subsistence allowance shall be made for workdays in which the worker is unemployed as the result of his refusal to work or his illness or other physical incapacity. c. A workday shall contain not less than eight hours nor more than twelve hours; provided, however, that to determine the amount of employment under paragraph 2 of this agreement, hours of work less than eight done on any day except Sunday may, if the Government consents, be added to hours of work less than eight done on any other day except Sunday, and for such purpose each ten hours of work shall be counted as a workday. d. Work shall be paid for in lawful money of the United States Government at the end of each week of work, at not less than the prevailing wage rates within the particular area of employment; provided, however, that piece work rates, for work to be performed upon that basis, shall be set by the Employer so as to enable the workers, if of average ability, to earn not less than the prevailing hourly wage rate; provided further, that the wage rates for either hourly or piece work shall in no event be less than 30 cents per hour. The prevailing wage rates shall be conclusively determined by the Government. e. The Employer shall pay all costs of transportation of the workers (and the members of their families transported with them by the Government to the abovespecified point of destination) between said destination point and the place or places at which the workers are to perform their work, and return to said destination point.) f. No deductions from wages shall be made for commissions, fees, or any other purpose (except as may be required by law), which shall have the effect of reducing the workers' wages below those required by paragraph 2d of this agreement. g. The Employer shall pay to the Government, in trust for each such worker who has been transported by the Government from Mexico for employment in the United States, twenty percent (20%) of his wages, which portion of his wages each such worker will have assigned to the Government in trust, to be held or controlled and disposed of by the Government under the terms of its agreement with the worker. h. The workers shall be entitled to the benefit and protection of all applicable child labor, compensation, and other laws and regulations of the Government and of the State or States in which the work is performed. i. The workers shall not be required to purchase articles or services for consumption or use by them or their families at any source not of their choice. j. The workers shall be entitled to freedom from discrimination in employment because of race, creed, color, or national origin, in accordance with the provisions of Executive Order No. 8802 of the President of the United States, dated June 25, 1941. k. The Employer shall make available to the workers and their families, without charge, such shelter facilities as are owned by the Employer and are not otherwise occupied within the period of employment. 1. The workers shall have the right to join with other workers in the election of representatives to bargain and negotiate with the Employer; provided, however, that any of the workers who have been imported by the Government from Mexico for employment shall join only with other such workers imported from Mexico, and shall elect their representatives from such workers. m. There shall no strikes, lockouts, or stoppages of work during the period of employment. All disputes between the workers and the Employer shall be determined by mediation according to procedure prescribed by the Government. 3. The Employer shall pay to the Government, to be held and expended by it in trust, subject to the terms of this cooperative agreement, the sum of $5.00 for each such worker transported to the above-named destination point by the Government. Each payment shall be made upon demand by the Government after the arrival of the worker at the specified destination point. The Employer, at the time of the execution of this agreement, shall deposit with the Government as an advance to be applied by it to the payment of said sums, the sum of $_ The Government shall refund to the Employer, as soon as practicable after termination of employment hereunder, such part of the sum so deposited as the Government is not entitled to under this paragraph. 4. The Government shall determine from time to time, and its determination shall be conclusive, whether the Employer has paid all sums to be paid by him hereunder, and shall have the right to pay (as subsistence allowances or otherwise) to the persons it determines to be entitled thereto, all or any part of any such sums which it determines have not been paid, in which case the Employer shall repay to the Government, upon demand by it, all sums so paid, together with interest thereupon at the rate of six percent (6%) per annum from the date or dates of such payments by the Government, to be held and expended by the Government in trust subject to the terms of this cooperative agreement. 5. The sums paid to the Government under paragraphs 3 and 4 above shall be held by it in trust, and used and expended within and for the program (of which this agreement is a part) to provide an adequate supply and distribution of labor to produce, harvest, and process crops essential to the war effort. The Government may pool said sums with other sums so paid to it by employers for said program, and shall not be required to keep separate accounts or records therefor. 6. The Employer shall keep, upon forms to be supplied by the Government, full and complete records of the employment and wages of each worker under this agreement. Such records shall be at all times open to inspection and examination by the Government, which shall be entitled to make copies thereof. The Employer shall also file with the Government such reports concerning said employment and wages as the Government may from time to time require. 7. The Employer shall immediately furnish the Government with a performance bond in the penal sum of $_ in the form and with a surety company approved by the Government, conditioned upon the performance by the Employer of all the terms and undertakings of this agreement and upon the prompt payment by the Employer to the workers and the Government of all sums due to them or any of them hereunder. 