Vol. 73/No. 23      June 15, 2009

Pereyra-Gabino, a former vice president of Local 1149 of the United Food and Commercial Workers union and steward at the JBS Swift plant here, had been found guilty in May 2008. He was later sentenced to one year and one day in prison and fined $2,100.

Pereyra-Gabino won an appeal and the conviction was overturned in April. The U.S. attorney’s office filed a motion to dismiss the case May 11, which was granted by the court the next day.

Pereyra-Gabino was one of 25 people arrested in a workplace raid by the Immigration and Customs Enforcement agency in July 2007. Several months earlier immigration cops carried out a coordinated raid on six Swift plants across the country, arresting 1,297 workers, including 99 at the Marshalltown plant.

One of Pereyra-Gabino’s responsibilities was to carry out union orientation sessions with Spanish-speaking workers recently hired at the plant. He had worked at the plant for 12 years before his arrest. In an interview with the Militant last September, he said, “My job was to build the union. If a worker had a problem, I would refer them to an attorney.” He said his approach was: “If I see someone drowning, I’ll help him. I don’t say show me your green card before I will help.”

After his arrest Pereyra-Gabino was suspended and then removed from his union post. The union officials sent him a certified letter informing him that he would not receive union assistance for his legal defense. He has been working in the plant while the appeal of his conviction was pending.

In the appeal, Pereyra-Gabino’s attorney argued that his client’s discussions with union members were protected under the right to free speech under the First Amendment to the U.S. Constitution.

However, the appeals court based its decision on grounds that jury instructions failed to “inform the jury of the essential elements of the offense charged and the government’s burden of proof” and that the government’s case was “not overpowering.”
 
 
Related articles:
Stance on undocumented discussed at N.Y. union rally
 
 
 
Front page (for this issue) | Home | Text-version home