3 
#14 
Department Labor . . .  

0 I,   
Employment and Trainmg Acimimstratron APR 1 0 ?3 2m??mf?gifr1gtzm

   

 i i
Ariculturai and Food Clearance 111%?. . 3
Orden de Empieo para ObrarosiTrabaJadom Agricoias 3

(Print or typo in each ?eld block - To include additional information. go to block #3 28 Phrase follow Step-By-Step instructions)
(?ver do user latra do molds an is Para incioir iniormaci?n adlcional van el puma ft 28 Fever do seguir Ian Instructions paso-a~paso)

 

1. Employer?s andfor Agent's Name and Address (Number. Street, City. sum:

and zip Code I Nombre D?recci?n del EmplaadorlPalron yio Agonla .  . 
(N?moro, Cal?a. Ciudad. Estado C?digo Postaz?; Nun?ng 4 a 8 Pam USO ESTA-TAL- 3' "3

North Carolina Growers Association, Inc. 4. Occupational 5.Job Order No.1 um. do Oen do
13.0. Box 399/230 Cameron Ave. Vaw, NC 25394 CodeiCM'?olnduslr?aii Emmett

Tel. 910.245.2959 4 5-1041 [03 ?95 4,48

See Addendum for NCGA Grower Member Namemddreaamouaing .
a. SOC (ONETIOES) Occupatmmi
Do 1 .
?gmber (fE?N?aNo?ig?r?oe??gral do Tale I Titqu Ocupacacnal
Identmm?n deg Empleadan RNA and it! grunt mum? in

2111 wt 1 5"
Iran 302:?:er mint  (a 

awn?:st ?cm Ind 11;. ?my. 6. Address of Order Holding Of?ce (include Telephone number) Direcci?n do

  
   

   

N05. 4 through 8 for STATE USE ONLY

in) Telephone Number! Namero do Tel?fono:  Ofmz?? Ea O?cina donda so radico E3 ofaria {inciuya oi n?mero do ia??iono):
NCGA 910 . 245 .2969 delin?tlanl a: in en: ?mourn. 11.0. Box 27625
-
de Faife A?dendum Raleigh. . c. 27511 Telephone 919 . 815 . 0544
ncaa 9110 24 5 3 391 a. Name 01 Law: Office Representative (Include direct ?33! :aiephone
number) I Hombre dei Representon?ie do in O?cinz Local (inciiuya el
d) Ema Address mnm?n d8 Conga 395mm; nomero do do so linaa direcia).

NCGA - lwicker?ncgrowers.org
W.L. Grant

 

 

. i 
2 Address and Directions to Work Site 1 Dom cllro Direcciones oi lugar do 7? momma of?! ?58m Date I Fecha de Emisgdn dam mm as Em p180:

 

 

 

 

 

trabao:
NCGA (Laociationi Physical Location is as follows:
230 Cameron Avenue, Vaasnic 29394 (Moore County NC) 4' 
off of us Highway 1 South Turn Right. Hwy 690.Turn a. Job OrderExpiration DatalFecha do 
Right Alma Streat, 'I?urn Left Cameron Avenue. de EmPleO:
?;8~15
Actual Farm Locations Are In Various Counties 9. Anticipated Period oiEmploymentheriodo anticipadooprevistode Empieo:
Throughout: The State of NC. meme See Grower To mast?
Addendum For County and Physical Location 01?. Each mm 35 805/11/2015 11/14/2015
may; Grower ?embers ram, 10. Number of Workers Requesiedi N?mero de Trabajadoras Soi?citados:
3. Addie? and Direc?on? 3' ?193de Anticipated Hours at Work per Week} Horas Aniicipadasli?revisias de
vivienda: Trabajo porSemana. Tutsi: 40
Actual 0n Farm Housing Locations Are in Various Countiea
Throughauc The State or NC. Please See Addendum For county SundayiDom?ngo Thorsdayiduevas '7
and Physical mansion or Each neon Grower Mem?ntr's Housing. MondaylLunas '7 F?dayiViornos
Piease momma: NCGA For Driving Directions To Grower TuesdaylMartes 2 SaturdayIS?bada 5
Specific Housing Lacnclania}. Wednesdanyi?zcoies 2

 