8. If the Government determines that the Employer has violated any of the terms or undertakings of this agreement, it may, without waiving any other remedy or course of action, deprive the Employer of the further services of the workers under this agreement. 9. All rights, privileges, and powers conferred herein by the Government shall be exercised in its behalf by the Administrator of the Farm Security Administration, United States Department of Agriculture, or his duly authorized representative. IN WITNESS WHEREOF, the Government and the Employer have executed this agreement as of the date first above written. UNITED STATES OF AMERICA, AGREEMENT ENTERED INTO BETWEEN THE STATE DEPARTMENT AND THE MEXICAN GOVERNMENT CONCERNING THE IMPORTATION OF MEXICAN NATIONALS FOR EMPLOYMENT AS AGRICULTURAL WORKERS In order to effect a satisfactory arrangement whereby Mexican agricultural labor may be made available for use in the United States and at the same time provide means whereby this labor will be adequately protected while out of Mexico, the following general provisions are suggested: (1) It is understood that Mexicans contracting to work in the United States shall not be engaged in any military service. (2) Mexicans entering the United States as a result of this understanding shall not suffer discriminatory acts of any kind in accordance with the Executive Order No. 8802 issued at the White House June 25, 1941. (3) Mexicans entering the United States under this understanding shall enjoy the guaranties of transportation, living expenses, and repatriation established in article 29 of the Mexican labor law. (4) Mexicans entering the United States under this understanding shall not be employed to displace other workers, or for the purpose of reducing rates of pay previously established. In order to implement the application of the general principles mentioned above the following specific clauses are established. (When the word "employer" is used hereinafter it shall be understood to mean the Farm Security Administration of the Department of Agriculture of the United States of America; the word "subemployer" shall mean the owner or operator of the farm or farms in the United States on which the Mexican will be employed; the word "worker" hereinafter used shall refer to the Mexican farm laborer entering the United States under this understanding.) CONTRACTS (a) Contracts will be made between the employer and the worker under the supervision of the Mexican Government. (Contracts must be written in Spanish.) (b) The employer shall enter into a contract with the subemployer, with a view to proper observance of the principles embodied in this understanding. ADMISSION (a) The Mexican health authorities will, at the place whence the worker comes, see that he meets the necessary physical conditions. TRANSPORTATION (a) All transportation and living expenses from the place of origin to destination, and return, as well as expenses incurred in the fulfillment of any requirements of a migratory nature shall be met by the employer. (b) Personal belongings of the workers up to a maximum of 35 kilos per person shall be transported at the expense of the employer. (c) In accord with the intent of article 29 of the Mexican Federal labor law it is expected that the employer will collect all or part of the cost accruing under (a) and (b) of transportation from the subemployer. WAGES AND EMPLOYMENT (a) (1) Wages to be paid to the worker shall be the same as those paid for similar work to other agricultural laborers in the respective regions of destination; but in no case shall this wage be less than 30 cents per hour (United States currency); piece rates shall be so set as to enable the workers of average ability to earn the prevailing wage. (a) (2) On the basis of prior authorization from the Mexican Government salaries lower than those established in the previous clause may be paid those emigrants admitted into the United States as members of the family of the worker under contract and who, when they are in the field, are able also to become agricultural laborers but who, by their condition or age or sex, cannot carry out the average amount of ordinary work. (b) The worker shall be exclusively employed as an agricultural laborer for which he has been engaged; any change from such type of employment shall be made with the express approval of the worker and with the authority of the Mexican Government. (c) There shall be considered illegal any collection by reason of commission or for any other concept demanded of the worker. (d) Work for minors under 14 years shall be strictly prohibited, and they shall have the same schooling opportunities as those enjoyed by children of other agricultural laborers. (e) Workers domiciled in the migratory labor camps or at any other place of employment under this understanding shall be free to obtain articles for their personal consumption, or that of their families, wherever it is most convenient for them. (f) Housing conditions, sanitary, and medical services enjoyed by workers admitted under this understanding shall be identical to those enjoyed by the other agricultural workers in the same localities. (g) Workers admitted under this understanding shall enjoy as regards occupational diseases and accidents the same guaranties enjoyed by other agricultural workers under United States legislation. (h) Groups of workers admitted under this understanding shall elect their own representatives to deal with the employer, but it is understood that all such representatives shall be working members of the group. The Mexican consuls in their respective jurisdiction shall make every effort to extend all possible protection to all these workers on any questions affecting them. (i) For such time as they are unemployed under a period equal to 75 percent of the period (exclusive of Sundays) for which the workers have been contracted they shall receive a subsistence allowance at the rate of $3 per day. For the remaining 25 percent of the period for which the workers have been contracted during which the workers