- Greene MARTIN MARTIN 20 12 HIGGINS HIGGINS 146 Davis Field Rd. POLLOCKSVILLE, NC, 28573 252?224-8721 Soy, Tobacco (198521-- 6711715 11714715 1WF Jones 42 10 ?moth-mxx x\ wt nun-nu; 1W ww-m-WM FRANK w. DEAN HIGH HIGH FARMS, INC. 8191 SOUTH NC 581 BAILEY, NC, 27807 (252) 238?1907 Sweet Potatoes, Tobacco 11714715 (11306) FRANK W. HOBSON, JR. 2732 COUNTRY CLUB RD. YADKINVILLE, NC, 27055 (336) 879-6244 Grapes, Tobacco ?M6?1ns 11714715 ROUSE IVEY G. ROUSE IVEY FARMS 370 IVEY RD. MOUNT OLIVE, NC, 28365 (919) 222-4240 Hay, Tobacco (11465) 6711715 11714715 DUPLIN 28 15 Housing Types: AP - Apartment, BL Block, HO HotelfMotei, ME - Metal, MH - Mobile Home, SH - Shared, WF - Wood Frame Page 40f 10 Starting Date Total Ending Housing Total HZA Employers Date Housing Type Location County Capacity errs .W m. ?mam MW. M. JOHN DANIEL IVEY {19151} SH bop? .. 8 7 JOHN DANIEL IVEY 11,14,15 338 IVEY ROAD MOUNT OLIVE, NC, 28365 (919) 222-4860 Hay, Tobacco . . - . . . . . A . - CHARLESLJAMEEW (19638) 6(111'15 WF, PITT 8 4' FLAT SWAMP FARMS, INC. 111'141?15 PO BOX 983 ROBERSONVILLE, NC, 27871 (252) 714-2991 Hay, Straw, Tobacco (11944) 61?111?15 BL Edgecombe 102 20 BOSEMAN 11f14i15 BATTLEBORO AG JEAN BOSEMAN P. 0. BOX 550 BATTLEBORO, NC, 27809 (252) 446-3636 Sweet Potatoes, Tobacco JOE JOHNSON 711323 1WF 4 JOHNSON FARMS, 11114115 2044 Ashe Avenue Dunn, NC, 28334 (919) 541-3921 Cotton. Tobacco JOHNSON (12562) 6f1?1l15 WF HARNETT 12 11 JEFF A. JOHNSON 11114115 1302 LAFAYETTE RD FUQUAY VARINA, NC, 27526 (919) 567-1527 Soy, Tobacco JASON RYAN JONES (19763) 6f11f15 1MH Craven-m JASON JONES FARM '111?141?15 1745 ASHBURY ROAD COVE CITY, NC, 28523 (252) 229-1085 Cotton, Soy, Tobacco F. ANN ANGUS FARMS, INC. 11!?41?15 4643 OLD WILSON ROAD ROCKY MOUNT, NC, 27801 2529039440 Hay, Soy, Tobacco JEROME LANGDON (11969) 2 WF, 2 BL JOHNSTON 7o 24 JEROME LANGDON 11114115 7756 N.C. SON. ANGIER, NC, 27501 (919) 894*8014 Edgecoimbe 8 8 WW, ?when . ,vwmv Housing Types: AP - Apartment, BL - Block, HO - Hotel/Motel, ME Metal, MH Mobile Home, SH - Shared, WF Wood Frame Page 5 Of 10 Starting Date Total Ending Housing Total H2A Employers Date Housing Type Location County Capacity errs Mm. - MAC WILSON LAWRENCE (19-7511) 6111115 2 MH 16 8 MAC WILSON LAWRENCE 11114115 632 BROWNS SCHOOL ROAD COLERAIN, NC, 27924 (252) 209-4271 Sage, Tobacco (11741) 6111115 "cr'a'iw'ni??w 17 LAWRENCE BROTHERS 11114115 FARMS 2540 TAR RIVER RD. CREEDMOOR, NC, 27522 (919) 939-6352 Peppers, Tobacco, Wheat JEFFREY N. LETCHWORTH 1122821 6111115 wir' GREENE 5 3 LETCHWORTH FARMS 11114115 7928 NC HWY 91 WALSTONBURG, NC, 27888 (252) 753-5060 Soy, Tobacco LIGMREG 119717) SH :Nash 24"? ?12 WHITE OAK ACRES LLC 11114115 2739 SOUTH OLD FRANKLIN ROAD NASHVILLE, NC, 27856 (252) 459?3426 Sweet Potatoes, Tobacco