Farm Security Administration reports and miscellaneous documents, 1942-1943

[Procedure Manual. Mexican Farm Labor Transportation Program]

Instructions to Field Supervisors, Farm Labor Transportation Program


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TO: FIELD SUPERVISORS, FARM LABOR TRANSPORTATION PROGRAM
FROM: MYER COHEN, ASSISTANT REGIONAL DIRECTOR, MA
SUBJECT: INSTRUCTIONS

(10/3/42)

I. There shall be established in each area of employment a Field Office under the direction of a Field Supervisor charged with responsibility for:>

  • A. Receiving transported workers at the point of destination.
  • B. Seeing that transportation from the point of destination to housing which has been properly certified is provided by the responsible grower.
  • C. Visiting each grower's camp as soon as possible after arrival of the workers to:
    • 1. See that the workers are properly housed.
    • 2. See that proper arrangements have been made for board.
    • 3. Explain both to the growers and to the workers the working relationships established by means of contracts signed by them respectively with the Farm Security Administration.
  • D. Seeing that the grower understands thoroughly the preparation of the time and earnings reports.
  • E. Seeing that the workers understand the system of time and earnings reports.
  • F. Receiving complaints from growers and/or workers, and attempting wherever possible to mediate informally such matters.
  • G. Reporting to the Assistant Regional Director, MA grievances of any kind whatsoever which cannot be satisfactorily settled at the field level. Matters pertaining particularly to Labor Relations will be brought immediately to the attention of the Labor Relations Advisor by the Assistant Regional Director, MA. These reports should be submitted in duplicate from the field.
  • H. Making the necessary arrangements through the local office of the AWH&MA for such medical care as workers may need other than compensable injuries.
  • I. Obtaining emergency subsistence grants for workers during illness or unemployment if, in the opinion of the Field Supervisor, such need exists.
  • J. Receiving and auditing Time and Earnings Reports.

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  • K. Submitting data on each worker at the conclusion of the employment period indicating the number of days he has been employed, and specifically whether he has been employed (in days) 75% of the period of employment as designated in the contract between the FSA and California Field Crops, Inc.
  • L. Submitting to the Assistant Regional Director, MA a certified statement as to the gross earnings of each individual worker. The listing of workers should include both the name and the address in Mexico.
  • M. Maintaining on the reverse side of the Selection Card for each worker the name and address of the grower employing him for each successive period.
  • N. Reporting by telegram or telephone to the Assistant Regional Director, MA any worker whose whereabouts are unknown to the grower during working hours; and any worker who becomes involved in difficulties with local civil authorities.
  • O. Contacting local police officials to explain the terms of the agreement between the Government of the United States and the Republic of Mexico, under which workers are being brought to the locality, and requesting from these local officials their cooperation in enforcing our obligations under this agreement.

II. In connection with receiving transported workers at the point of destination it is anticipated that the following stops will occur:

  • 1. Two days before the train leaves Mexico City, Frank Brown will wire to San Francisco:
    • A. The date and time of departure of the train from Mexico City.
    • B. The number of workers on the train.
    • C. Confirmation as to the destination points at which workers will be discharged.
    • D. Routing from Mexico City to point of final destination.
    • E. Anticipated time of arrival at first point of destination.
    • F. Names of Transportation Agents accompanying train.
  • 2. The information contained in (1) will be transmitted by the regional office to California Field Crops, Inc., to Field Offices of the FSA, and to the State office of the USES.

  • 3
  • 3. California Field Crops will provide the regional office of FSA and the State office of the USES simultaneously with a complete list showing the number of workers to be assigned to each grower at each point of destination, along with the addresses of the growers.
  • 4. Each Field Office will receive the relevant information on this breakdown from the regional office of FSA.
  • 5. When the train actually leaves Mexico City the regional office will be notified, and this information will be relayed to Field Offices, to California Field Crops, Inc., and to the State office of the USES.
  • 6. California Field Crops, Inc. will make arrangements with growers to have transportation available at the points of destination to receive the workers upon their arrival. Field Supervisors of FSA will render any assistance possible in this connection.
  • 7. The Transportation Supervisor will telegraph the regional office at the time the train leaves the American side of the border, indicating expected time of arrival at first point of destination. This information will be passed on to Field Offices, and to California Field Crops, Inc.
  • 8. California Field Crops, Inc. will dispatch a representative to meet the train either at the border or at Los Angeles, with the information referred to under (3) above. This representative and the FSA Transportation Supervisor will, while the train is still en route, assign the workers individually and by groups to growers.
  • 9. Workers will be assisted in finding the proper growers' truck or bus for transportation to housing accommodations. The local USES representative will verify the assignment of workers to growers.
  • 10. The Transportation Agent who leaves the train at the first point of destination will telephone the Field Supervisor at the next point of destination to inform him as to time train leaves first point of destination.

