Complaint Review: Moon Valley Nursery

YOU are illegal immigrant. that's why you are getting taking advantage of, when you do things under handedly you get served underhandedly. You have no right to sue any one-- Because you are not a citzen and YOU DO NOT HAVE THOSE RIGHTS THAT ARE IMPOSED TO CITZENS. IF YOU WANT TO VOICE YOUR OPONONS GET A GREEN CARD, If you don't like your JOB GO TO SCHOOL AND GET SKILLED IN A BETTER PAYING PROFESSION! OOPS YOU CAN'T DO THAT BECAUSE YOU ARE OVER HERE IN OUR COUNTRY SUCKING UP OUR RESOURCES,AND UNABLE TO GET FINICIAL AID. AND YOU ARE ALSO A CRIMINAL, CROSSING AMERICAN BORDERS, WITHOUT PROPER DOCUMENTATION IS A CRIME. SO YOU THE CRIMINAL HAVE THE NERVE TO SUE SOMEONE ELSE FOR BEING A CRIMINAL ISN'T THAT IRONIC

All illegal immigrants need to be deported!!!!! period point blank, if you want to come to America do it legally, if you can't do that than you have NO RIGHT TO BE HERE, AND YOU DAM SURE CAN'T COMPLAIN ABOUT YOUR WAGES, IF YOUR WAGES ARE THAT BAD go back to where the hell you came from. No one is against immigration, illegal immigration is what most have a probelm with

I served for this country, I went to fight in another country so that those who live here can have peace. If you want to come her elegally fine, do so by all means.

DO NOT however, come here and whine because you are getting unfair treatment. that is both unethical, and wrong. How about i break into your house, steal your stuff, then stab myself, and sue you because it is unfair? if you think that is unfair, deal with it, we all do.

If Department of Justice will fine Wal-Mart $10 Million, what will Moon Valley be fined?

I have learned alot more:

Moon Mountain Farms in California is Moon Valley Nursery in Arizona and Nevada:
http://plant.cdfa.ca.gov/nurserylicense/nlviewp.asp?i=454065&co=&ci=&rd=2/19/2005

Moon Mountain Farms LLC
1011 East Telegraph Road, Fillmore, CA 93015
3966 E. Howe Road, Fillmore, CA 93015

Moon Valley Nursery has 8 locations in Arizona:

Avondale / Goodyear
11320 W. Indian School
623-772-8866

North & Central Valley
14025 N. 7th St.
602-938-6666

East Valley - Mesa
2653 E. Mckellips
480-833-9268

East Valley - Chandler
3775 W. Chandler
480-812-3939

Northeast Valley
18047 N. Tatum
480-778-0611

North Valley/ Anthem
2098 W. Bell Rd.
602-424-5500

Surprise Location
16685 N. Greasewood
623-876-9606

Desert Center
14025 N. 7th St.
602-942-7313

Moon Valley Nursery has 2 locations in Nevada:

Las Vegas
9040 S. Eastern Ave.
702-361-1955

Las Vegas
7200 N. Rancho Dr.
702-735-8733

The EEOC has advised me to sue Moon Valley Nursery in Federal Court. I have 90 days left to sue.

This was written to Ray Stern, the reporter for The Tribune:



First, this is not a labor dispute in the normal sense of a unionized labor dispute. This is a dispute about Mexican Slave Labor. I contend the company is using illegal immigrants in such a way as to make huge profits at the expense of cheap labor. The company also is treating the planters and nursery workers as animals and machines. The company needs to acknowledge there have been numerous OSHA violations, with injuries to these employees.



Second, the only employees who are being overworked and underpaid are of Mexican origin. I accuse the company of discrimination and racism against these Mexican workers.



Third, why did Attorney Montoya "vow" to file a federal lawsuit against the company on my behalf and these other employees? He wanted me to settle on Friday night, and did not want to continue to fight for me. He said it would be too expensive, and I did not have a case.



Fourth, why did the company not provide you with a planter or a nursery worker to speak with? Osvaldo Beristain, you say works in sales and design. That sounds like a fancy word for landscaping. By the way, while being interviewed by Telemundo, he refused to say how much his wages are.