12. An?cipaled range of hours for dl?orant seasonai ac?vliies: {Range previsto de

horas par aias diferenies aciividades do ia iamporada:
7:00am~3:009m with 1 Hour For Lunch, In General - Daya and

a) Description oi Housing [Descripcion de la vivienda:

Housing Typo Varies By Farm Location And Inciudea

 

wood Frame (WP) 'Shared (Sm 'Mobile Home?Im)? Hours: Vary widely Dapending on Real Time Circumstances: Sac
.ApartmentiAP) ,and/or attacrhment to ETA 750 for: complete Disclosure.
note: [Motel . 13. Coils-ct Coils Accepted from: {Acoptan Liamadas par Cobrarda:

Please 59% Addendum For A Description OF Each NCGA
Grower Member's Housing.

- Empioyerliimpleador: YesISiEl Now

Please ?ee Attachment To ETA 790 - Section 14, Am!

Housing Rules For Comprehensive Disclosure Of Housing

Terms and Conditions Being Of?ered To Employees No Collect; Calls Are Acoepted By NCGA or the
Eligible For The Conditional Benefit As Required By Growor Members.

The H-ZA Program Regulations At: 20 CFR 655.122id).

 

 

 

 

 

 

 

 

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 Describa c?rno el empleador tiene la intenci?n de ofrecer, ya Sea 3 comidas al die a cada trabajador, proporcionar gratuitamente instalaciones para copinar.
Employers Will furnish free coo ing and kitchen fac1lities 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 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 homesitrailers), 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 employerwprovided 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 providec
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 compliancc 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 housirg
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 Attachment and Housing Rules For Complete Disclosure - Housing Terms and
Conditions.

 

 

 

-2-

 

 

15,. Referral Instructions and Hiring Information I sobre admo Referir Candidatos/Solicitantes - (Explain how applicants are to be hired or referred, and the
Employer's/Agent's available hour to interview workers I Exptique Como los candidatos seran contratados referidos. las horas disponibles del empleadorIagente para
entrevistar a los trabajadores). See instructions for more details IVea tas instrucciones para mas detalles.

To be employed in this agricultural employment opportunity worker must have 1 month of verifiable general farmwork 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 23394

Telephone: 252.527.0567

Workers are screened for compliance with the following criteria:

a. Confirm abilitytwith 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 he 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 1?9 for a list of acceptable documentts). 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 requirements/Descripci?n requisitos del trabajo: Workers will expected to work in Vegetables and other
Diversified crops such 
Squash,String 
Jalapeno Peppers, Banana Peppers, CubanwL Peppers, Blueberries, Watermelon,
Cantaloupes, Soybeans, Cotton, Eggplant, Onions, Radishes, Spinach, Tomatillo, Kale, Mustard Greens, Okra, 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 experienciayes, number of months preferred: I Si es asi, numero de

"19595 de experienClK?ILJ/Ionth verifiable experience in general farm work is required.See attachments
for more details.

2. Check all requirements that apply:

Cl CertificationILicense Requirements I Certification/Licence Requisitos Criminal Background Check I Verification de antecedentes penates

Cl Driver Requirements I Requisitos del conductor El Drug Screen I de Drogas

Employer Wilt 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 largos ratos

8 Exposure to Extreme Temp. I Expuesto a Temperatures Extremas Frequent Stooping I inclinandose agachandose con frecuencia

Lifting requirement/ Levantar Cargar 6 lbs.IIibras IZI OTIHoliday is not mandatory I Horas Extras (sobre tiempo) I Dias Feriados no

8 Repetitive Movements I Movimientos repetitivos obligatorio

 

 

 

 

 

 

17. Wage Rates. Special Pay information and Deductions I Tarifa de Pago, information Sobre Pagos Especiales Deducciones (Rebajas)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Crop Activities Hourly Wage Piece Rate Special Pay Deductions* Yes/Si No Pay Period 
Unit(s) (bonus. etc.) Perlodo de Page
Cultivos Salario por Hora Pagos Especiales Deducciones
P890 per Pieza/ (Bono' em) I
Unidad(es)
3 Social Security F5 [3 Weekly Semanal
Seguro Social 
.. Federal Tax] El El
lmpuestos 
Federales

