Attachment D
The State Plan for Agricultural Services was reviewed with the State Monitor Advocate, and he has approved the plan. He is in contact with DOES staff on an ongoing basis throughout the year and is cognizant of all relevant MSFW programs and services. In addition, he periodically reviews and suggests changes throughout the season.
The New York State Annual Monitor Advocate report was considered and the recommendations for improving the services to MSFW were incorporated into the plan. Discussions were held with the Monitor Advocate prior to the development of the plan and consultation continues about its implementation. Any weak areas in providing services are acted on immediately and all recommendations for corrective action are implemented according to guidelines under 20 CFR 653.109 (t).
Not applicable to New York.
Rural Opportunities of New York is the WIA 167 (JTPA 402) grantee in New York and has operated under a cooperative agreement since 1981 to provide information about the Department of Labor to their clients contacted during field visits. The Department of Labor also provides information about Rural Opportunities, Inc. to outreach contacts of MSFWs by the Rural Outreach staff. Any comments received that identify needed services will be incorporated into the outreach procedures as they are identified. Comments received from Rural Opportunities, Inc. will be thoroughly analyzed as to their benefit to the outreach program before implementation.
Review of previous year's agricultural activity. Vegetable and fruit production are the major agricultural activities in New York utilizing seasonal labor. Diversified fresh market vegetable crops are produced statewide but the major geographic areas for prime activity are listed below along with the major fruit producing areas.
Long Island - mainly Suffolk County - sweet corn, vegetable greens, cole crops, wine grapes, and nursery plants during the period April through November.
Hudson Valley - six-county area adjacent to the Hudson River - sweet corn, onions, green vegetables and apples from April through October.
Champlain Valley - two counties, Essex and Clinton - sweet corn and apples with heavy activity between August and mid-October.
Central New York - comprising eight counties around the Syracuse area - onions, apples, sweet corn, potatoes, cranberries and cole crops such as cabbage from April through October.
Finger Lakes - comprising nine counties around the Rochester area - apples, sweet corn (fresh and processing), cabbage, onions, wine grapes, snap beans for processing, beets, carrots and peas for processing from April through November.
Western New York - comprising the counties in the Niagara Frontier south to Lake Erie/lake plains - sweet corn (fresh and processing), peas (processing), grapes (wine and juice), tomatoes, cabbage (fresh and kraut), apples (fresh and processing), snap beans from May through November.
The best estimate of the MSFW activity by crop area is listed below and indicates the peak population for the year:
Long Island: 1,068 workers with the majority of the workforce employed in Nursery and Greenhouse production. Due to the nature of Greenhouse and Nursery, the peak population is employed in May.
Hudson Valley: 2,684 workers were employed in harvest activities of apples, onions, sweet corn, other vegetables and sod from April through November with the peak activity in September.
Champlain Valley: 989 workers were employed in the area with 800 of the total employed in the apple harvest. The remainder were employed in various vegetable crops. The peak activity period is in September.
Central New York: 1,189 workers were employed in the area in sweet corn, onions, apples and cranberries. The vegetable season lasts late into the fall while apple harvest has ended by late October.
Western New York: 1,379 workers were employed in the area with most in various vegetables and the remainder in apples and fresh cabbage. The peak activity period is September through October.
The following table, based on data in the ES 223 report (a bi-monthly report of MSFW activity in New York), shows the reported number of MSFWs in the State at the peak employment period for the past three completed agricultural seasons. This total includes Interstate, Intrastate, Foreign (H-2A), and Local Workers (the latter two which are not listed below):
| Total | Interstate | Intrastate | |
|---|---|---|---|
| 1999 | 11,035 | 4,920 | 290 |
| 1998 | 11,358 | 5,725 | 215 |
| 1997 | 11,844 | 5,865 | 200 |
Assuming that 2000 will be a typical agricultural season as far as employment of MSFWs, we estimate the number will be 11,000 of which 5,500 will be migrant workers. An estimated 1,200 migrant food processing workers, a group not covered in the ES 223 data report, should be added to these figures as we perform extensive outreach to this mostly Spanish-speaking population.
The New York State Division of Employment Services (DOES) had budgeted 4.75 positions in Program Year 2000 for full-time outreach by Rural Employment Outreach staff. Funds from Wagner-Peyser ES Grants will cover the cost of DOES staff performing outreach. One full-time Monitor Advocate is funded for PY 2000.
| Location | No. | Title | Duration |
|---|---|---|---|
| Albion | 1 | Rural Employment Aide SS | Year round |
| Newark | 1 | Rural Employment Aide | Seasnl 3/5-12/30 |
| Oswego/Syracuse | 1 | Rural Employment Aide SS | Seasnl 3/18-12/30 |
| Riverhead | 1 | Rural Employment Aide SS | Year round |
| Middletown/ Pine Island |
1 | Rural Employment Aide SS | Year round |
| Kingston/ Hudson | 1 | Rural Employment Aide SS | Seasnl 3/18-12/30 |
The geographic area covered by outreach staff is much larger than the jurisdiction of the local offices to which they are assigned. All outreach staff cover multiple counties and cross several local office jurisdictions.