I do thank you for printing this story. I am, however, confused as to why you printed it. How were you and your editor able to find it news worthy? According to Montoya, I have no case, and he has decided not to continue my case against Moon Valley Nursery. So, if he has found no justification, why have you then reported a false alarm? According to Les Blake, I am just a disgruntled employee and this situation is absolutely crazy.



What happens now to the poor guys I tried to protect? Joel, Luciano, Pedro, Luis, Jose, Victor, Carlos, Poncho, and the rest of these men deserve better than what I could do. Like I said before, I tried my best. I sent out over 1200 emails from The President down to "Joe Schmo". The issue of this situation has not been resolved and it never will be when Moon Valley Nursery denies all of my allegations and continues business as usual.



All is lost, except my soul. Now, maybe I just disappear.



Shawn Miller



We be many and they be few. They need us more than we need them. Another world is not only possible, she is on her way. On a quiet day, I can hear her breathing.

Arundhati Roy

Steven G. Montoya was my attorney, but Moon Valley Nursery has intimidated him. Steve told me to settle with Moon Valley before they sue me. I told Steve to leave me alone and hung up on him. I will never surrender.

As a small grower in the Phoenix area I appreciate some of Moon Valley's issues. I wish I was able to pay my farm labor for twelve hours a day. Many farm laborers work their eight hours then work a second job. Agricultural and seasonal workers need to work many hours during peak season to compensate for the off the season. The ag labor is exempt from overtime pay as outlined by state and federal law (irregardless of national origin).



As for the term "slave labor" on the picket sign I take offense. I wish a great grandchild of a true slave would talk to this fellow. Laborers are not forceably taken from their homes. They are not thrown into the bowels of ships for months in chains.



Unlike slaves, agricultural laborers are free to work and be compensated where they choose.

My feelings about this situation is not what amount of money Moon Valley is paying, but the fact that they are employing illegal immigrants. If they were to come here legally, pay taxes, carry insurance like the rest of us then they would have a right to complain. The key word here is ILLEGAL. I am tired of carrying "uninsured motorist", "underinsured motorist" insurance because there are so many illegals on the streets driving without a drivers licence or insurance.

Illegals are a drain on our health care system which people like me have to pay for. Living in this country because you were born here doesn't make it any less a privlege. If you were not born here then you apply and earn the privlege by following the law, and become a legal resident and then a citzen and contribute like the rest of us. If you don't know the language you learn it.

This country would be better served if people like you would put their efforts into trying to stop the corporations from hiring illegals, it is against the law!!



My final comment is this, the biggest rip-off taking place in this country is the thousands of illegals that make their way across our borders, and all the people we have to employ to try and stop them. It is your tax dollars and every other hard working American that is paying for all of this.



This probably won't get printed but at least I got it off of my chest!

Shawn,



As a former resident of Arizona I'm not so sure why you are so upset. The cost of living is AZ is considerably low, so working for $9-$12 an hour is not all that terrible. (Come to Massachsuetts learn about cost of living.) I do agree with you that they should be receiving raises for their hard work. However, the mexicans that work barely speak english and have very little education, if any at all. You seriously expect the corporate office to give them all $20 more an hour. I barely make that and I have a college education and speak perfect english.



Some of them know english, but when confronted it's,

"No hablo ingles." They pretend they can't speak it.



However, for me (a white american) to visit or live in another country that spoke another language I would have to learn it. I wouldn't have the privelege of having billboards and local government agencies (welfare offices, post offices, etc) in my language. Nor would I expect them to.



When my family came to this country, they learned to speak the language and did the back breaking work. You've got to start somewhere. Why don't you try and help these people get an education so that they can pursue the american dream of owning a business or other things. That way they don't have to do the dirty work and live off our welfare system. (and trust me they do, I used to work for a company that had an ACCHS contract, there are a lot of people out there that try to take advantage of the system, illegal & legal citizens and they are not all mexican)



Moon Valley is not the only company that takes advantage of the cheap labor, what about the group of laborers that stand on the corner by the Food City waiting for a truck to come by and pick them up for $5 an hour. As long as there are people around that aren't educated and have a language barrier there's going to be a lot of laborers around, and they'll be happy to work for what's given to them.

