SHERROD BROWN - le'ttrl Stator .Srnatt l'il'ul. "7 L'I'Jill . -.-- I is. August 9, 201 7 Thomas R. Shelton CEO Case Farms 385 Pilch Rd. Troutman, NC 23166 Dear Mr. Shelton: I write regarding the disturbing ?ndings of a New YorkerfProPablfca investigation published May 1, 2017' concerning the workplace practices at Case Farms facilities in Winesburg and Canton, Ohio. I am concerned about the safety standards at these facilities and believe the company?s statement following the article provided an inadequate response to the well- documented dangers facing your workers in Ohio. I seek more information from the company to determine the extent to which Case Farms has worked with the Occupational Safety and Health Administration (OSHA) to reduce workplace hazards and improve workplace safety and respect workers? collective bargaining rights. The New Yorker/ProPablr?ca investigation uncovered numerous, grave examples of unsafe working conditions at Case Farms facilities and detailed descriptions of the company?s refusal to address the dangers. Because of this hazardous environment, workers were left with crippling disabilities, including frozen arms and lost legs, among other injuries. As a result, OSHA has frequently cited Case Farms for serious, willful, and repeat safety violations. When workers have tried to organize to advocate more effectively for a safer workplace, the company has retaliated against the organizers and blocked the formation ofa union. Each infraction on its own is concerning, but taken together they underscore a corporate culture at Case Farms that appears to emphasize pro?t maximization at all costs, including workers? livelihoods and limbs. In the company?s response to New Yorker/ProPubZica investigation, Case Farms stated that ?worker safety is an integral component of the culture? at the company. This statement does not appear to square with this recent report and the company?s history of serious OSHA violations. To better understand the safety standards at Case Farms Ohio facilities and to learn more about the steps the company has taken to address workplace hazards, I ask you to provide answers to the questions below. a In 2015, two Case Farms plants in Ohio were cited by OSHA for a total of 100 violations of the law and ?ned over $1.7 million. Has Case Farms corrected all cited hazards and is the company now in compliance with all the basic safety requirements of the OSHA law? Please provide any evidence you have of abatement ofhazards cited by OSHA. 0 Has Case Farms voluntarily asked OSHA to inspect any of its facilities in the last year? If not, will the company voluntarily ask OSHA to conduct a safety inspection of all of its locations? 0 Does Case Farms audit subcontractors? safety compliance in all of its facilities? Does Case Farms review subcontractors? safety procedures and their history of OSHA fines and citations before entering into a contract with a subcontractor? If not, why not? 4! Does Case Farms include minimum safety standard requirements in its contracts with subcontractors? [f not, why not? If so, what are the minimum safety standards subcontractors are required to meet? a What is the monetary value of the investments Case Farms has made in improved safety, including for the reporting software and new training? Are any additional investments planned for the rest of 201 7? If so, what are they? a What protocol does the company have in place to receive and evaluate worker requests to slow down the operating line? Has the company ever reduced line speed at the request of workers? Organizing a union and collectively bargaining with an employer are federally protected workers? rights. The New Yorker/ProPubiica investigation cites several speci?c examples where the company retaliated against workers who sought to unionize or simply protested dangerous working conditions. When workers voted to form a union, the company refused to collectively bargain with the workers? chosen representatives. Despite this extensively documented anti- union activity, the company?s recent statement claims it is ?not an anti-Union company.? The company?s extensive record of anti-union activity demonstrates otherwise, but in the event the company has changed its policies regarding unionization, I ask that you respond to the questions below to provide more detail. it Has the company ever fired for any reason any worker who was known by the company to have been involved in unionizing activity at Case Farms? If so, how many? 0 Why did the company refuse to negotiate with the union for three years after the workers had legally voted to elect union representation? 0 Did the company take any additional efforts to discourage or block the formation of a union? 0 Has the company made any recent changes to its policy regarding unions? 0 Will the company stay neutral in any future efforts by workers to organize at Case Farms facilities? The New Yorker/ProPublica investigation into Case Farms raises serious questions about the company?s commitment to workers? safety and workers" rights. If the investigation contains false and misleading allegations, as the company?s reSponding statement indicated, then providing detailed answers to the above questions will help to establish an accurate record of Case Farms? treatment of its workforce. Please respond to these questions by August 31, 2017'. Sincerely, errod rown United States Senator