such intermediate points in the United States as the Government shall determine to be proper. The Government shall notify the Employer of the points of recruitment, and the Employer may, if he desires, be represented during the recruiting process. such 2. The Employer shall employ, upon the following terms, agricultural workers if they are transported by the Government to the following destination point (s) not later than 19, the number to be transported to each destination point being as follo s: to - State of__ a. Each worker shall be employed, exclusively as an agricultural worker, for at least seventy-five percent (75%) of the possible workdays (each day in the week except Sunday to be considered a possible workday) between 19., and 19, and for such further time as the Employer and the Government or any of them, may mutually agree, such entire time being hereinafter called the "period of employment.' b. The Employer shall be required to furnish such employment to a worker hereunder only so long as the worker is ready, willing, and able to work under the supervision and direction of the Employer; but shall not require the worker to work on Sundays. C. The Employer shall pay each worker a minimum subsistence allowance of $3.00 per day for each possible workday within said minimum of seventyfive percent (75%) of the possible workdays that he is not so employed; provided, however, that no 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. The amount of such subsistence allowance shall be computed and payment therefor shall be made at the end of each ninety (90) day period, if this contract is for a period in excess of ninety (90) days. d. The Employer shall, subject to reimbursement by the Government fr board and lodging until January 1, 1944, or until the termination of this contract, whichever is the earlier, provide board and lodging for the remaining twenty-five percent (25%) of the period of employment provided in this contract during which the workers may be unemployed when such unemployment is not due to their unwillingness to work, provided that on and after January 1, 1944, the employer will assume this obligation and provide the workers board and lodging without cost to the Government or to the workers. e. A workday shall contain not less than eight (8) hours nor more than twelve (12) hours; provided, however, that to determine the amount of employment under paragraph 2 of this agreement, hours of work less than eight (8) done on any day except Sunday may be added to hours of work less than eight (8) done on any other day except Sunday, and for such purpose each ten (10) hours of work shall be counted as a workday. f. Work shall be paid for in lawful money of the United States Government at the end of each week of work, or at the end of the customary pay-roll period if those periods do not exceed semimonthly intervals, at not less than the prevailing piece work or hourly wage rates within the particular area of employment; provided, however, that the Government reserves the right to remove any worker who does not average $3.00 a working day in any pay period. The prevailing wages shall be determined in such manner as the War Food Administration may direct. g. 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 above-specified point(s) of destination) between said destination point(s) and the place or places at which the workers are to perform their work, and return to said destination point(s). h. No deduction 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 worker's wages below those required by paragraph 2 f of this agreement. i. 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, ten percent (10%) of his wages and of the subsistence allowance provided for by paragraph 2 d, which portion of his wages and subsistence allowance such worker will have assigned to the Government in trust, to be held or controlled and disposed of by the Government under the 9247843 terms of its agreement with the worker. This payment shall be made at the request of the Government to the Wells Fargo Bank and Union Trust Company of San Francisco for the account of the Bank of Mexico, S. A., and in no event more than ten (10) days after the termination of the period of employment of the worker. The employer shall transmit to the Government checks covering the payment, together with pay-roll lists. The Government shall make the official audit and transmit such checks to the bank for deposit. j. The workers shall be entitled to the benefit and protection of all applicable child labor, and other laws and regulations of the Government and of the State or States in which the work is performed, and the Employer shall provide Workmen's Compensation Insurance for all workers employed hereunder during the period of employment. k. The worker 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. 1. The worker 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. m. 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. n. Mexican Nationals 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 transported by the Government from Mexico for employment shall join only with other such workers transported from Mexico, and shall elect their representatives from such workers. o. There shall be no strikes, lock-outs, 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 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. 4. The Government shall transport under this Agreement both single men and families, but if families are transported the Government shall enter into work contracts only with the heads of the families and such other members of the families as are eighteen (18) years of age and over and able and willing to work full time pursuant to the terms of the work contracts and this Agreement. Other members of the families transported may work for the Employer at the prevailing piece or hourly work rate, subject, however, to applicable school and child labor laws. 5. 