may be unemployed they shall receive subsistence on the same bases that are established for farm laborers in the United States. Should the cost of living rise this will be a matter for reconsideration. The master contracts for workers submitted to the Mexican Government shall contain definite provisions for computation of subsistence and payments under this understanding. (3) The term of the contract shall be made in accordance with the authorities of the respective countries. (k) At the expiration of the contract under this understanding, and if the same is not renewed, the authorities of the United States shall consider illegal, from an immigration point of view, the continued stay of the worker in the territory of the United States, exception made of cases of physical impossibility. SAVINGS FUND (a) The respective agency of the Government of the United States shall be responsible for the safekeeping of the sums contributed by the Mexican workers toward the formation of their rural savings fund, until such sums are transferred to the Mexican Agricultural Credit Bank, which shall assume responsibilities for the deposit, for their safekeeping, and for their application, or, in the absence of these, for their return. (b) The Mexican Government through the Banco de Credito Agricola will take care of the security of the savings of the workers to be used for payment of the agricultural implements, which may be made available to the Banco de Credito Agricola in accordance with exportation permits for shipment to Mexico with the understanding that the Farm Security Administration will recommend priority treatment for such implements. NUMBERS As it is impossible to determine at this time the number of workers who may be needed in the United States for agricultural labor employment, the employer shall advise the Mexican Government from time to time as to the number needed. The Government of Mexico shall determine in each case the number of workers who may leave the country without detriment to its national economy. GENERAL PROVISIONS It is understood that, with reference to the departure from Mexico of Mexican workers, who are not farm laborers, there shall govern in understandings reached by agencies of the respective Governments the same fundamental principles which have been applied here to the departure of farm labor. It is understood that the employers will cooperate with such other agencies of the Government of the United States in carrying this understanding into effect whose authority under the laws of the United States are such as to contribute to the effectuation of the understanding. Either Government shall have the right to renounce this understanding, giving appropriate notification to the other Government 90 days in advance. This understanding may be formalized by an exchange of notes between the Ministry of Foreign Affairs of the Republic of Mexico and the Embassy of the United States of America in Mexico. Mexico City, the 23d of July 1942. (Signed) E. HIDALGO, Acting as representative of the Foreign Office, (Signed) ABRAHAM J. NAVAS, Acting as representative of the Department of Labor and Social Provision, Mexican Commissioners. (Signed) J. M. McGURK, Counselor of the American Embassy in Mexico, (Signed) JOHN O. WALKER, Assistant Administrator, Farm Security Administration (Department of Assistant Director, Office of Agricultural War Relations (Department of Agriculture), (Signed) DAVID MEEKER, American Commissioners. Major WALKER. May I also suggest that we file a copy of the Mexican Agreement for the record, because that has a marked bearing on the whole determination of contracts that have been entered into. The CHAIRMAN. In this connection, may I say it has also been represented that the F. S. A. in order to secure these men, has frequently paid to have them released from jail, in order to transport them to other places for labor. Is that correct? Have you ever paid the cost of releasing a man.from jail? Major WALKER. I have never heard of anything of the kind. MEDICAL EXAMINATIONS OF WORKERS The CHAIRMAN. Are these men given a medical examination before they are sent? You are not transporting diseased men? Major WALKER. Medical examinations were given to all the Mexicans. We have not been able to do so as well for the domestic labor, because we did not have the facilities or sufficient funds. But they all should be examined. That is contemplated. The CHAIRMAN. It has been represented that there was no preliminary medical examination, and that in practically all consignments of labor that have been made up to this time on all projects, men have been delivered to the projects and all of their expenses of recruiting and transportation paid, and when they arrived on the project they were found so diseased that they were disabled for labor purposes and instead of being used for labor, were sent to the hospital. Have you had instances of that sort? Major WALKER. I do not remember any instances. I think it is quite possible that it is true, because we have not had physical examinations on domestic labor. However, it is contemplated to do that under this program. We do examine the Mexicans. The CHAIRMAN. Have you transported domestic labor without medical examination? Major WALKER. Yes, sir. Mr. TOWNSEND. But it is contemplated under this program to have them all given a physical examination before they are moved. SAMPLE WORK AGREEMENT Major WALKER. Shall we also include in the record a copy of the work agreement that the worker has to sign? We have secured extra copies of them if you would like to have them. The CHAIRMAN. We will include that in the record. (The agreement referred to is as follows:) UNITED STATES DEPARTMENT OF AGRICULTURE-FARM SECURITY ADMINISTRATION WORK AGREEMENT (Domestic workers) day of THIS AGREEMENT, made this 19, between the United States of America, hereinafter called the "Government" and of hereinafter called the "Worker." --" State of WITNESSETH: WHEREAS, the Government and the Worker mutually desire that the Worker shall be beneficially employed in the United States of America to alleviate the present shortage of agricultural labor and to aid in the successful prosecution of the war, |