- State Tax El Bi-weekly/
cucumber 0 75 per llmpuestos Quincenal
Harvest 10 .32 5/8 bu . None Estatales 
Harvest 0.45 per Meals/Comidas 13! Cl
SweetPotatoes 10 32 5/8 bu. None 
Other (specify) Bl 
Hay Straw 10. 32 None 0th (espec'f'ca) 
- 
A Other/Otro
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

 

See 790 Attachment?Section 
period
all
the

18. More Details About the Pay Mas Detailes Sobre el Pago:

Workers are guaranteed that their total earnings will be at least equal to the applicable AEWR per hour for all hours worked in pay
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
hours worked in the pay period, the employer will increase the worker?s pay to the guaranteed minimum for the total hours worked in
respective pay period. In accordance with the regulations at 20 CFR 655.122tl) 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
H-ZA 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

7

 

the 790 ?111] disrlnane Ahnnr and basic: of pay

CFR the
transportation benefit

19. Transportation Arrangements/Arreglos de Transportaci?n In accordance with the regulations found at 20
following begins the required disclosure of the terms and conditions related to the conditional
and related subsistence benefit, when applicable. The Employer will offer transportation to and from the daily work site
entitled to the housing

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

(from grower provided housing to field or other worksite and return) at no cost to the workers

benefit described in Section 3 of the ETA Form 790/Grower Addendum attachment, and paragraph 14

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 grower:
association for any damages, injuries, personal or property loases. 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.

 

I

1

3

 

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, and/or pay workers for this (these) crop activity
(les)? LES la pr?ctica habitual usar Contratistas de Trabajo Agricola para reclutar, supervisar, transporter, dar vivienda, y/o pagarle a los trabajadores
para este(os) tipo(s) de cosecha(s)? Yes Si No 

if you have checked yes, what is the FLC wage for each activity? Si contesto cual es ei salario que Ie paga al Contratista de Trabajo Agricola por
cada actividad?

 

21. Are workers covered for Unemployment Insurance?! [Se is proporcionan Seguro de Desempleo a los trabajadores? YeslSi 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.

22.,k Are workers covered by workers? compensation? So to grovee se uro de compensacidnlindemnizacion al ,trabajador: Yes/Sig] ,No CI 
Wor er Will be covered by Worker?s Compensation nsuran 0r equivalent employer prOVi ed insurance for injuries arising

out of and in the course of employment. Workers must report all injuries and illnesses to their employer and the North

ob?na Gfowers Association immedi tely at (910) ?45?2 69 'lure to do so may result in terminatfon. 
 re too 5, supplies, and equrpment prow ed at no charge tot wor ers?? g, les proveen herramientas equrpos costo a gone 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 Not]

 

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 los acuerdos convenios hechos con tos propietarios del establecimiento 
'sus agentes para at page de una comisi?n otros beneficios por ventas hechas a los trabajadores. (Si no hay ningL'in acuerdo 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 "None".) Enumere toda huelga, paro interrupcion de operaciones de trabajo por parte de los empleados 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
does 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 Appiication for Temporary Employment Certi?cation for Workers? I {JEsta orden de empleo ha sido puesta
en conexion con una futura solicitud de certificacion de empleo temporal para trabajadores 

Yes/SiEi 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 655.12l(2)

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. Certificacidn dei Empleador: Esta orden de trabajo describe los t?rminos condiciones del empleo que se le ofrece. 
contiene todos los t?rminos condiciones materiates ofrecidos.

North Carolina Growers Association and Joint Employer Members (See Addendum)
Employer's Printed Name Title I Nombre Tituio en Letra de Molde/lmprenta del Empleador

1N0 Odin/106

Employer's Signatrl re Firr?a Titulo del Empleador Date Fecha 
by Harry "ee 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 En vista de la basica del Servicio de Empleo establecida por ley, como una entidad de intercambio laborai sin comisiones, es decir, como un
foro para reunir a los empleadores los solicitantes de empleo, ni ETA ni las agencies del estado pueden garantizar la exactitud veracidad de la informacion contenida en
las ordenes de trabajo sometidas por los empieadores. Ni ninguna orden de trabajo aceptado contratado on at Centro de Carreras (American Job Center) constituyen una
oferta de trabajo contractuales a las que el American Job Center, ETA 0 un organismo estatal 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 confidentiality. Send comments regarding this
burden estimate or any other aspect of this collection, including suggestions for reducing this burden, to the U.S. Department of Labor, Employment and Training
Administration, Of?ce of Workforce Investment, Room C-4510, 200 Constitution Avenue, NW, Washington, DC 20210.