MQDAVID MCKINNEY (11845) 6111115 4MH Rockingham' 11 6 MCKINNEY FARMS 11114115 462 HIGH ROCK RD. GIBONSVILLE, NC, 27249 (336) 349?2216 Hay, Peaches, Soy, Tobacco, Wheat {11537) 6111115 16L MOORE 12 3 JOE MARTIN 11114115 2032 FARMLEFE SCHOOL RD. CARTHAGE, NC, 28327 (910) 949?2038 Sweet Potatoes, Tobacco KEVIN MITCHELL (19661) 6111115 1MH Framktin 6 6 MITCHELL 111?14115 56 BUD WINSTEAD ROAD BUNN, NC, 27508 919-497-7878 Cucumbers, Soy, Sweet Potatoes, Tobacco, Wheat (12125) 6111115 2 WF1 MH "1313171533? 18 6 MOHORN FARMS 111?141?15 14032 HWY 48 LITTLETON, NC, 27850 (252) 532-0648 Canalope, Produce, Soy, Tobacco, Watermelons, Wheat Housing Types: AP - Apartment, BL - Block, HO - HoteIIMotei, ME - Meta}, NIH - Mobile Home, SH Shared, WF Wood Frame Page 6 of 10 Employers JAMES B. MORRIS (1969?) JAMES B. MORRIS FARMS, NC 2735 WAKELON ROAD COLERAIN, NC, 27924 (252) 355-4978 Corn, Cotton, Peanuts, Soy, Sweet Potatoes, Tobacco Starting Date Ending Date Housing Type 11714715 5MH Location County Total Capacity Housing m- BERME 43 10 Mam-2 swan-awn. mum-w- Cattle, Soy, Tobacco, Wheat DAVID L. MOYE scoff (19529) MORROW MORROW FARMS LLC 1699 THEE HESTER RD. ROXBORO, NC, 27574 (336) 592-1508 (11088) MOYE FARMS, INC. 3080 ORMONDSVILLE RD. AYDEN, NC, 28513 (252) 746-8900 Corn, Cotton, Soy, Tobacco 6711715: 11714715 6711715 11714715 2MH BL Person 10 4 WEREENE 50 RM mm.? .W JIMMY "(12621) JIMMY D. NELMS 4021 NC561 HWY LOUISBURG, NC, 27549 (919) 8532597 Tobacco, Wheat 5711715 11714715 WELMHS FRANKUN 24 18 EDWARD A. NEWTON- NEWTON FARMS 8044 HWY 39 SOUTH HENDERSON, NC, 27537 Cucumbers, Tobacco (19619) WJERRY PACE, WSTUART PIERCE @2113 OAKES FARMS 4158 OLD ROUTE 75 STEM, NC, 27581 (919) 693-4071 Hay, Tobacco 6711715 11714715 6711715 11714715 MH .. FRANKLIN 6 4 GRANVMLE '1 12 "my 2 PAC BROS. FARM 13388 BUFFALO RD. CLAYTON, NC, 27520 (919) 553-3649 Hay, Soy, Tobacco, Wheat (19695) STUART PIERCE FARMS, INC. 115 D.T. ROAD AHOSKIE, NC, 27910 (252) 332-5333 Cotton, Peanuts, Sage, Smali Grains, Tobacco (11296)? 5711715 11714715 6711715 11714715 JOHNSTON 7 Page 70f 10 Housing Types: AP Apartment, BL - Block, HO - Hotel7MOtei, ME Metal, MH - Mobile Home, SH Shared, WF - Wood Frame Starting Date Total Ending Housing Total H2A Employers Date Housing Type Location County Capacity errs DANNY RAWLS 6,1 1,15 1 MH . 15 5 1155 HAWS RUN RD. MAPLE HILL, NC, 28454 (910) 389-0775 Hay, Straw, Tobacco JOSHUA ADAM RELYEA (11343) 6111115 WF GREENE 9 5 RELYEA FARMS 11114315 831 MEADOW RD WALSTONBURG, NC, 27888 (252) 753-3227 Produce, Tobacco . (1 2384) 6M 1 5 EWF CASWEL . 28 1 6 RON W. RICHMOND 11114115 3871 NC HWY 119N. LEASBURG, NC, 27291 (338) 894-1444 Small Grains, Tobacco w: . ,Mwnw Nu.