| Local Office | MSFWs Contacted | |
|---|---|---|
| Hudson | 800 | |
| Plattsburgh | 50 | |
| Rochester | 150 | |
| Newark | 2,500 | |
| Batavia | 1,500 | |
| Warsaw | 500 | |
| Albion | 500 | |
| Riverhead | 1,000 | |
| Lockport | 150 | |
| Hamburg | 500 | |
| Kingston | 500 | |
| Middletown/Pine Island | 700 | |
| Syracuse | 1,250 | |
| Local Office | Staff Days |
|---|---|
| Hudson | 41.1 |
| Plattsburgh | 2.0 |
| Rochester | 10.73 |
| Newark | 90.45 |
| Batavia/Elba | 11.75 |
| Warsaw | 13.0 |
| Albion | 13.75 |
| Riverhead | 90.0 |
| Lockport | 9.5 |
| Hamburg/Dunkirk | 31.5 |
| Kingston | 18.9 |
| Middletown/Pine Island | 37.1 |
| Syracuse | 76.0 |
The outreach efforts to be provided by outreach staff will cover all those described in 20 CFR 653.107 (i-p). These efforts are the minimum required but staff are usually much more thorough in their presentation and provide a comprehensive outline of services available in the particular area. As mentioned earlier, we are continuing our cooperative agreement with the Section 167 Grantee (ROI) in providing this comprehensive approach to outreach.
We will continue to utilize the tools, techniques and approaches which have proved so successful in the past. Prior to each season's start, DOES staff contact farm employers who regularly employ farmworkers to explain the outreach program and outline procedures to perform this MSFW outreach during the upcoming season. The majority of outreach contacts are made at the grower's housing and at various cooperating agencies and organizations where MSFWs congregate.
Cooperating agencies also are contacted for their help in locating migrants who need services or are in need of outreach services. Materials distributed during outreach contacts include: a booklet, Farmworker's Guide to New York State Labor Law (in English and Spanish), a plastic wallet-sized card giving Rural Opportunities, Inc. "Hot-Line" telephone number and an English and Spanish "Farmworker's Rights" sheet which outlines the protection farmworkers are entitled to while working in New York State. We also distribute the wallet-sized card containing the "Trabajo Hot-Line" telephone number which Spanish-speaking workers may call with questions or problems. Their problems or questions are relayed to the proper agency or office. We are continuing to distribute information on the National Migrant Education Hotline which can be accessed nationwide but is home-based in New York at SUNY Oneonta. In addition, we have distributed USDOL Wage and Hour booklets and cards under the Fair Harvest, Safe Harvest logo.
We also distribute flyers describing the Department of Agriculture and Markets childcare program, and we are alert to any situation involving migrant children to ensure that they are placed in daycare, Head Start programs or school as appropriate.
Outreach Logs and Records
All staff conducting outreach maintain a daily outreach log recording the number of daily MSFW contacts, their identity (where appropriate), and the information or services provided. Copies of the outreach logs are maintained in the significant local office.
The equity indicators established under 20 CFR 653.112 have been difficult for NYSDOL staff to meet. All five of the ES-controlled indicators are reviewed on a quarterly basis and three of the five far exceed the equity indicators. However, the indicator covering counseling and job development has been nearly impossible to meet for several years. Since New York is at the end of the migrant stream, the majority of the workers who report to our offices are interested only in farm work. When their job is finished, they leave the area and don't return until next year. Staff actively pursue workers who indicate their desire to settle out of the migrant stream but the numbers statewide are very small. We will continue to search for ways to improve the number of MSFWs counseled and to raise the number of job development contacts performed on behalf of MSFWs.
The Rural staff will make a concerted effort this year to register and perform job development on a portion of the MSFW population which indicates a desire to settle out of the migrant stream. In addition, a more sustained effort to identify individuals who are interested in a career change will be conducted by outreach staff this year to ensure that they receive counseling when it is in their best interest. As we cooperate more with community-based organizations under the Workforce Development, One-Stop concept, Rural staff should be able to better identify individuals needing the more intensive services of counselors.
Not applicable to New York.
Services are provided to agricultural employers in New York State through our 75 Division of Employment Service (DOES) offices located throughout the State. In addition to the regular office staff who provide the full range of ES services to the agricultural, as well as the non-agricultural community, we have dedicated staff, Rural Labor Service Representatives (RLSRs), who have the primary responsibility to provide services to agricultural employers and workers. This specialized staff is located in 13 offices in areas of high agricultural activity. Services provided include:
Linking Available Workers with Employers
The main vehicle for matching available workers with employers is through our computerized system, WINS and AJB. When this system fails to produce the required number of workers, we expand our activities to include contacts with various community-based organizations who work with migrant and seasonal farmworkers, such as Rural Opportunities, Inc. (the WIA 167 grantee in New York), Farmworker Legal Services, Migrant Ministries, etc., to inform them of employer needs and request referrals of workers. In addition to these actions, we also operate seasonal offices in three areas of the State to provide MSFWs with easier access to our services. Full services are available at these locations. We are also very active statewide with local interagency groups and coalitions. These activities keep everyone apprised of labor needs and provide a mechanism for these groups to refer workers to our offices.
Promoting ES Services
As indicated in the preceding sections, we attend many grower meetings on a statewide basis where we give presentations on ES services. In addition, we attend trade shows where we set up an exhibit and distribute promotional material and interact with agricultural employers in attendance. We plan to continue our Job Service Employer Committees (JSEC), as needed, in order to keep employers up-to-date and informed on current rules and regulations pertaining to the agricultural industry.
We also have been successful in placing notices, advertisements and public service announcements in local newspapers, radio and TV stations, and Pennysavers, to promote our services and also to aid in recruitment.
H-2A Program
New York State has a relatively large and growing H-2A Program, and as a result, we make extra effort to attract and refer domestic workers to these employers. Some of the specific actions taken include: