Show A12 — The Herald Journal Logan Utah Sunday April 6 2003 Commission’s lawsuit could threaten its existence YAKIMA Wash (AP) — In an unusual legal strike the Washington Apple Commission has taken itself to court asking k judge pre-empt- ive to uphold its right to collect a fee that state law forces apple growers to pay to promote Washington apples It’s a debate being heard in courts across the country involving a cornucopia of produce including peaches mushrooms and table grapes - livestock producers have pressed similar suits involving hogs and cattle But the suit by the Apple Commission — one of the nation’s oldest commodity commissions — is believed to be the first initiat- ed by a commission itself “It seems a fairly remarkable lawsuit — they sued us” said Brendan Monahan a Yakima lawyer representing three large apple warehouses “The Apple Commission said ‘We’re going to sue everybody in the entire state of Washington —every grower every warehouseman everyone who has to pay an assessment and might want to complain’” The case started small filed comin the Wenatchee-base- d mission’s hometown Superior Court in Chelan County in 2001 The commission hand- picked a pair of Washington apple growers to be defendants in the lawsuit and agreed to pay their legal bills But in the year and a half since the lawsuit was filed the case has moved to federal court and grown revealing a number of schisms within the apple industry A group of seven organic apple growers north-centr- al Monahan’s three Yakima clients — Evans Fruit Washington Fhiit AProduce and Borton & Son — pack and sell more than 10 million boxes of apples a year collecting assessments from several independent growers that are then sent on to the commission They’re sefcldng refunds of all assessments paid for the last three years Lawyers on both sides of the lawsuit will ask US District Judge Edward Shea in Richland to decide the case based on facts and precedent If he doesn’t grant the motions for summary judgment foe case will likely go to trial now scheduled for May The Apple Commission was framed in 1937 to promote the state’s apple industry Washington is the No 1 apple state in foe nation producing 86 million boxes of seain 3 the apples son worth hundreds of millions of dollars But these are not golden ii 42-pou- nd 2002-200- AP Photo Ostenson owner of Pac Organic Fruit in George Wash poses in George The Washington Apple Commission wants a judge to decide if it has a right to collect the fee that growers are forced by law to pay for promotion of Washington apples Ostenson who grows and packs organic apples is opposed to Harold mandatory fees! was allowed to intervene as was the warehouse triumvirate represented by Monahan For organic apple growers the issue is whether the Apple Commission gives organics the short shrift over conventionally grown aipples Harold Ostenson who grows and packs organic apples in George is opposed to mandatory fees But if he has to pay them he would like to see the commission tell consumers why organic apples often cost more — and why organic is worth it Organic apple production is increasing at a rate of about SO percent a year while the market has only grown 20 percent he said “Because of our market conditions and our growth we really need somebody that’s putting us No 1” he said For many operations with appiealing market mixes of apples or big enough operations to pay for marketing the core question is: Why should I underwrite the promotion of my competibrand-specif- ic tors? ference in every grower’s books "Ifwe took the Apple Commission out of the picture we would immediately see retailers promoting the product less inventories moving more slowly and a dropoff in fob prices” he said Sauer believes foe commission-initiated lawsuit was foe least expensive way to get a definitive answer on mandatory grower assessments given two US Supreme Court opinions that seemed to go in opposite directions In 2001 the US Supreme Court found that mushroom producer United Foods of Bells Ibnn should not have to underwrite promotion for its smaller competitors by paying fees to the Mushroom Cramcil for a generic advertising campaign Doing so foe court said violated United Foods’ First Amendment right of free speech Add in Janu- - A job loss is something most people don’t anticipate And yet layoffs are rippling across the country with devastating consequences There are however emotional and practical survival strategies for those faced with a layoff The shock of losing one’s job is worse for some than for others said Mary Doty director of the Counseling Center at Utah State University “People like to think of the world as a safe place” she said “When you lose your job it no longer feels safe People often feel overwhelmed and vulnerable For some