III. Time and Earnings Reports will be prepared and audited as follows:

  • A. Each grower will prepare a Weekly Work Ticket in its four copies for each transported worker whom he is employing. At the close of each day the grower or his foreman will enter on each worker's Ticket the number of hours that worker was employed that day. Fractions of hours to be
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    counted to the nearest half hour. This entry will be acknowledged by the worker by initialing or the placing of his mark in the column headed "sig." If the worker is employed less than eight hours on any day or does not work any day, the reason will be indicated in the space provided and if the under-employment was because of the worker's inability or unwillingness to work he will initial the ticket after the reason given. At the end of the week or the completion of a field, whichever occurs first, the worker will be advanced wages for the period involved. He will acknowledge receipt of same by signing the Weekly Work Ticket. The grower will also sign the Ticket and the several copies will then be distributed as follows:
    • 1. Original to worker.
    • 2. First carbon to sugar company to be forwarded to FSA Field Office.
    • 3. Second carbon to the sugar company.
    • 4. Third carbon to the grower.
  • B. The local sugar company will post Weekly Work Tickets for individual workers to a Time and Earnings Report for each crew of workers. Upon the completion of a field or block the sugar company will compute the exact earnings of each crew on a tonnage basis, pro rate this by workers on an hourly basis and determine the balance due each worker over and above the advances made to him. The copy of this report will be forwarded to the FSA Field Office and a copy to the grower.
  • C. On the basis of the computations shown on the Time and Earnings Report the grower will pay workers the balance due, make out a final Earnings Report for each worker and get the necessary signatures on same. Copies of this form will then be distributed in the same manner as copies of the Weekly Work Ticket.
  • D. Field Supervisors will be responsible for auditing these various reports as follows:
    • 1. Weekly Work Ticket
      • (a) Verify the total of hours worked
      • (b) Check for initialing or mark under "sig."
      • (c) Check the computation of 10 percent withheld
      • (d) Check board charges against approved maximum
      • (e) Check for signatures

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    • 2. Time and Earnings Report
      • (a) Verify entries from Weekly Work Tickets
      • (b) Verify from growers' weight tickets the tonnage yielded and tonnage credited to the crew
      • (c) Verify acreage if any doubt
      • (d) Verify computation of crew earnings on a tonnage basis
      • (e) Verify pro ration by hours
      • (f) Verify computation of 10 percent withheld
      • (g) Verify the net earnings due each worker
      • (h) Check for inclusion of all crew members' names on report.
    • 3. Final Earnings Report
      • (a) Verify figures transferred from Time and Earnings Report
      • (b) Check for signatures
  • E. Weekly Work Tickets and final Earnings Reports for each worker should be filed in the card pocket provided for records on that worker and the card pockets filed alphabetically in the file box provided. The selection card for each worker should also be filed in the same card pocket. This will provide for each worker at all times the complete history on that worker.
  • F. The accumulated number of days worked should be kept as a running record on the Weekly Work Tickets for each worker, in the blank space immediately below the total number of hours for the week. By maintaining the accumulated number of days worked it will be possible at any time for any particular worker to determine what proportion of his employment period he has worked. Similarly, the accumulated gross earnings of each worker should be kept as a running record on the final Earnings Report for each worker in the blank space immediately below "total earnings." In this way it will be possible at any time to determine how much credit each worker has coming to him under the 10 percent withheld.

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Field Supervisors are charged with responsibility of checking all phases of labor relations within their respective areas. A Labor Relations Check List, Form IX-533, has been prepared and mimeographed for this purpose and to serve as a report to the Management and Labor Divisions of the Regional Office.

Field Supervisors or assistants should visit working crews as often as feasible and at intervals of not to exceed ten days to observe living and working conditions, to check compliance with contract provisions, to become cognizant of all sources of dissatisfaction on the part of workers, to adjust such minor grievances or disputes as can be satisfactorily handled on the ground or with the Area Representative of Field Crops, Inc., and to report to the Regional Office any disputes or grievances which may require negotiations between the FSA and Field Crops, Inc. or administrative action by the Regional Director.

Immediately upon arrival in the respective area, Supervisors should inspect living quarters on ranches where workers are to be assigned to determine whether the quarters are satisfactory; whether cots and pads are available and what arrangements have been made for feeding the crews.

You are to notify the Regional Office immediately of any deficiencies in facilities or any unsatisfactory conditions found in order that remedial steps may be taken before workers arrive. It is particularly important that rates charged for board and the availability of facilities for workers to board themselves be noted and reported promptly.

It is also important that during the first week or ten days after workers have arrived the crews be visited daily, or as frequently as possible, in order that workers and farmers may be afforded maximum assistance during the initial period of adjustment.

Check List Form IX-533 is to be filled out on the occasion of each visit and mailed to the Regional Office at the end of each week; the original copy going to the Assistant Regional Director, MA; 1st copy to the Labor Relations Division 2nd copy to be retained in your office. You are to make any necessary adjustments on the ground where possible and are accordingly authorized to negotiate with growers or their representative or the local representative of Field Crops, Inc. for this purpose, reporting the nature of the problem, your action, and final disposition of the matter to the Regional Office. All disagreements or unsatisfactory conditions which can not be satisfactorily adjusted locally are to be immediately reported in all essential details to the MA and LR Divisions of the Regional Office for further action. Telegraph or telephone should be used when necessity for fast action is indicated.

A representative of the Labor Relations Division will visit the various work areas where transported workers are employed as often as is feasible and will be available for travel to any area where special assistance is needed to iron out difficulties which you can not settle satisfactorily.


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ROUTINE FOR THE SELECTION AND TRANSPORTATION OF MEXICAN AGRICULTURAL WORKERS

UNITED STATES DEPARTMENT OF AGRICULTURE
FARM SECURITY ADMINISTRATION
Regional Instruction 478.3-A
REGION IX
(Section VI)
DISTRIBUTION: REGIONAL OFFICE: Regional Director's Staff: Sec. Chiefs & Adm. Asst. RR; Section Chfs. & Adm. Asst. MA & FLT; Dist. Engineer. OTHER OFFICES: Regional Attorney; Finance Area Office, Denver; Spec. Agent in Charge. FIELD OFFICES: State Directors; Area Spects; Area HM Supvrs; Dist. Supvrs; County Offices (except Utah, Nevada & Hawaii); Farm Labor Supply Centers; Farm Labor Supply Center Mobile Units; MA Projects.
(2-23-43)

VI SUBSISTENCE:

A Type of Grants:

Subsistence grants may be made to a transported Mexican worker while in transit to the area of employment, during the period of employment, or when repatriated to point of origin. These three types of subsistence grants are distinguished in the cost accounting of the Farm Labor Transportation Program and also in the conditions in which they may be authorized. It is the obligation of the FSA to pay all subsistence costs of transporting workers to and from Mexico and between areas of employment in the United States. However, during the period of employment, subsistence grants may be authorized only in special cases where the worker cannot provide for himself from his own earnings. Such circumstances might include long stretches of bad weather, illness, etc.

B Subsistence Standards:

1 From Points of Origin to Area of Employment: Meals will ordinarily be furnished by the railroad through arrangement with the FSA. No grant disbursements should be necessary except for critical contingencies such as medical attention or breakdown of facilities. In such cases, the amount of the grant will be determined by the circumstances.

2 Repatriation to Points of Origin: When a single worker is repatriated, he will receive a cash grant for meals in transit at the rate of $2.00 a day in the United States and $1.00 a day in Mexico. When workers are repatriated in groups by a special railway coach, arrangements will be made with the railroad to furnish meals as far as the border instead of the $2.00 a day grant.

3 During Employment Period:

a During this time, the worker is expected to make his own living in every sense of the word. Subsistence grants will be authorized on the same basis as grants to domestic agricultural workers. They will be authorized by an FSA field employee.

b When a transported Mexican worker applies for an emergency subsistence grant, an examination will be made of his net earnings during the 12 working days immediately preceding. Fifty percent (50%) of his net earnings during the preceding 12 working days will be considered available to the worker for his own support at the rate of $2.00 per day, and no subsistence grant will be made to a worker until this amount has been expended at this rate by the worker for his own support.