DECLARACION DE CARGA PUBLICA

La carga de informacion publica para responder a la Forma ETA 790, que se requiere para obtener retener bene?cios (44 USC 3501), se estima en aproximadamente 60
minutos por respuesta, incluyendo el tiempo para revisar las instrucciones, buscar fuentes de datos existentes, recepilar revisar la coleccidn. Et publico no tiene por que
responder a esta rec0piiaci6n de informaci?n a menos que muestre un nt?rmero de control OMB valido. Esta informacidn es pLiinca no hay ninguna expectativa de
con?denciaiidad. Envie sus comentarios acerca de esta carga cuaiquier otro aspecto de esta coleccidn, incluyendo sugerencias para reducir esta carga, al US.
Department of Labor, Employment and Training Administration, Of?ce of Workforce investment, Room 04510, 200 Constitution Avenue, NW, Washington, DC 20210.

 

-6-

 

 

 

 

28. Use this section to provide additional supporting information (inoiuding section Box number). tnclude attachments, if necessary. Utilice esta secoi?n para proporcionar
informacion adicional de apoyo; incluya el numero de la seccion 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 (OHO). If the
employer fails to notify the 0H0 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 suf?cient 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;  l0 
(See Addendum)

Employers Signature y? 

l. 
by Harry Lee 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.

04/10/2015

Signed. I DateI 

 

NORTH CAROLINA GROWERS ASSOCIATION
CONTINUATION OF TEXT DIVERSIFIED VEGETABLE CROP
ATTACHMENT TO ETA 790
20 1 5

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 cooperative
(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
655.103(b) and provided at 20 CFR 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
655 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:

 

 

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 65 5 .122(1) 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$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 - 3330/ 100 row ft. $10.32
Pruning Tomato Plants - 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 bul $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 ?eld 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 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

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.

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 amonth 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, asallowed 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
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, 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 ?irnish 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 developing 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.

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 speci?ed 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
their assigned rowSWEET 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 field 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 #1'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

 

 

urgfj?i Veg]

697/3?

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.

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 degreeof
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.

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. Products will then be placed into sacks or boxes and
placed on trailer for transport. Workers may grade products removing bad or damaged leaves and
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

10

 

 

discarded. Spears over 1/4 inch in diameter which exceed 7 1/2 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 ?eld 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 1b.
bales. Load and stack bales onto a truck or trailer, move tractor or truck in the ?eld 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 speci?ed 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
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.

11

 

 

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
assigned work for the assigned employer whenever work is available through the full period of
employment shown in Item 5. Work available is de?ned as, no work required on the worker
Sabbath or federal holidays, but work is required seven hours per day Monday-Friday, and ?ve
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.

12

 

 

 

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 unqualified 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 crops 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,
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

 

 

 

l3. 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
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

14

 

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 of?cial 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 preperty, and to assure the comfort of all residents, the employer has deveIOped
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 Of?ce is to be made to the:

To be employed in this agricultural employment opportunity worker must have 1 month of
veri?able 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:

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 confirm 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.

0. Con?rmation of full disclosure of all terms and conditions and nature of work- job
description by local employment service staff.

15

 

 

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 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 1?9 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, wili 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 655 the
following paragraphs under section 17 are the terms and conditions, in their entirety, related to
the transportation benefit 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

16

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 benefit.

The Employer will not advance transportation and subsistence costs to the place of employment
for any worker.

Conditional Inbound Transportation and Subsistence Benefit 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 U.S. 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
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 U.S. workers
who complete the work contract and are eligible for the outbound transportation bene?t and the
U.S. worker has no immediate subsequent employment, the Employer will provide or pay
the most economical and reasonable cost of return tranSportation and subsistence for the U.S.