Shawn,



while I am not saying you don't have a point, there are many Americans that work for the same amount. Some are overpaid for their job and others not. I have a professional job and I see people who make as much money as I do without a degree and some that make more in the same situation. Now on to your complaint about how they are paid. You said 8-10 hours a day 6 days a week at 50.00 a day. That is just a little under minimum wage at 10 hours a day that is 5 dollars an hour. At 8 hours it is 6.25 an hour. Of course there are days you may work thirteen and I don't have to do the math for you there. While I am not siding with your employer at all and their tactics for questioning are crappy to say the least but let me also give you some other instances where Americans that you claim don't want to do the work they are doing.



My friend who works in landscaping only gets paid for 35 hours a week and he works a heck of a lot. sometimes 10-12 hours a day 6 days a week. Yes, he knows plants, grasses, trees ect and proper care for them. Yes his hours are mad up during the off months or rainy days, but guess what? he makes less then you do. There are not many jobs in this country -fast food that pay a lot of money. I don't know where you have been but minimum wage is common and making ( your wage 8 hour day 11.86 , 10 hour day 9.50 an hour ) is just as common. Just because you hold a certain position doesn't mean you are going to get paid more. I work on AC at a desk, a garbage man works outside in the cold, heat ect and makes more then I do.



Also as far as treatment of people. Take a step out in the big world, the corporations that run it are just as cold and cruel as your employer. They just get away with it legally and hide behind laws that are so hard for the victim to prove it isn't worth the time, not to mention the money. Most people could not fight their employer because they have corporate attorneys and years to fight that you don't have. After all, you have to work to support your family just like everyone else. Now I am not saying just roll over, but open your eyes it is happening to everyone not just these unfortunate people.



You mention about how we came to be in this country, well every nation in the world came about the same way, even Mexico. So should we just dissolve every government? let the barbarians and warlords run things as they see fit. Just let everyone run from one country to another, drugs, disease, war, theft? meanwhile the decent people suffer. Should we open our floodgates and populate this country to the point of not being able sustain its inhabitants? I am not saying we should close its borders at all. I welcome people here who want to learn about our culture as well as me theirs. But don't worry Shawn these people are not being left out. Next time you go shopping, pick up cans, look at signs ect ect. You wont see any Russian, French, Portuguese languages on there, but you will see their language. So it doesn't look like we are leaving them out of our culture, we are change for them. You see, we are changing for them because there are many of them in out country which is also their country now. I welcome them. However, if I went to their country I would not expect them to change their language for me.



My whole point is you don't have to work there and neither do they. No your employer is not right for the treatment of them and should be fined or jailed. Again I am not taking your employers side I am not taking anyone's side. The whole situation is complex and they are paid more then slaves are also. There are just as many slaves in this country who were born here. I wish you luck in your fight, there are many things that need to change and it is up to all of us to make it happen.



By the way, I have been working for my employer for 6 years, during this time my employer has not given me one single raise and I work for a multimillion dollar company. Matter of fact I dont know anyone here who has received a raise.

As a result of my investigation, I have found discrimination against Mexican workers at Moon Valley Nursery. I have some of their check stubs to document my proof. Every white driver gets a raise per year of service with the company. The majority of Mexican workers have gotten nothing. There is a white driver getting $120/day for two years of service, while Joel Howard a Mexican gets $65 for four years of service. Shawn Miller

I have a hearing on May 20, 2004 at 2:00 at:

Mesa Municipal Court

245 West Second St.

Mesa, Arizona 85201

480-644-2255

Docket No. 2004030644



Please help me. I am requesting the injunction to be lifted, because Moon Valley Nursery is violating my civil rights. I am a whistleblower, requesting protection for myself and these Mexican Immigrants. There is too much time until the hearing. Moon Valley could deport or retaliate against those whom I have already spoken with and gotten their inside information.

This statement is a true account of all that transpired from Monday, April 12, 2004 through Friday, May 7, 2004.



Sometime during the first week in April, 2004, I had forwarded a request to my manager, Sal Bracale, on behalf of a Mexican immigrant named Luciano who had worked for Moon Valley Nursery (MVN) for several years. Luciano knows all the plants by name and sight and he is bi-lingual; therefore, it was my opinion that he is more important than me and deserves more money than he was receiving. Sal Bracale acknowledged forwarding this letter to Jenni, his supervisor who is over payroll. I did not receive a reply of any kind from Jenni.