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c This standard permits him to send one half of his net earnings to dependents in Mexico continually; and it places on the worker a responsibility to put aside money for an emergency. This obligation should be carefully explained to every group of Mexican workers received. The 50% of not earnings will be calculated as the remainder, after the deduction of the 10% retain, charges for board, and any other legal deductions have been made. Earnings will be determined from the weekly payrolls.

d For workers arriving from Mexico: In any case in which workers arrived at point of destination from Mexico make application for emergency subsistence grants, the period for two weeks preceding their arrival at the point of destination should be regarded as a period of unemployment in the determination of need.

After the worker arriving from Mexico has had twelve working days of employment, the issuance of subsistence shall be based on B-3-b above. Working days are considered as those days, excluding Sundays, on which the worker had either (1) eight hours employment, or (2) ten hours employment based on the addition of hours less than eight in any one day to hours less than eight in any other day or days.

Careful records shall be kept of the name and number of each worker receiving subsistence, together with the name and address of the grower to whom he is assigned. At the end of the contract period, a careful calculation shall be made to determine whether or not the period of unemployment above referred to, plus other periods of unemployment, is greater than 25% of the contract period, in which case the employer shall pay the Farm Security Administration $3.00 a day for each day more than 25% of the work days for which the worker was so unemployed, and the Farm Security Administration will reimburse the worker the additional amount due him representing the difference between the subsistence payment and the $3 guarantee.

C Disbursement Procedure:

1 Authorization: Mexican applicants for subsistence grants should be investigated by an FSA field employee. Upon determining that a subsistence grant is justified, the person making the investigation will authorize a grant in a suitable amount on Form IX-564, "Authorization and Receipt for Individual Grant."

2 Disbursement: The Agent-Cashier will accept the signed authorization as his order to make a disbursement. The Agent-Cashier will have the recipient sign the Form IX-564 receipt, which then becomes a subvoucher in his account. All items except signatures on the receipt form should be typewritten, if possible.

3 Group Grants: When more than two persons are to receive identical grants, particularly when groups of workers are being repatriated, Form IX-563, "Authorization and Receipt for Group Grant", may be used in place of Form IX-564. The names and numbers of the recipients will be listed on the form and the amount typewritten opposite the names. Each recipient will then sign and receive his grant.


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Exhibit A: AUTHORIZATION & RECEIPT FOR INDIVIDUAL GRANT

Form IX-564
(2-23-43)
Regional Instruction 478.3-A
(Section VI)
United States Department of Agriculture
Farm Security Administration
Farm Labor Transportation Program

                       
TYPE OF GRANT  Sub-Voucher _____ 
1. Transportation to Employment _____  Date __________19_____ 
2. Subsistence during Employment Period_____ 
3. Repatriation to Point of Origin _____  Location __________ 
AMOUNT OF GRANT ..... $_____  AUTHORIZATION: An indirect subsistence grant in the amount indicated is hereby authorized to the transported agricultural worker signing below. 
WITNESS TO SIGNATURE BY MARK: 
__________  __________ 
(Signature)  (Signature) 
__________  __________ 
(Title)  (Title) 
ACKNOWLEDGE: Total amount indicated received in cash of __________ Agent-Cashier __________ # _____ 


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Exhibit B: AUTHORIZATION & RECEIPT FOR GROUP GRANT

Form IX-563
(2-23-43)
Regional Instruction 478.3-A
(Section VI)
United States Department of Agriculture
Farm Security Administration
Farm Labor Transportation Program

                       
TYPE OF GRANT  Sub-Voucher # ________ 
1. Transportation to Employment _____  Date __________19____ 
2. Subsistence during Employment Period _____ 
3. Repatriation to Point of Origin _____  Location __________ 
AMOUNT OF GRANT: ..... $_____  AUTHORIZATION: An indirect subsistence grant 
NUMBER OF RECIPIENTS: ..... ______  in the amount indicated is hereby  
TOTAL AMOUNT OF THIS RECEIPT: $_____  authorized to the transported  
agricultural worker signing below. 
__________________
(Signature) 
__________________
(Title) 
ACKNOWLEDGEMENT: We the undersigned hereby
acknowledge the receipt in
cash of the amounts indicated from
________________ Agent-Cashier 

                                                 
NAME OF RECIPIENT  No.  AMOUNT  SIGNATURE  MARK 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
NOTE: For signatures by mark, 
T O T A L S  Recip's  Amt of  witness signs name and address in  
Receipt  signature space. 