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. 6. If the Government determines that the Employer has violated any of the terms of 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. 7. All rights, privileges, and powers conferred herein upon the Government shall be exercised in its behalf by the War Food Administrator, or his duly authorized representative. IN WITNESS WHEREOF, the Government and the Employer have executed this agreement as of the date first above written. IMPORTATION OF UNSKILLED LABOR FOR INDUSTRY The CHAIRMAN. The War Manpower Commission recently asked for an appropriation for the importation of unskilled labor for industry and the committee out of precaution provided that none of that fund should be used for the importation of labor for employment in agriculture. Do you have any cooperative arrangement between the War Food Administration and the War Manpower Commission in prospect with respect to importation of foreign workers so there will not be duplication of effort in recruitment for competition in offering different inducements, working conditions, and so forth? Colonel BRUTON. Yes; we do. Recruitment in Mexico, has all been done by us. The War Manpower Commission asked us to recruit railroad labor for them and we are doing it. The CHAIRMAN. Have you held conferences with them on this matter and reached an agreement? Colonel BRUTON. Yes. The CHAIRMAN. So there is no conflict? Colonel BRUTON. There is no conflict. In fact, they have a representative who sits in on the staff conference that I hold twice a week in my office. The CHAIRMAN. And you have been doing the recruiting for them? Colonel BRUTON. Yes; all recruitment of Mexicans has been done by us. The CHAIRMAN. And they are not making any except through you? Colonel BRUTON. That is correct. The CHAIRMAN. Really there is no need for both; why do you need the two services? Colonel BRUTON. As far as recruitment in Mexico is concerned it was agreed that we would do it, so there is only one recruitment service there. The CHAIRMAN. Are they incurring any obligations? Colonel BRUTON. They are paying their portion of the expense. The CHAIRMAN. But both of you are paying for the expense; there is no duplication in effort or cost, you mean? Colonel BRUTON. No. The CHAIRMAN. That same plan is used with respect to other places? DECLARATIONS 11. The Worker shall work from the day following his arrival at the point of destination in the United States until DECLARACIONES 11 El Trabajador iniciará la prestación de sus servicios desde el día siguiente de su llegada al punto de destino en los Estados Unidos hasta 12. The Worker will perform all work required of him with proper application, care and diligence during the term of this agreement under the direction and supervision of the employers but he will not be required to work on Sundays. 13. This agreement may be renewed upon its termination upon the express consent of the Worker and with the knowledge of the Mexican Government. 14. In the event the Patron should desire to utilize the services of a member of the family of the Worker, he may do so only with the full consent of the Worker and of the person whose services are desired, by the execution of a similar agreement in the presence of the Regional Director of the Office of Labor, War Food Administration or his representative and with the previous consent of the appropriate Mexican Consul. 15. Any member of the family under 14 years of age shall have the right to the same schooling as that received by children of other agricultural laborers in the area of employment in which the Worker may be working at any given time. 16. The Worker shall not be required to purchase articles or services for consumption or use by him or his family in any establishment not of his own choice. 17. The Worker will not be subject to discrimination in employment because of race, creed, color or nationality, in accordance with the provisions of Executive Order No. 8802 of the President of the United States, dated June 25, 1941. 18. The Mexican workers will be furnished without cost to them with hygenic lodgings, adequate to the physical conditions of the region of a type used by a common laborer of the region and the medical and sanitary services enjoyed, also without cost to them, will be identical with those furnished to the other agricultural workers in the regions where they may lend their services. 19. The Worker shall enjoy, as regards occupational diseases and accidents, the same guarantees enjoyed by other agricultural workers under the laws of the United States of America. 12 El Trabajador desempeñará e trabajo que se le requiera con la intensidad, cuidado y esmero apropiados, durante el período del contrato bajo la dirección y supervisión del SubEmpleador y no se le obligará a trabajar los domingos. 13 El presente contrato puede ser renovado a su vencimiento, mediante la voluntad expresa del trabajador y con conocimiento del Gobierno Mexicano. 14 En el caso de que el Patrón pretendiera utilizar los servicios de algunos de los familiares del Trabajador, sólo podrá hacerlo mediante el consentimiento expreso de éste y de la persona cuyos servicios sean solicitados, celebrando el contrato respectivo ante el Director Regional de la Office of Labor, War Food Administration o su representante y previa autorización del Cónsul de México que corresponda. 15 Cualquier miembro de la familia menor de 14 años de edad tendrá derecho a recibir la misma instrucción escolar que se imparte a los niños de otros trabajadores agrícolas en la regióm en que el trabajador esté trabajando, en cualquier tiempo dado. 16 El Trabajador no estará obligado a comprar artículos o servicios para su consumo o uso, o el de su familia en ningún establecimiento que no sea de su agrado. 