A drivers' meeting was called for April 12, 2004, for all nursery drivers from all eight locations of MVN. The last drivers' meeting was held in early 2003. This meeting was called after an incident that occurred when a Mexican planter carrying a 200 to 300 lb. plant box on his back dropped it on a dog and killed the dog. This incident was stated to all drivers at the meeting and was acknowledged in the second statement from the drivers' meeting's minutes. During the meeting, statements were made that the drivers would receive several bonuses, etc. This is acknowledged in the drivers' meeting minutes as #6, #7, #8, #18, #19, and #20. After all the talk of the drivers receiving bonuses, I brought up the subject concerning giving the Mexican planting crews bonuses as well. Les Blake, the owner of MVN, stated there was not enough money for the company to give the Mexican planting crews bonuses, and if money was given to the planting crews, some drivers would have to be laid off. Finally, my manager Sal spoke up and said that the planting crews should be given something for their hard work. So it was decided that MVN would give the highest rated planting crew of the current pay period new pairs of work boots. (As of May 4, 2004, in a telephone conversation between myself and Les Blake, he acknowledged that no crew had received work boots. Les Blake said he didn't even remember stating that the work crews would receive boots during the drivers' meeting. I advised him to reread the minutes from the drivers' meeting.) Also during the meeting, paperwork was mistakenly passed out which showed that MVN had made a $386,000 profit, and it was immediately taken back from the drivers' possession. Considering the profit shown on that paperwork, it made no sense that MVN said it could not afford to give the Mexican planting crews any bonuses, etc., without laying off some of its drivers. The decision to give the highest rated planting crew new work boots came as an afterthought or token response to my request to give them something as well.





The morning of the drivers' meeting, I spoke with my crew members and told them I would be presenting a request for more money at the meeting. When I spoke with my crew the day after the meeting and told them that there would be no more money for them and that only the highest rated crew per pay period would be given new work boots, they were discouraged. It was at that point that I felt the need to help them in any way I could to get MVN to treat them better. So I began to question each Mexican worker as to what exactly how much money they were making. I knew I was making $95 per day (even though I was told I would be paid $100 per day). Imagine my shock to find out that some of the Mexican workers were only being paid as little as $55 per day. Other Mexican workers were being paid anywhere from $65 to $85 per day. I could not comprehend that some of these Mexican workers had been working for MVN for four years and only being paid $65 per day. (For example, Joel Howard has worked for MVN for four years and is getting only $65 per day. Contrast this with a white driver that has been working for MVN for two years and makes $120 per day.) After talking to the majority of the Mexican planting crews that work at the Mesa location, I decided to ask the Mexican nursery workers how much money they made. Some of the Mexican nursery workers are paid an hourly wage of $5.50. Some of these nursery workers are working seven days and over 90 hours per week.



On Tuesday, May 4, 2004, after completing my day's deliveries, I was informed by my manager Sal that I needed to call Jenni immediately concerning some photos I had taken. I called Jenni. Jenni told me that Jaime, MVN's yard foreman, had informed her that I had taken photos of some of the Mexican employees. She stated that they did not want their photos taken. She then asked why I had taken the photos in the first place. I told her I was documenting Mexican slave labor for a website. She then asked why I was doing that. I told her my reason was because MVN is not paying the Mexican employees enough money for all their hard work. Jenni asked why I did not talk to my manager first. I reminded her of the letter that Sal forwarded to her requesting more money for one of the Mexican workers. I also reminded her that I brought up the subject at the drivers' meeting of more money for the Mexican planting crews. Jenni then said goodbye and hung up. I told my manager I had spoken with Jenni, and while we were speaking, his cell phone rang with a phone call from Jenni. I then went home. Later that evening, I received a phone call at home from Les Blake, which I alluded to earlier. Mr. Blake wanted to know what was going on and why it was going on. I explained to him that I had spoken with my manager, forwarded a letter to my manager's superior, Jenni, and even spoke up in the drivers' meeting seeking more money for the Mexican employees. I told him that no one wanted to listen to my requests for more money for the Mexican employees, so I decided to document the Mexican slave labor going on at MVN. I told him I took photos of his Mexican employees and talked with them and found out that they are not being paid enough. I told Mr. Blake that some of his Mexican workers were only being paid $55 per day, and some of his Mexican workers were working seven days a week and in excess of 90 hours per week. Mr Blak.e said there was no way any Mexican nursery worker was working seven days a week and over 90 hours per week; however, the time cards and check stubs of these Mexican employees show otherwise. I then told Mr. Blake that I had proof of how much these Mexican workers were being paid and how much they were working per week. Mr. Blake only wanted me to stop taking photos and to remove anything I had put on the internet. Mr. Blake wanted to know what I expected MVN to do for the Mexican employees. I told him that MVN should pay every Mexican employee $20 more per day. When I said this, Mr. Blake said there was no way they could afford to pay every Mexican employee $20 more per day. I then told him I knew that MVN had made a $386,000 profit. He was dumbfounded that I knew that MVN had made that much of a profit and immediately deduced that I found this out at the drivers' meeting when they passed out the wrong reports to us. Mr. Blake then told me to not take any more photos of the Mexican employees. And that was the end of the conversation.