Libro a Mano de Direcciones

Por la Programa de la Importacion de Trabajadores

Campesinos de la Administracion de Seguro Agricolo

Propriedad de

RUTH ..._ WILSON, Sec. del Jefe


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PROCEDURE MANUAL — CONTENTS —
FARM LABOR TRANSPORTATION PROGRAM

(Mexican Recruitment Crews)
September 8, 1942

  • 1. Statement of Policy for the Recruitment and Employment of Agricultural Workers in the United States.
    Part I - Domestic Workers
    Part II - Mexican Workers
  • 2. FSA Instruction 478.1, Recruitment and Transportation of Domestic Agricultural Workers, Sections I through VIII and XI. (Sections VI, VII, VIII and XI apply equally to Mexican Workers.)
  • 3. FSA Instruction 478.2, Recruitment and Transportation of Mexican Agricultural Workers, Sections I through V.
  • 4. Recruitment of Mexican Workers (Functions of Recruitment Crews).
  • 5. FSA Instruction 478.3, Cash, Collection and Refunds.
  • 6. FSA Instruction 320.1, Instructions for Agent-Cashiers.
  • 7. FSA Instruction 368.2, Project Development and Operating Costs (Transportation Agents and Administrative Assistant only).
  • 8. FSA Instruction 368.5, Cost Accounting for the Program (Transportation Agents and Administrative Assistant only).
  • 9. Mexican Agreement.
  • 10. Diplomatic Notes Between American Embassy and Mexican Minister of Foreign Affairs, August 4 and 5, 1942.
  • 11. President Avila Camacho's Decree.
  • 12. Employment Agreement Contract (Tentative).
  • 13. Work Agreement - Mexican Workers (Tentative).
  • 14. Work Agreement - Domestic Workers (Tentative).

NOTE: Remove and destroy "Procedure for Compliance, Enforcement and Labor Relations Under the Farm Labor Transportation Program", item 7 in old table of contents dated September 1, 1942


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STATEMENT OF POLICY FOR THE RECRUITMENT AND EMPLOYMENT OF AGRICULTURAL WORKERS IN THE UNITED STATES

PART I. DOMESTIC AGRICULTURAL WORKERS

I. PURPOSE

The War Manpower Commission, on June 22, 1942, issued directives aimed to alleviate urgent agricultural labor shortages. Pursuant thereto the Department of Agriculture was assigned the responsibility for administering a program designed to accomplish this objective. The FSA was designated as the agency within the Department of Agriculture to institute such a program and this statement is intended to set forth the policies to be followed:

To effect satisfactory procedures providing for the transportation and effective utilization of domestic agricultural workers in agricultural employment in the United States on a just and equitable basis, it is deemed essential (a) to define the conditions, procedures and methods of recruitment and placement of domestic agricultural workers, (b) to make provision for their transportation from and return to their place of origin, (c) to establish standards of wages, working conditions, periods of employment, housing conditions and related matters, (d) to provide safeguards insuring adequate protection and fair treatment of domestic agricultural workers and members of their families during the periods of their employment and (e) to establish necessary machinery to effectuate the foregoing objectives.

II. POLICIES AND PRINCIPLES

A. General

    A. General
  • 1. Domestic agricultural workers shall be recruited and shall be transported exclusively for employment as agricultural workers.
  • 2. Domestic agricultural workers recruited pursuant to the aforementioned program, in accordance with the provisions of Executive Order No. 8802, dated June 25, 1941, shall not suffer discriminatory acts of any kind.

B. Recruitment

    B. Recruitment
  • 1. There shall be no recruiting of domestic agricultural workers for agricultural employment beyond the local area within which such workers then are or ordinarily are employed unless such workers are not required for essential activities within such local area and unless a specific need for their employment beyond such local area has previously been certified to exist by the USES and there shall be no recruiting of domestic agricultural workers for such employment beyond the number certified by the USES to be needed in the area for employment.
  • 2. Certification by the USES shall be based upon determinations:

