[Dryerase] Alarm!--Ex-Braceros sue for withheld wages

[Alarm!Wires]

Ex-Braceros file lawsuit
Suit demands repayment for wages withheld sixty years ago

By Maryanne Schiffman
The Alarm! Newspaper Contributor

On Friday more than 100 elderly men gathered outside of Wells Fargo 
headquarters in San Francisco to demand repayment of wages withheld from 
them for more than sixty years. The men are plaintiffs in a federal 
class action lawsuit filed in March 2001 against Wells Fargo, the 
largest bank in rural California and a major player in California’s 
agricultural economy. The suit charges Wells Fargo with breach of 
contract, breach of trust/fiduciary duty and unjust enrichment.

The plaintiffs in the suit came to the US during WWII, when the 
government initiated the bracero (“strong arm”) program, inviting 
Mexican workers to replace American workers who had gone off to war. 
Initially only the railroad industry participated, but the program was 
later extended to sectors such as the agricultural industry in 
California. Under the original agreement between the two governments, 
ten percent of braceros’ wages would be put aside in a “savings plan.” 
The contract stated that when the workers returned to Mexico, the 
Mexican government would either use the money to buy farm equipment for 
the braceros or return the money to them in a lump sum.

However, the Mexican government neither bought equipment nor returned 
the money to the workers. Wells Fargo says it fulfilled its part of the 
agreement by transferring the money to Mexican banks, and that it was 
the responsibility of those banks to return the money to the braceros. 
Yet Wells Fargo refuses to open its books to prove its innocence. It is 
alleged that the money owed to the men amounts to between $500 million 
and $1 billion.

After gathering at the Wells Fargo bank site on Friday, the ex-braceros 
next marched to San Francisco’s U.S. District Court Building where the 
first statements on the case were being heard. Attorneys for Wells Fargo 
attempted to have the case dismissed on the basis of technicalities, 
including the lapse of the legal statute of limitations. The judge 
considered the arguments provided, and has yet to return a decision.

Several California politicians are intervening on the ex-bracero’s 
behalf. In February of this year, Marco Firebaugh (D., Los Angeles) 
introduced State Assembly Bill 2913, extending the statute of 
limitations for the special case of the ex-braceros. The bill, which 
provides that the ex-braceros’ claims “be applied retroactively and not 
be dismissed provided that the actions are introduced before December 
31, 2003,” has passed the house and is now pending approval by the State 
Senate. Similar legislation has been also introduced at the federal 
level. Sam Farr (D.-Santa Cruz) is among the many politicians who 
support this legislation and look for justice for the braceros.

The good news is that the legislation is expected to pass in the State 
Senate without difficulty, and the governor is expected to sign it. The 
bad news is that the court case only addresses the “missing wages” that 
were deducted from the salaries of the 400,000 railroad workers who were 
here between 1942 and 1949. This leaves aside the rest of the more than 
2.5 million braceros, including those working in agriculture, who also 
claim they had wages withheld and never saw a cent returned to them. It 
is estimated that in the span of time between 1949 and 1969, millions of 
dollars were withheld from these workers.

Ignacio Gómez Rodríguez is a Salinas resident and a member of the 
Salinas Valley Ex-Braceros, one of largest and most politically active 
ex-bracero groups in the US. “There is more than just the money the 
lawsuit asks for in this issue” he says. “First of all, there were many 
more braceros who lost money than just the ones who worked between 1942 
and 1949. We want Wells Fargo to respond for the wages of all of those 
workers. But beyond that, it is also an issue of respect. We came here 
and helped this country with its needs. We would like to be treated 
decently and respectfully.”

The lawsuit involves workers from both sides of the border and almost 
every state in the nation. Politicians – including the president – have 
been quick to line up on the bracero’s side. For Wells Fargo, a bank 
trying to win over Latino communities with new policies to attract 
Spanish-speaking customers and special money wire rates to Mexico, the 
negative publicity is becoming increasingly painful. The day after the 
San Francisco demonstration, Wells Fargo representatives contacted 
Alianza Braceroproa to ask for a meeting to discuss the situation. But 
Mr. Gómez Rodríguez of the Salinas Braceros was skeptical. “If Wells 
Fargo really did send the money to Mexico,” he said, “then they should 
open their books and show us the records. If they really did, then they 
have nothing to fear. But if they didn’t, then they need to respond for 
that money.”

For more info on legislation AB2913, visit the California State 
Legislature at www.assembly.ca.gov or call Rudy Montalvo at the offices 
of Henry Contreras (D.- Los Angles) at (323) 562-7880 or (916) 319-2050. 
For info on the Salinas Valley Braceros Organization, visit 
http://www.newcitizen.org/english/bracero_eng.htm. For info on the class 
action lawsuit, contact one of the following organizations working with 
ex-braceros in the area: The Citizenship Project in Salinas (831) 
423-4345, Alianza Braceroproa in San Jose (408) 929-9551, and Proyecto 
Bracero de Stockton (209) 956-0367.

All content Copyleft © 2002 by The Alarm! Newspaper. Except where noted 
otherwise, this material may be copied and distributed freely in whole 
or in part by anyone except where used for commercial purposes or by 
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