Friday, December 17, 2021
CapitalPress.com 3
Sen. Betsy Johnson: ‘The D behind my name doesn’t defi ne me’
whom she plans to court
vigorously in her campaign
as a non-affi liated candidate
for governor.
“Oregonians can be sur-
prisingly independent and
that’s independent with a
small ‘i’,” she said. “Our
government needs a centrist
to bring the opposing sides
together.”
Johnson said she’s cur-
rently focused on fund-
raising but will begin fl y-
ing around rural parts of the
state next year, since she
realizes “there’s an Ore-
gon that’s east of Bend and
south of Eugene.”
Reaching out to citizens
outside the state’s major
population centers will be
key to her campaign strat-
egy, Johnson later told Cap-
ital Press.
“The support of rural Ore-
gon will be absolutely essen-
tial to win this race,” she
said.
Johnson reminded farm-
ers of several instances in
which she defi ed the state’s
By MATEUSZ PERKOWSKI
Capital Press
REDMOND, Ore. — If
she’s elected Oregon’s gov-
ernor next year, Sen. Betsy
Johnson,
D-Scappoose,
expects to keep her veto pen
busy.
Many of the state Dem-
ocratic party’s policies go
against the interests of ordi-
nary Oregonians and thus
wouldn’t pass muster with
her administration, she
said at the Oregon Farm
Bureau’s annual convention
in Redmond Dec. 8.
“The ‘D’ behind my
name doesn’t defi ne me,”
Johnson said, noting that
she refuses to “march lock-
step” with Democratic pri-
orities that harm agriculture.
“Why do some legis-
lators appear be so anti-
farmer? I fi nd this inexpli-
cable,” she said.
Johnson’s observations
were repeatedly interrupted
by applause and laughter
from the crowd of farmers,
Blueberry farm
alleges damage from
railroad spraying
By MATEUSZ PERKOWSKI
Capital Press
A Washington state farm
claims its blueberry plants
were damaged by herbi-
cides sprayed along a rail-
road right-of-way by a pes-
ticide applicator.
The owners of the
Sandhu Farm in Skagit
County have fi led a com-
plaint alleging that Ferro-
safe, the applicator, caused
the damage while provid-
ing weed control services
for the BNSF Railway Co.
A similar problem com-
pelled Sandhu Farm to fi le
a lawsuit against the com-
pany in 2017, which was
settled by an agreement that
restricted herbicide spray-
ing during summer, the
complaint said.
Earlier this year, Sandhu
Farm noticed that blueberry
leaves near the railroad
tracks were “crinkled and
curled instead of smooth,”
especially in areas where
the vegetation buff er was
sparse between the tracks
and the farm, the complaint
said.
The leaves were sent to a
laboratory and the plant tis-
sue tested positive for 2,4-D
and other chemicals that are
active ingredients in her-
bicide products, none of
which are used by Sandhu
Farm, the complaint said.
The complaint specif-
ically alleges that Ferro-
safe applied Oust Extra
herbicide on BNSF’s
right-of-way in April and
May when wind speeds
exceeded 10 mph, violating
the label regulations.
“Ferrosafe knew or
should have known with
substantial certainty that
herbicides applied to the
BNSF right-of-way in the
manner and under the con-
ditions applied were likely
to become volatile and/or
drift onto the Sandhu prop-
erty,” the complaint said.
The lawsuit accuses Fer-
rosafe of breaching the pre-
vious agreement, as well
trespass, negligence and
nuisance, among other
allegations.
Sierra Dawn McClain/Capital Press
An Washington farm
alleges herbicide drift
from railroad weed con-
trol damaged its blue-
berry bushes.
The lawsuit seeks tri-
ple the amount of fi nan-
cial damages sustained by
Sandhu Farm, in an amount
to be determined by a jury.
Sandau Farm has also
asked for a permanent
injunction prohibiting Fer-
rosafe and BNSF from
applying herbicides next
to its property, or requiring
them to apply herbicides in
a way that avoids damaging
blueberry plants.
An attorney for Fer-
rosafe said the company
is unable to comment on
active litigation. A repre-
sentative of BNSF, which
is also named as a defen-
dant in the complaint,
also said the company
doesn’t comment on active
litigation.
The lawsuit was ini-
tially fi led in Skagit County
Superior Court but was
transferred to federal court
in Washington because Fer-
rosafe is incorporated in
Arizona and its principal
business offi ce is in Ala-
bama. BNSF is incorpo-
rated in Delaware and is
based in Texas.
In an answer fi led in fed-
eral court, Ferrosafe denied
causing damage to Sand-
hu’s blueberry plants and
specifi cally denied spray-
ing herbicides containing
2,4-D.
In the answer fi led by
BNSF, the company said
it’s “without knowledge
or information” regarding
the key accusations against
Ferrosafe but opposes the
injunction request.
Mateusz Perkowski/Capital Press
Sen. Betsy Johnson speaks with Bob Klinger, a Polk
County sheep farmer, at the Oregon Farm Bureau’s an-
nual convention in Redmond, Ore., on Dec. 8.
Democratic
supermajor-
ity in the Legislature, such
as voting against controver-
sial “cap-and-trade” bills
that aimed to curtail carbon
emissions.
“Being told climate
change is the most important
issue our nation faces rings
hollow when you’re strug-
gling to make it to the end of
the month,” she said.