17 El Trabajador no será objeto de discriminación en el trabajo a causa de raza, credo, color, o nacionalidad, de acuerdo con las estipulaciones de la Orden Ejecutiva N° 8802 del Presidente de los Estados Unidos, fechada el 25 de junio de 1941. 18 Los trabajadores mexicanos recibirán habitaciones higiénicas, adecuadas a las condiciones físicas de la región, del tipo de las que usa un trabajadoro común en la misma; y los servicios sanitarios y la atención médica de que disfrutarán, serán idénticos a los que reciban los demás trabajadores agrícolas en las regiones en que presten sus servicios. Todo esto sin costo para ellos 19 El Trabajador gozará, por lo que hace a enfermedades profesionales y accidentes de trabajo, de las mismas garantías que disfrutan los de más trabajadores agrícolas, de acuerdo con la legislación de los Estados Unidos de América 1 DECLARATIONS 20. The Worker designates as his economic dependents those persons whose names and addresses are set forth in the block at the beginning of this contract, whom he designates as the beneficiaries of the sums and indemnities to which he would be entitled under the Law and this agreement. 21. For such time as they are unemployed under a period equal to 75% of the period (exclusive of Sundays) for which the workers have been contracted they shall receive a subsistence allowance at the rate of $3.00 per day. For the remaining 25% of the period for which the workers have been contracted during which the workers may be unemployed, where such unemployment is not due to their unwillingness to work, they shall receive lodging and subsistence, without cost to them. For the purpose of this paragraph, a day upon which the Worker works less than eight hours will not be considered a workday, and the hours worked on such days may be totalled, to determine the period of unemployment, in accordance with the procedure followed for other agricultural workers. 22. In the event there should be an increase in the cost of living in the United States, the terms of the preceding paragraph will be subject to reconsideration, in accordance with the understanding between the Governments of Mexico and the United States. 23. The Worker shall have the right to join with other Mexican laborers admitted under the understanding between the Governments of Mexico and the United States in the election of spokesmen to negotiate with the Patron or employers, such spokesmen to be members of the group electing them. 24. All disputes between the Worker and his employer or employers shall be resolved through mediation, according to procedures established by the Government of the United States for agricultural workers. 25. The Worker represents and warrants that he knows of no reason which would prevent him or his family from leaving or returning to Mexico, or entering or leaving the United States, as contemplated by this agreement. If the Worker or a member of his family shall not be permitted to leave Mexico or enter the United States, the Patron shall, at its expense, return the Worker and his family to their place of origin in Mexico. If after entrance into the United States the Worker or any member of his family becomes subject to DECLARACIONES 20 El Trabajador señala como sus dependientes económicos a las personas cuyos nombres domicilios figuran en cuadro especial al principio de este contrato, a quienes designa como beneficiarios de las indemnizaciones que a aquél le correspondieran por cualesquier conceptos emandos de la Ley y de este contrato. 21 Hasta el 75% del tiempo por el cual hayan sido contratados, exceptuando los domingos, los trabajadores mexicanos recibirán, de parte del empleador, a título de subsistencia, la cantidad de Dls. 3.00 diarios por el período que estén desocupados. Por el 25% restante del tiempo del contrato y durante el cual los trabajadores permanezcan sin trabajo y siempre que esto no se deba a su falta de voluntad, recibirán alojamiento y alimentos sin ningún costo para ellos. Para los efectos de esta cláusula, se considerará como día no trabajado aquel en que el Trabajador labore menos de ocho horas, y las horas trabajadas se computarán, para calcular el período de desempleo, de acuerdo con el procedimiento seguido para los demás trabajadores agrícolas. 22. En caso de que haya aumento del costo de la vida en los Estados Unidos, lo pactado en la cláusula anterior será motivo de reconsideración, de acuerdo con el convenio celebrado entre los Gobiernos de México y los Estados Unidos. 23 El Trabajador tendrá derecho a asociarse con otros trabajadores mexicanos admitidos de conformidad con el acuerdo celebrado entre los Gobiernos de México y los Estados Unidos, para elegir a sus representantes que traten con el Patrón o los sub-empleadores, debiendo ser dichos representantes miembros del grupo que los designa. 24 Todas la disputas entre el Trabajador y subempleador o subempleadores serán resueltas por mediación, según el procedimiento establecido por el Gobierno de los Estados Unidos para los demás trabajadores agrícolas. 25. El Trabajador manifiesta y asegura no tener conocimientos de motivo alguno que pueda impedirle a él o a su familia salir de o regresar a México, o internarse en o salir de los Estados Unidos con arreglo al presente convenio. Si al Trabajador o algún miembro de su familia se le niega la salide México o la entrada en los Estados Unidos, el Patriló procurara que el trabajador y su famnaretornen a su lugar de procedencia en México, a expansas de aquel. Si deis pués de internarse en los Estados Unidos el Trabajador o cualquier miembro dé |