17

worker from the place of employment to the place from which the worker came to work for the
employer, except when the U.S. worker will not be returning to the original place of departure
due to subsequent H-2A?related employment with a different employer. If the subsequent
employer has not agreed to provide or pay for the U.S. 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 U.S. worker originally
departed to work for the employer. If the subsequent employer has agreed to provide or pay for
the U.S. 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 U.S. 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. U.S. 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 U.S. worker?s actual cost,
whichever is less. U.S. 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 bene?t
and the foreign worker has no immediate subsequent 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 H-2A 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
from which the foreign worker originally departed to work for the instant employer. If the
subsequent 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 CFR
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

18

 

 

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 H-2A 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 ful?llment 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 655 With respect to the statement above regarding
providing and/or paying the conditional outbound transportation bene?t 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 con?rming the injury
will prevent the worker from returning to work during the period of employment before issuing
the outbound transportation bene?t. There is no limitation created herein explicit or implied
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 bene?t.

19

 

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 ll and Attachment, (1) 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
misconduct in the workplace is, in general, characterized as an objectionable action that is will?il
and cannot be described as a mistake or an act of negligence.

In general, with respect to item 18j 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.)

20

 

 

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 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 H-
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 H-2A contract, absent an
extension or change of such worker?s status under DHS regulationsfor 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.
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.

21

 

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 speci?cations. 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 c0py 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 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 US. 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
and/or has not been referred to a government agency, the worker may request confidential,
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

22

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 first 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 sufficient 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 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 first 50% of the employment period in accordance with the
rule at 20 CFR 

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 CF 65 

O. For workers covered by MSPA there are no arrangements made with 
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
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.

23

 

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 Speci?cations, 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 IMMEDIATE 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


 

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 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.

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 DISCHARGE.

rev. 11
11/1/

 

 

15.

16.

17.

18.

19.
20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

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 specifically assigned by his supervisor. Workers may not
use or operate trucks or other vehicles, tools or other equipment or property for their personal use
unless expressly authorized by the employer.

Workers may not misuse or remove from the farm premises without authorization from his supervisor
any employer property such as trucks and other vehicles, beds, refrigerators, tools, etc. VIOLATORS
WILL BE SUBJECT TO DISCHARGE IMMEDIATELY

Workers must obey all safety rules and common safety practices and must report any injuries or
accidents to their supervisor or the employer's office immediately and North Carolina Growers
Association (NCGA) as soon as is reasonably possible. UNSAFE WORK BEHAVIOR MAY
SUBJECT THE VIOLATOR T0 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 knowineg 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 piay, 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

32. 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.

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.

10. Workers living in employer?s housing may not entertain guests in or on housing

11.

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

Addendum VG11

 

 

Employers

Starting
Date
Ending
Date

Housing
Housing Type

Total

Total
H2A

Location County Capacity errs

 

RANDY BAILEY
BAILEY FARMS, INC.

107 ENTERPRISE CT.
PO. BOX 649

OXFORD, NC, 27565
(919) 690-1524

Peppers, Squash, Tomato

(12195)

6/11/15
11/14/15

3WF, 3 MH

GRANVILLE

50

25

 

BRENT BARBEE
A BARBEE FAMILY 
LLC

1000 SHELTON ROAD

CONCORD, NC, 28027

(980) 521?1395

Canalope, Peppers, Squash, Sweet Corn,
Sweet Potatoes, Tomato, Wat?ermelons

(19737)

6/11/15
11/14/15

1 WF CABARRUS

 

CASSANDRA BARE (19879)
HARVEST FARM, LLC

107 OLD TOE RIVER ROAD
NEWLAND, NC, 28657
828-756-2262

Beans, Produce, Sweet Corn, Tomato

5/11/15
11/14/15

18H Avery

 

Total Housing Capacity
Total H2A Workers Requested

Total Employers

55
28

 

 

Page

1of

1

Housing Types: AP - Apartment, BL - Block, HO - Hotel/Motel, ME - Metal, MH Mobile Home, SH - Shared. WF - Wood Frame

 

 NORTH CAROLINA 
ASSOCIIAWON ENC

 

NORTH CAROLINA GROWERS ASSOCIATION, INC.

The enclosed job order (ETA 790 and Attachments) for
- farm workers is being placed in connection with a
future application for

Please let me know if you have any questions or concerns.

   

Thanks, 
Lee Wicker

3?0 Box 399 Vass, North Caroli?a 23394 0 . - (910) 2454969 0 Fax (910) 245-3391

 

 

 

 

 

THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION

I I Immigration?and Nationality Act (INA) allows for the employment of temporary, nonfirnrnigrant workers in_ 
angCUlt'ure' WORKERS) only if the employment of U5. workers onld not be adversely impacted. To ensure  

.   that U3, workersare not

  
 

II 1  I-

WAGES 

- - magnum"

 

 iiqumc;

  
  
   
  
 


.

