by Julie Gruenbaum Fax
October 16, 2008
Seeking to accentuate Jewish traditions that place a premium on ethical integrity, Los Angeles Orthodox rabbis are encouraging local businesses to sign up for a new seal of certification that ensures employers are treating workers fairly and humanely.
The move comes in response to allegations over the past year that the nation’s largest kosher slaughterhouse, Agriprocessors in Postville, Iowa, routinely violated the rights of its employees, many of them undocumented workers and many of them underage.
“We have always considered ourselves to be a light onto the nations — we’re the ones who are supposed to be a paradigm and example and role model for the rest of the world of what it means to be an ethical, moral, Godly person,” said Rabbi Daniel Korobkin, leader of Kehillat Yavneh in Hancock Park. “If the world or if the media is looking askance, for whatever reason, at the Orthodox community, then it behooves us to address the issues.”
Korobkin rallied his colleagues, Rabbi Elazar Muskin of Young Israel of Century City and Rabbi Yosef Kanefsky of B’nai David-Judea Congregation, to address the national crisis in kosher confidence by turning an eye toward businesses that serve the Jewish community on a local level.
They will offer, at no cost, a rabbinic seal of approval to any business or institution that volunteers to undergo scrutiny to verify that employees are being treated according to local, state and federal labor laws. The certificate will not be tied to kashrut in any way.
“We felt we had to do a kiddush Hashem [sanctification of God’s name], and the kiddush Hashem was to be really concerned about the employees and how they are being treated,” Muskin said. “It has nothing to do with kashrut — this goes way beyond kosher eateries and butcher shops and bakeries. We want to know our schools and shuls and businesses are treating employees correctly.”
The three rabbis, and Rabbi Steven Weil of Beth Jacob, introduced the concept to their congregants in sermons during the High Holy Days. They have volunteered their own synagogues to be analyzed first and then within the next few months, hope to expand to other shuls, schools and businesses, starting mainly with the Pico-Robertson corridor and reaching out as the project grows.
A similar initiative in Israel, Bema’aglei Tzedek, was founded in 2004.
Last year, the United Synagogue for Conservative Judaism created Hekhsher Tzedek, a certification for kosher food processors that encompasses fair treatment of workers, corporate integrity and environmental responsibility.
The Los Angeles group is calling itself Peulat Sachir: Ethical Labor Initiative, based on language from the verse in Leviticus 19 that prohibits an employer from withholding wages overnight from a worker.
“Whereas we are appropriately extraordinarily careful about the laws of kashrut, clearly we have an attitude that is less rigorous and perhaps even somewhat lackadaisical when it comes to this whole other vitally important area of Jewish law,” Kanefsky said. “A religious community has to be very concerned about kashrut, about education, about mikvah [ritual bath], and it has to be very concerned that the people we interact with on a regular basis are being treated in way that is halachically proper.”
Peulat Sachir will involve itself in six areas: minimum wage, overtime, rest and meal breaks, workers compensation, leave policies and anti-discrimination protections. A lay board of labor lawyers, businesspeople and others with expertise in the field will analyze business practices by looking at paperwork and talking with employees.
The board will not deal with the complex area of immigration status. Labor laws apply equally to documented and undocumented workers, explained Craig Ackermann, a labor lawyer and lay leader on the project.
Businesses will not have to pay for certificates, but the rabbis acknowledge that businesses may have to spend more to qualify for the certificate, if, for instance, they have to start paying for overtime, giving paid leave or making sure workers get appropriate breaks.
Whether businesses which are not now in compliance will risk having to pass those costs on to customers is an open question.
“As people committed to halacha (Jewish law), we pay what has to be paid so we can fulfill the halacha — we do it for kashrut, we do it to teach our children Torah. Should we not do it for the halacha of following the law of the land or of how we treat our employees?” Kanefsky asked.
The halachic concept of “dina demalchuta dina,” the law of the land is the halacha, makes legal adherence and Jewish law one and the same, he pointed out.
Ackermann guesses that the first businesses to respond positively will be those that are already in compliance with labor laws.
The rabbis are hoping that once consumers begin to ask for the certificate or more heavily patronize businesses that are certified, business owners will see the benefits, both moral and monetary, to being able to display a Peulat Sachir certificate in the window.
“We’re hoping this is something store owners won’t be able to dismiss easily,” Kanefsky said. “And frankly, the idealist in me believes that store owners will want to be a part of this mitzvah of raising awareness about this in our community.”
Over the next few weeks, the rabbis will continue to constitute the lay board and will reach out to businesses and different segments of the community. They are contacting leaders of the Iranian community, because a large percentage of the businesses on Pico Boulevard are Iranian owned. They are also reaching out to the right wing of the Orthodox community, which on a national level has been wary of similar projects.
That debate came into focus last month, when the right-wing Agudath Israel of America reacted tepidly to an announcement from the centrist Orthodox Rabbincal Council of America (RCA) that it is creating a guide to labor ethics to be distributed not only to kosher producers but to all businesses.
The RCA, which serves as the halachic adviser for the Orthodox Union (OU) kashrut certification agency, said it will write into kosher supervision contracts the need for companies to comply with all local and federal laws regarding labor and environmental issues. While the OU has long had a rule on the books that its certified companies must be in compliance with the law, this gives more teeth to the provision and raises awareness among kosher purveyors.
The RCA’s new guidelines will also delineate talmudic and biblical business ethics beyond American law, which it hopes businesses will voluntarily adopt.
Korobkin expects that the ethics initiative in Los Angeles will spread to other communities.
“I am hopeful that this will raise a greater level of awareness within various elements of the Orthodox community that this is an issue that needs to be addressed,” Korobkin said. “I think many times we in the Orthodox community want to know how to react to crisis, and sometimes the way we react is by having a tehillim [psalm reciting] rally, or we speak about the need to daven [pray] harder, or to do teshuvah [repentance]. We feel this is form of teshuvah, as well — this is a form of raising awareness in certain areas where there is room for improvement. We can act as a shining example to society at large and to other communities.”
For more information on the Ethical Labor Initiative, call (310) 276-9269.