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Virginia

Asparagus
Lima Beans

Snap Beans

Peas

Spinach

Tomatoes

Washington

Asparagus
Snap Beans

Corn

Peas

Spinach

Tomatoes

Apricots

Cherries

Peaches

Pears

J F M A M J J A S O N D

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STATEMENT OF

J. HARDIN PETERSON, SR.

215 East Lime Street

Lakeland, Florida

on behalf of

FLORIDA FRUIT & VEGETABLE ASSOCIATION

FLORIDA CITRUS MUTUAL

FLORIDA CITRUS PRODUCTION MANAGERS ASSOCIATION

In Opposition to Williams' Bill and Similar Legislation
Amending the Fair Labor Standards Act which Remove and
Curtail Certain Seasonal and Agricultural Exemptions

We make this presentation on behalf of Florida Fruit & Vegetable Association, whose members produce more than one-half of all vegetables, fruit and sugar cane in the State of Florida; Florida Citrus Mutual, a non-profit organization representing practically all the citrus growers of Florida and which has a membership of 15, 653; and Florida Citrus Production Managers Association, which represents those engaged in caretaking and management and production of citrus and embraces a great number of those so engaged.

In view of the limited time we will not attempt to analyze the pending bill by sections, but will make a general observation and statement as to how any of these bills which seek to remove or curtail agricultural or seasonal exemptions affect the agricultural and

horticultural interests.

We strenously oppose the removal or curtailment of agricultural or seasonal exemptions. Congress has long recognized the need for

these exemptions and they are vital to agricultural interests.

growing, producing and processing of agricultural crops are

seasonal and while there

Page 1.

The

is unemployment in the nation, there is a shortage of agricultural

workers during the season. Florida has a longer growing season than

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most other states, but Florida also has the problem of sudden freezes

and of replanting crops after the freeze. When the crops mature they have to be harvested or they will be lost in the fields and both the farmer loses and there is that much food lost to the nation. We have freezes that may wipe out crops in various stages of production, including mature crops. However, if some growers did not take the risk of raising crops we would not be able to have fresh fruits and vegetables on the table in the dead of winter.

When crops

are mature and we have a warning of a freeze oftimes every effort is made to harvest and save as much of the crop as possible and the workers will work long hours during this period.. If the crop is frozen there is no work for a short time thereafter, but if the cost

of harvesting is too great the grower cannot afford to save the crop. As stated elsewhere, the repeal of these exemptions will not relieve unemployment because there is a shortage of workers during the season. The unemployment, when it exists, is at other times than during the season. Administrator Metcalf Walling recognized the

difference when he testified before the Senate Committee in 1945

and said:

the need for overtime work is apparent. The
industries subject to severe pressure of seasonal
Locivity in the moving or processing of a crop
fall into this category. In the canning of perish-
able fresh fruits and vegetables, for example, the
entire available labor supply in the areas in which
the establishments are located is frequently util-
ized during seasonal operations. At such time,
employees often must work considerably more than
40 hours in order to prevent the spoilage of food.
If the purpose of Section 7 is to spread employment
through penalized overtime work I wonder whether it
would be appropriate to apply the penalty under
such circumstances.

Hearings before Subcommittee

Page 2.

Senate Committee on Education and Labor on S. 1349

79th Cong., 1st Sess., P. 241.

The same thing was Dorne out when the then Wage and Hour

Administrator McCombe testified in 1948:

"...all the industries which process and handle
agricultural and fish products have a basic simi-
larity. Their primary problem under the Act concerns
the overtime provisions, since they are affected by
seasonal peaks of activity which, to a considerable
degree, are not controllable since they depend upon
the uncertainties of weather and other natural phe-
Moreover, these industries are frequently
located in small towns in rural areas where additional
labor is not readily available." Hearings before
Subcommittee, Senate Committee on Labor and Public
Welfare on S. 49, S. 154, etc., 89 Cong. 2d Sess.,
1948, p. 40.

nomena.

There must be flexibility as to farm labor and flexibility benefits both the employee and the farmer, as well as closely related industries. We believe there is a closer relationship between employer and employee in agriculture and agricultural processing. than in many other industries and ofttimes many members of the same family work for the same employer and there is a sincere desire on the part of the employer to continue to provide employment for them. If the overtime requirements are not too.stringent the employer can help the employee splice jobs and give him some more work, whereas, if the extra work he would give him costs too much the employer would not be justified in giving the employee such work.

At the present time sub-standard workers who can't quite proauce enough to get minimum wages are hired in many instances and paid minimum wages, but if the hours at which he can work before getting overtime are shortened, then the heavy overtime would be such thatwhere the employer could absorb a small amount he could not absorb the larger amount and thus the slow worker would have difficulty in finding employment. Yet, there are many faithful, Page 3.

conscientious workers who could be use if the employer is not. required to pay beyond his earning capacity. We must bear in mind

In many

that a great amount of agricultural work is piece work. instances incentive pay beyond the minimum is paid. Therefore, the greater the bas pay the greater the overtime.

Oftentimes the hours on the job do not represent a true pic

ture of the work performed.

Workers rest between times. Some

workers work hard and try to earn more and others like to take it. easy. Rains interrupt work at times. Farmers cannot control the work hours in advance and spread production over each week of the year and Congress has long recognized this.

of his crops.

It is not profitable to market fruits and vegetables when the cost of harvesting and/or processing gets too high. The farmer cannot add all the labor costs to the price because the market determines the price. So, when the cost of harvesting and processing becomes too great the farmer cannot afford to harvest certain When prices are low and the cost of harvesting and processing is not to much the employer and the employee may still make something off the crop or the employer may make enough to give the employee work for a little longer period, whereas, the extra overtime may be such that it will cost too much to justify the harvesting of this part of the crop. When the price of fresh fruit and vegetables drops to the point where the sales price will not stand the costs of harvesting and/or processing then that portion of the crop rots in the field and the farmer loses what he might have gotten for it, the worker loses what he would have been paid for harvesting and processing, the transportation company loses what it would have been paid for transporting and the Government loses what it would have gotten on the profits and wages earned.

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