       
 

 

 

II'conditions, and benefits of the employment being offered 
To receive this information prior to getting a visa and no later than onvthe fi
?To receive this information in a language understood by the worker 

. To receive an itemized, written STATEMENT OF EARNING

. no oost to the Worker, between the housing and the worksite
 insured, and be operatedby licensed drivers

7 For. any worker who  not reasonably aIbIIe'tIoIIreturn
be provided HOUSING AT NOCOST

 no more thari
IfaCIIitieS I

be provided COMPENSATION insurance or its equivalent-1  I
be provided, at no cost,-
'I4,Ithe assigned dthiesI'    . 7;
ITO BE, FREE FROM DISCRIMINATION OII 
i-fexercising your rights in'anIy way or helping-Others to do so 
 Employers MUST comply with all other appIICable la__w_s (includingIt
]hIolding workers?I passports or Other immigration documents) I

ofthe employer,  USTNOT receive paymentfrom any Worker for any costs relate
I (such as application and recruitment fees) 3
displaythis poster where employees Ican'readilyI seeit I
- Employers MUST NOT layoffordisplace I
I datIerof'needrfor?HFZA Workers 
 EmployieirerL?JSThire any eligible 
II 

adversely impacted, H-2A WORKERS and OTHER WORKERS employed on an work 5 .,

H-2A employer in the same agricultural work as the wdrkers have the following right_s;' 

ToIreceive accurate, WRITTEN INFORMATION about the we

ges,hours,'working .I 

day of work  I II

To be PAID at least twice per month at the rate stated in the work contract . . 

To be informed, in Writing, of all DEDUCTIONS (not othervIvise required by law)Ithat will be   
made from the worker?s paycheck (pay stub) for each pay period,?
To be guaranteed employment for at least THREE-FOURTHS of the total hours 
promised in' the work contract - 

Tobe provided or, upon completion of 50 percent of the work contract period, reimbursed  
for reasonable costs incurred to the place of employment for transportation and I I
subsistence (lodging incurred on the employer?sbehaif and meals) . .  -
Upon completion of the work contract, to be proVided or paid for return transportation -- I I
.ahIdIsubsistence . I .- I I I
For workers living in employer-provided housing, to be provided TRANSIPOR

TATION, at 7

All employer-provided transportation must meet applicable safety standards,'be properly  

   

to his/her residence withinthe same
Employer-providedhousing must meetapplicable safety standards ,g or 1 a  
workers Who live in employer-provided housingmust be offered three meals per day?at',  r' 

II a DOL?specified cost, or provided free and convenient cooking-arid kitchen   i

 

   
  
  
 
  
  

a? TOOLS: to  I I I

IISCHARIGE for filing acompiaint, ?eaiiyinaa,  
 prohibition agate 

Employers and their agents, inclUdingI foreign recruiters, or anyone working on behaIl
Ito.



within 50 days 

      

 

 

 appliee during. the firsIItSIdReset-?t
 beenviolated may file confidential complaints; 1  I

For additional information:

1 -866-4-USWAGE

(1?866?487~9248) TN: 1?877-889-5627

 

US. Wage and Hour Division



US. Department of Labor I Wage and Hour Division

WHD 1490 April 2012

 

 

 

   
   

   

   

 
     

SECCIDN DE HORAS SUELDOS DEL DEPARTAMENTO DE TRABAJO DE EEUU

'l'rimi'graci?n yNac'ionalidad (lNA-Siglas en ingl?s) permiie _el empleo dertrabaja'dores?tamporeros no} 
 7 _ag'ricultura (Trabajadores H-2A) siernpre y" cuando no se impacte adversamentea trab?ajadoresde EEUU.) 
de oue' no se impacte adversamente a trabajadores de TRABAJADORESHQA OTROS  I
empleados an e] conytrato de trabajo H-2A porjun ?mpleador ?n el mismo trabajo agrr'cola'  
com-o derechos: . I .. 7? 