After I had spoken with Jenni and Mr. Blake on Tuesday, I realized I needed to quickly gather my proof of MVN's mistreatment of their Mexican employees. On Wednesday through Friday, May 5-7, 2004, every Mexican employee was going to bring me their check stubs. I collected four of them on Wednesday, May 5, 2004, and nine more on Thursday, May 6, 2004.



When I arrived at work on Friday morning, May 7, 2004, I noticed that Scott Reeves' truck was already loaded and ready to leave the nursery. This was unusual because Scott usually takes his truck home each evening and has never been loaded by 6:00 am. As I went into the office, I noticed Scott's loaded truck being driven to the back of the nursery where the trucks are loaded. I completed my daily paperwork in the office. Then I went out to my already loaded truck, which has to be loaded the previous day. Luis, one of my crew members, informed me that we needed some 10-foot long stakes that are not on the truck. We both drove on a golf cart to the back of the nursery where the stakes are kept. On the way to get the stakes, I saw Jaime, the yard foreman, and spoke with him briefly about getting more money for the Mexican workers. Luis and I then continued to the back of the nursery to get the stakes, and I saw Luciano and several other Mexican employees who were loading their trucks. They appeared to be distressed. I approached Luciano and asked him what was wrong. He told me that Scott had forced him into Scott's truck and then intimated and threatened him for speaking to me. Luciano also said that Scott threatened every Mexican worker with deportation if they continued talking to me. I tried to reassure Luciano that there would be no problems for the Mexican workers and told him I would find out why Scott threatened him. Luis and I drove back to the front of the nursery where I found Scott talking to Jaime. I walked up to Scott and asked him why he had threatened Luciano. He said he did not threaten Luciano; he only told him not to talk to me. I told Scott that the Mexican workers have a right to talk to me because MVN is treating them like slave labor. Scott said that the Mexicans were not being treated like slave labor and they were being paid fairly. Scott said there were other places that were worse than MVN. I asked Scott how he was going to explain to his wife and son his reasoning when he has to stand before a judge and explain his actions. Scott then yelled out and told me not to talk about his son or his wife. Scott then walked away from me. Scott told me to stay away from him. I then explained to Scott that he had no right to threaten any of these Mexican workers, who were standing 15-20 feet away from us, with deportation or bodily harm. This conversation was witnessed by Luciano, Pedro, Luis, Joel, Carlos, Carlos, Jaime, Chuy, Manny, and possibly Greg, who is another driver, and others. Scott then went inside the office talking on his cell phone. I then told the Mexican workers again that Scott was no good and that he could not threaten or hurt them in any way. I also told them that MVN could not threaten or hurt them in any way. As I was telling them this, Scott came back out of the office, came to where I was standing, and told his crew to go and get in the truck. Scott then got into his truck with Chuy. The Mexican workers were just standing there, not knowing what to do. I explained to them that they could not get in trouble, no one could hurt them, and that I was fighting for them. I then told them to go ahead and go to work. Scott's crew got in his truck and they drove off. Greg, the other driver, then walked up and asked what just happened. I told him that I had been taking pictures and documenting the Mexican slave labor that was going on. I told him that Scott had threatened Luciano and the others with deportation for helping me. Greg then said he was glad someone was speaking up for them because he couldn't. Immediately following this conversation with Greg, Jaime drove up with Howard, a MVN executive that I had only met one time before, and who is not even my supervisor. Howard got off the golf cart and got right in my face and demanded to know if we were going to work today. This struck me as odd. It made no sense for Howard to ask if we were going to work today. MVN pays the delivery drivers and planting crews by the day, we don't punch a time clock, we leave the nursery anywhere between 6:30 am and 8:00 am, and we work until the deliveries are done, no matter how long it takes. It is up to the individual delivery driver as to what time he and his crew leave the nursery. The nursery doesn't open for business until 8:00 am. Gaylon, a MVN salesman, is the only office employee that comes into work before 8:00 am. I told Howard of course we were going to work today. Howard then pointed at me and said, "You do your deliveries today, and when you get back, you see me." Howard's condescending attitude and tone toward me were degrading and made me feel like I was an animal in his eyes. I perceived that the whole morning's events were a trap and that my job was now in jeopardy. I then stated that I quit. I handed Howard my cell phone, to which he replied, "What?!?" I again told him that I quit, and I walked to my car. I realized that I had a MVN gas card and a MVN shirt on, so I removed those and put them on the office steps. As I was walking back to my car, I told the Mexican workers that were standing around watching everything that it was not their problem; it was mine. I told them to go to work and that I would be their soldier and fight for them. I told them I would come back and protest in front of MVN. I then got in my car and left.