Another bill to mandate
higher overtime wages for
farm workers was based
on “emotions, not reality,”
since it would likely result
in reduced hours and pay-
checks for those employees,
she said.
Johnson highlighted her
support for legislation that’s
helped farmers, including a
bill that reduced regulatory
requirements for cleaning
drainage ditches.
“There are legislators in
Salem who have no idea how
important clean ditches are,”
she said.
State environmental pol-
icy had treated all such
ditches as “pristine salmo-
nid habitat,” Johnson said.
“No, they’re not. They’re a
ditch.”
Farmers must give law-
makers an earful about pol-
icies that are important to
them, which may mean testi-
fying online during the next
legislative session, she said.
“Don’t give up, even if
leadership locks down the
building,” Johnson said.
“Don’t let them screw you
with the door closed.”
Many farmers will likely
be receptive to Johnson’s
message, even though the
agriculture industry tradi-
tionally leans Republican,
according to several growers
at the conference.
“I’m not happy with the
Republicans or the Demo-
crats. They can’t work with
each other and are entrenched
in their own little world,”
said Peter Kenagy, a Benton
County farmer. “Neither of
them sees the bigger picture
of where we’re headed as a
state.”
Farmers recognize John-
son as a Democrat who has
“really stood up” for the
industry, he said. “They value
her historical support for
agriculture.”
Bob Klinger, a Polk
County sheep farmer, said he
doesn’t think farmers are mar-
ried to voting for a Repub-
lican candidate in the 2022
election.
While Johnson has always
been good to work with, the
“bottom line” is whether
she’ll be able to keep a
left-leaning candidate from
winning, said Kathy Hadley,
a Polk County farmer.
“I want to see some poll-
ing and a path to victory,” she
said. “That is the key under-
lying principle: Who can beat
the progressive?”
Willamette Valley Vineyards adopts
overtime pay for its farmworkers
By GEORGE PLAVEN
Capital Press
TURNER, Ore. — Willa-
mette Valley Vineyards will
begin paying overtime wages
for farmworkers beginning
in 2022, as the Oregon Leg-
islature considers lifting the
federal overtime exemption
for agricultural employees
statewide.
Founder and CEO Jim
Bernau said the company — a
leading producer of Pinot noir
wine — has approximately 45
full-time hourly fi eld workers,
ballooning to 135 at harvest.
Agricultural workers will
also receive a 6.2% increase
in their base pay eff ective Jan.
1 to keep pace with infl ation,
Bernau said.
“The rapid rise of infl a-
tion is hurting our hourly paid
farm employees the most,”
he said. “They’re under a real
strain.”
Under the 1938 Fair Labor
Standards Act, most U.S.
workers are guaranteed min-
imum wages and overtime
pay. Farmworkers, however,
were excluded from the law.
State Rep. Andrea Salinas,
a Portland-area Democrat,
will reintroduce a bill in the
2022 legislative session that
will overturn the exemption
and phase in overtime pay for
farmworkers.
Lawmakers in neighbor-
ing Washington state already
passed a similar law requiring
overtime pay for farmworkers
after 55 hours a week in 2022,
48 hours in 2023 and 40 hours
in 2024. Any hours worked
above those limits must be
paid at one-and-a-half times
the worker’s normal wage.
Bernau said Willamette
Valley Vineyards will fol-
low the Washington schedule,
even as Oregon’s rules con-
tinue to take shape.
“Part of that has to do with
setting in motion what we need
to make sure that we’re fair
with our farmworker families,
and also to retain them,” he
said. “I think more than ever,
employers are reminded that
employees have choices. Farm
work needs to be an attractive
choice for farm families.”
At the same time, Ber-
nau acknowledged that not
all farms are able to take on
Groege Plaven/Capital Press File
Jim Bernau, founder and CEO of Willamette Valley Vine-
yards. The vineyard and winery are phasing in overtime
pay for farmworkers.
higher labor costs.
Willamette Valley Vine-
yards is vertically integrated,
with a winery in the Salem
Hills near Turner, Ore., which
he said gives them more tools
to overcome higher costs,
such as establishing new mar-
kets, expanding distribution
or creating new products.
Bernau estimated the
increase in base pay will cost
Willamette Valley Vineyards
$111,000 annually, while
overtime could cost as much
as $333,333 per year.
“We’re going to fi gure
it out,” he said. “We don’t
really know how precisely
we’re going to address these
costs, but when we work with
our farmworkers, and we all
share the same goal, we have
a much higher likelihood of
success. We need the farm-
workers’ trust and support.”
To protect small farms,
Bernau said Oregon’s agricul-
tural overtime law should take
into consideration all diff erent
farm sectors and their unique
seasonal needs.
He is also advocating that
the state provide funding to
help small farms make the
transition without costing
workers their jobs or forcing
producers out of business.
The Oregon Farm Bureau
and other agricultural groups
have argued that, despite its
good intentions, agricultural
overtime as currently pro-
posed in Oregon could force
farms to reduce workers’
hours, switch to less labor-in-
tensive crops or move out of
Oregon to control costs.
“I’m really hoping that
those lawmakers, especially
on the progressive side of
the scale, listen to us,” Ber-
nau said. “We share the same
goals. We just need to fi g-
ure out how to get there,
together.”
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