     
 

 

DECLARACION. - Recibir ESCRITA sobre Ios salarioS,- las horas, las cendioiones dertrabajo Ids 
  7 Vbeneficio's da empleo que se?rofrecen I 77 a 4
Recibir esta informaci?n antes de conseguir unlvisa?do no mas tarde del primer dia de trabajo" 
 - Recibir Esta informaci?n en un idioma que lo enti?nda'el trabajador   

. f_'Q_u_e se por lo menos dos Veces al mes de acuerdo con la tasa especifioada en ?l contrato 
.17'de'trabajo  I 

- 'Qua se le inforrne, por escrito, de todas las DEDUCCIONES (no exigidas de otro modo p'o'r ley) que?
 'se haran del cheque de pago del trabajador . -  

?Re'cibir una INGRESOS (tal?n de pago) escrita detallada para cada periodo de

;7 7- page . - . . [pi 

1 Que se le garantice empleq por lo menos de? TRESNCUARTOS del total de horas prometidas
en el'contrato de trabajo 

Que se Ie preporoione 0, al cumplir con 50 per ciento del periodo de trabajo contratado, reembolse 
por los costos razonables incu?rridos por transporte alimentacion al lugar de empleo (alojamienfo
afavbr dela'mpleadOrycomidas) 7 '3 

-  Al terminar el contrato de trabajo, que 33 ie preporcione que se le pagUe transporte d_e regreSo 
?7
Para trabajadores que viven en vivi?ndas proporcionadas por el empleadOr, que._se_le provea  



ningt'm costo a] trabajador, entre la vivi_enda el sitio d? empleo 

_Todo transporte proporcionado por el empleador ha de complir oon todas las normas de s?guridad 
- 'ap?icablas, ha da estar asegurado correctamente ha de ser operado por un conductor licenciaolo  . 

 

 

 dia, SIN COSTQ .  - .

7 Para oualqoier trabajador que no pueda regresar ra'zd'nablementea su' domicilio'durantaai  

9 :La vivia?nda p'roporcitjnada Vpo'r' el empleador tiene qu?e?cumplir con las nqrm?gde segoridad  

  

 Al trabajadorqw viVe?enfUna viVienda pro'poroionada por?elompleador se' le tiene que Ofr?cerltresyg 
que no cu?sfen mas del costo especificado'por DOL, que Se le provea las-v.3:  'j _7  
'c'omo'didades para poder opoinar y_d_e una cocina . -   

   

 7 one se? la provea _szeguro ofsu equivalente 
- Qu?'sa re provea, sin ningun CoSto, todas las EQUIPO exigidos  5? 
?7 para desempe?ar'oargos asignados -- -     
 VLIBRE DE DISCRIMINACION o_ DESPIDO por presentar una demanda, por atestiguar porg
 ejercer do cualquier r?odo? sus derechos por ayugar ai'otros a hacer lo, mismo-?  J: - 

 
    
   
  
   

  
  
 
 
  

Tog; empleador'TlENE quapumplir (inclusoVla?prohibici?n contra,
trabajadores of'cualq'uiar otrodocUmento 
agentes; inclUSo reclutadOfQS? a?'ranjeros, o'oualqhi?r'a ?q?ue' trabaje 'e'nn-T j_ 
recibir pago der?ningah'trabajador por ning?n obsto ralacionado al
de obten?r Ia oertifioaCi?n (tal condo honorarios de solicitUd - 
'?'3?Todorenjpla'ador exhirbirge'ste cartel gildnd? I05 empleados lo puedan ver facilmente'  I 
 e'rn?p'leador PUEDVE desem'pl?ar deSplazar'_a trabajadores 'de EEUU semeja'ntem?nta  
was '0 meno'sant?soe?la fecha Que se?VneceaitentrabajadOreaH-ZA :5 i _y   
.Todo empl?ador contratar a?jcualcjuierltrabajador elegiblefde' EEUU que soliciterdurantei el'
5- prim?le 50 porciento dei periodo'de trabajo enlelIco'ntrato aprobadd 7 1  

 

  or?a'ou? ?d?rechds? hrayan ba'ioe'ate programa pned? 
"?fid?'n?oia'    r,        

 
 

 

 

 

Para informaci?n adioional:

1 -866-4-USWAGE

(1  1  U.S.Wage and HourDivision



US. Department of Labor I Wage and Hour Division

   

WHD 14BOSP Abril 2012