- WM (12041) 611 111 1 BL JONES 88 32 RIGGS BROTHERS FARMS 11.114115 1116 LEES CHAPEL ROAD POLLOCKSVILLE, NC, 28573 Hay, Soy, Tobacco MARK W.ROSSW (12-38-81 6111115 wF 10 4 W. 11,114,115 1538 GARRETT RD. NC, 27892 (252) 792?8829 Cotton, Hay, Strawberries, Tobacco CURTIS A. SALMONM (19413) 6111115 MH Hatnett 5 4 SALMON FARMS 11114115 1158 CP STEWART RD NC, 27546 (910) 893-5446 Soy, Tobacco ROLAND L. SANDERWSON (19377) 5111115? 2MFijm1m??E? "Lenoir 1s 16 R1. SANDERSON FARMS 11114115 3667 CRAFT ROAD GRIFTON, NC, 28530 252-717-0527 Hay, Straw, Tobacco BETH FISHER TAYLOR {19507) 6111115 NASH 99 42 FISHER FARMS PARTNERSHIP 11114115 11735 WATSON SEED FARM RD WHITAKERS, NC, 27891 (252) 442-6235 Cucumbers, Strawberries, Sweet Potatoes, Tobacco Housing Types: AP Apartment, BL - Block, HO - HoteliMotel, ME Metal, MH - Mobile Home, SH - Shared, WF - Wood Frame Page 8 of 10 A13. Starting Date Total Ending Housing Total HZA Employers Date Housing Type Location County Capacity errs GARY M. SR. (1103;) Emma. a. LEE 4% GARY THOMAS FARMS 11(14715 443 THOMAS RD. SANFORD, NC, 27330 (919) 499?8917 Asparagus, Strawberries, Sweet Potatoes, Tobacco . JERRY 6? ms 3 WEN, LENOIR JERRY TYNDALL 11714715 2237 SMITH GRADY RD. DEEP RUN, NC, 28525 (252) 560-6260 Sweet Potatoes, Tobacco DENNIS RWALLER (19505) mum ZWF wap?g HE.) ., DENNIS WALLER 11514115 879 WALLER ROAD MT. OLIVE, NC, 28365 (919) 658-5631 Soy, Tobacco RONNIEERRL . (121.05.) .w ?Ema RONNIE WEAVER FARMS ?(14315 3333 TAYLOR STORE RD. NASHVILLE, NC, 27856 (252) 459?3647 Cucumbers, Tobacco MARK A. WELLONS (1137?53? 6711115 1 MH WUOHNSTON 10 8 WI. WELLONS SONS 11/141?15 WEST 522 RD. PRINCETON, NC, 27569 (919) 738-8140 Cotton, Soy, Sweet Corn, Tobacco WEST FAMILY FARMS 1365 NC. 222 EAST FREMONT, NC, 27830 (919) 242-5800 Cotton, Peanuts, Tobacco WHITEHURST LEONARD F. WESTER WESTER FARMS, LLC. 798 WHITE LEVEL RD. LOUISBURG, NC, 27549 (919) 853-3123 Cucumbers, Hay, Peppers, Tobacco WHITEHURST FARMS INC 3419 NC HWY 903 NORTH STOKES, NC, 27884 (252) 758?9788 Corn, Peanuts, Soy, Tobacco, Wheat . 11714115 (11259) 6mm 11114115 (19456) ems BL PITT 8 WW 5 11114115 Housing Types: AP Apartment, BL - Block, HO HOTGUMOTSI, ME Metal, NIH Mobile Home, SH - Shared, WF - Wood Frame Page 9 of 10 Starting Date Total Ending Housing Total H2A Employers Date Housing Type Location County Capacity errs DANNY WILLIAMS (32117) 5mm 2MH ?Elig?ii?e 10 BRIAR PATCH FARMS 11f14f15 2631 HWY 158 W. OXFORD, NC, 27565 (919) 690-2577 Hay, Tobacco, Wheat DO NELL W. WELLIARD, JR - 6l11l15 18H I DONELL W. 11314?? 2646 OLD GREENSBORO ROAD THOMASVILLE, NC, 27360 336-462?0069 Hay, Straw, Tobacco Total Housing Capacity 1532 Total H2A Workers Requested 726 Total Employers 74 Housing Types: AP Apartment, BL - Block, HO - HotelIMotel, ME - Metal, MH - Mobile Home, SH Shared, WF Wood Frame Page 10 of 10