people it’s the loss of a job For others it’s Iras of a professional identity or career And losing your job feels very primal because it’s connected to survival Buying food and paying for the roof over your head is about survival” There arc two phases of grieving according to Doty Faced with loss individuals may initially feel numb Then there is a need to feel the loss ‘‘When your world has been shaken up it’s OK to acknowledge This hurts me This is hard” she said “It’s difficult for people who are overly contained to express their emotions but grieving is incomplete without that process” Doty urged individuals to talk to friends or family or to write about their feelings and to realize there "is no quick fix for pain “Grieving has to run its course and one may need to express their feelings repeatedly for a while until it’s time to move on" she said Fellow counselor Mark Nafziger agreed “If people aren’t dealing with the tional aspect they can’t get to the problem-solvin- g aspect” he said Some individuals will react with hostility Doty said It’s not an unusual response to a threat Individuals can get stuck in the anger and it will ’end up hurting them she cautioned “Anger is one of many behavior patterns that can lead to serious depression” Doty said “Anger chemicals running around in your system are toxic but anger can energize you if you use it In a productive way” It’s important to be realistic Doty said “There are pros and cions in every situation” she said “Stay positive Remem-br- a the things you have control over Even in the most difficult times it’s important to laugh to remember what’s really important Reevaluate your goals and priorities” For many people their job is how they see themselves said Doty “It's important to ask where do I go from here? It’s important to maintain elasticity so you can tolerate change “There are many things in life we have control over but there are many things we don’t” she said “It’s our life but we don’t always get a vote “People put energy into trying to fix things they can’t change” Doty said “If there’s a layoff in your office don’t get caught up in feeling victimized and targeted Right now most layoffs are position cuts not people cuts This is not your fault or anyone’s fault This is a consequence of difficult economic times” When people get frightened their brain doesn’t work as productively Doty said They go into panic mode Some S : soft-fru- times fra foe state’s 3400 apple formers many of whom struggle to make a profit against forces beyond their control and foe commission has felt the squeeze Global competition retail consolidation the rising cost of running a form uncertain foreign trade and unpre- dictable weather all have diminished the profit and joy of growing apples There were a couple of years when apples woe left to rot in orchards because it wasn’t worth it to pick them Welcome Sauer the commission’s president under- stands the frustration but contends his organization provides services that make a dif Receive up to a ’ $l£0t Rebate when you purchase a qualifying Dave Lennox Signature Collection Home Comfort System Cool Efficient It pejn to choree a One Lennox Signature" Collection hone comfort lyrtem lake advantage of pmeeeon uvinp totkjr! Quid : Tremonton Heating & Cooling Survival strategies for loss of a job By USU Media Relations the 9th U-- Circuit Court found similariy for some California table grape growers who sell grapes under brand names but were forced to pay fees to the California Ikbte Grape Commis‘ sion for generic advertising But in 1997 the US Supreme Court ruled that the federal government could forra growers and shippers of California peaches plums and nectarines to pyy assessments for an advertising campaign The differences between the 1997 and foe 2001 cases the court said was that the Caliit fornia industry was more heavily regulated and had already given up a lot of freedom to operate individually In Washington the judge will be asked to dedae iffoe state’s apple industry more closely resembles mushrooms or California’s soft fiuit 5rAppeals 5625 Weat 12000 North Tremonton Utah 435-257-34- or 81 Call ua people haven’t put together a resume in IS years and pounding the pavement is tough “Don’t panic” Doty cautioned “There are jobs out there It may take awhile to find the right position Be practical and flexible” She advised individuals to find resources to obtain career counseling or take an interest inventory to upgrade computer and professional skills and to network with people for advice and leads flr— --- — I ar Up to 12 Motel I I Nahtomtte lb Pupate" j J r— wltolterert art Ha Paywaati lari Mate M totoa rt aU lam ptoto i 4 'uptoV$iMRetai8"’""' — -II I 752-113- tolly to aak about! 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