Moon Valley Nursery Strike/Protest



After protesting today from 8:00a.m. to 11:00 a.m., I returned to my home. I received a restraining order. It says I may not return to any of the properties. Scott Reeves accuses me of grabbing him and threatening him. I am requesting a hearing to block this injunction, as about seven to ten immigrants witnessed his tirade.



I have a ton of inside information. Some employees are working over 90 hours in seven days. The owner Les Blake said the Mexican workers liked to plant and that they were very happy. I wonder if they like to plant as much as the Africans liked to pick cotton in the South. I doubt it!!!



The Department of Labor states that there must be running water in the restrooms. At Mesa, there are only port-a-toilets. That is a Department of Labor violation. I have contacted the Department of Labor and am awaiting their investigation.



I am confident I will win and justice will prevail for the Mexican Immigrants who are being used as slave labor.

Here are 2 men too afraid to speak out.



I have been collecting more inside information. I have: check stubs, time cards, and more pictures.



I have spoken again with the owner, Les Blake, and he says no worker is working 7 days a week, and no one earns $55 a day. I now have proof otherwise.



This morning, another white Moon Valley driver, Scott Reeves, got one of the immigrants in his truck and interrogated him. After this interrogation, he threatened and intimidated him and warned him and the others not to talk to me.



Scott then said they would all be deported if they continued to talk to me. They were quite shaken. I then confronted Scott about this threat, and he exploded and yelled at me, saying the guys are well paid, and that there were worse places to work than Moon Valley.



I continued trying to get him to see that Moon Valley is using the immigrants as slave labor, but he refused to reason with me. He finally said that there were bigger fish to fry than him. There were several other immigrants that saw and heard the interrogation and our conversation. Scott finally fled into the office.



I then went to the immigrants and tried to explain to them that they have a right to be heard.



Then another high executive with Moon Valley came up to me and asked if we were going to work today. I said yes. He then told me, in a threatening manner, that I had to see him after the day's deliveries were done. I took objection to the way he spoke to me like an animal. I took off my Moon Valley shirt and said I quit. I told the immigrants to go ahead and work, and I would go on strike.



I returned home, and my wife made my signs for me. I then drove to the sidewalk across the street from Moon Valley and began my protest. I was then videotaped by a Moon Valley employee and I was photographed at least four times.



I also spoke briefly with three company executives who asked me to stop and give them a list of my demands. I simply told them I wanted every Mexican immigrant employee to receive $20 more per day. The owner quickly agreed with my terms as long as I would leave and take down this web post.



The second executive just wanted me to again tell them what I wanted. I told him I did not want anything for me, only $20 more per day for the Mexican employees.



The third executive told me that I would never get anything. I started picketing about 8:00 a.m. and stayed until 6:00 p.m.



Shortly after arriving at my home this evening, I received a telephone call. The caller, a male who would only identify himself as a friend, said I was in over my head and did not know what I was doing. He said I was only gonna hurt myself and the immigrants.



I almost forgot to include this interesting tid bit of information. Three days ago, every Mexican employee was required to turn in their information as to their telephone number and address. They all assumed it was because the company was going to deport them.