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    • a. That a valid and bona fide application for agricultural workers has been made by responsible potential employers of agricultural workers;
    • b. That the supply of domestic agricultural workers available in the particular area of employment or capable of recruitment by the independent efforts of such potential employers, both in accordance with the standards described in subparagraphs c and e hereof, is inadequate to satisfy their need and that efforts to recruit such workers have proven futile;
    • c. That such potential employers have agreed to meet the standards of wages, working conditions, periods of employment, housing conditions and related requirements prescribed by the FSA and contained in agreements between the FSA and employers covering the employment of domestic agricultural workers;
    • d. That adequate housing, health and sanitary facilities, within the limitations of existing conditions, are certified by the FSA to be available;
    • e. That such potential employers have agreed and have indicated an ability to meet the obligations for transportation and other monetary guarantees required by the FSA; and
    • f. That the crops, for the production, harvesting or marketing of which such domestic agricultural workers are requested, are of importance to the war effort.
  • 3. Domestic agricultural workers shall not be transported into a particular area of employment if the effect thereof will lead to the displacement of domestic agricultural workers within such local area, to the impairment of opportunities for agricultural employment of domestic agricultural workers resident within such area or to the reduction or depression of wages for agricultural workers within such area.
  • 4. Domestic agricultural workers shall be recruited, within the local area within which they are resident, for transportation into a particular area of employment by the USES with the cooperation and assistance of the FSA.

C. Transportation

    C. Transportation
  • 1. Domestic agricultural workers and members of their families shall be transported from points of origin within the local areas in which they reside to original points of destination within the particular area of employment and from such points of destination to intermediate points of destination with in such or other particular areas of employment and return to their points of origin by facilities duly licensed to transport passengers.

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  • 2. Costs of transportation of domestic agricultural workers and members of their families from points of origin to points of destination and from such points of destination to intermediate points of destination and return to points of origin and all subsistence, medical and other necessary services and facilities provided while en route shall be paid for by the FSA.
  • 3. Personal belongings of domestic agricultural workers and members of their families to a maximum of 75 pounds per person shall be transported at the cost of the FSA.
  • 4. Costs of transportation of domestic agricultural workers, and of members of their families if the transportation thereof should be necessary, from original or intermediate points of destination within a particular area of employment to actual place of employment upon agricultural lands and return to such original or intermediate points of destination shall be paid for by the employers of such domestic agricultural workers.

D. Wages and Conditions of Employment

    D. Wages and Conditions of Employment
  • 1. Domestic agricultural workers shall be paid at the prevailing wage rates within the particular area of employment, provided that in no event shall the prevailing wage rates be less than 30 cents per hour and provided, further, that piece work rates shall be so set as to enable the worker of average ability to earn not less than the prevailing wage.
  • 2. Prevailing wage rates shall be established pursuant to evidence adduced at hearings held by, or submitted by interested parties to, wage boards appointed for such purpose by the Secretary of Agriculture and and composed of two representatives of the Department of Labor, a representative of the War Manpower Commission and two representatives of the Department of Agriculture.
  • 3. No deduction shall be made for commissions, fees or for any other charges, (but not excluding such deductions as may be required by law) which shall have the effect, directly or indirectly, of reducing the wages received by domestic agricultural workers below those provided for in paragraph 1 above.
  • 4. No minor shall be employed, except in compliance with and as permitted by federal and state laws and policies, and no children under 16 years of age shall be transported except as members of families of domestic agricultural workers.
  • 5. Housing, sanitary and medical facilities provided domestic agricultural workers and members of their families shall meet reasonable minimum standards and such additional requirements as may be imposed by the FSA.

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  • 6. Domestic agricultural workers shall not be required to purchase articles or services for consumption or use by them or members of their families at any source not of their own choosing.
  • 7. Domestic agricultural workers transported into particular areas of employment shall enjoy the rights and privileges, with reference to occupational diseases and accidents, as are afforded under federal and state statutes.
  • 8. The FSA, in cooperation with appropriate federal and state agencies, shall make all necessary provisions for insuring continuous compliance by employers of domestic agricultural workers transported under this program with wage provisions, working conditions, housing, sanitary and other living standards, transportation requirements and all other provisions of employment contracts entered into by such employers and shall provide the necessary machinery for satisfying grievances and resolving disputes.
  • 9. The FSA will enter into agreements with domestic agricultural workers transported under this program which will guarantee employment or, in the absence of employment, the making of a minimum subsistence payment of $3.00 per day, for 75 percent of the work days (Sunday is not a work day) during the period of employment specified in the agreement between the FSA and domestic agricultural workers, provided that the amount of such subsistence payment, if any, as is required to be made under such agreement shall be computed and the payment thereof shall be made at the end of the period of employment; and such agreements will provide, in addition, in the event of need, for the furnishing of subsistence and shelter during the periods of unemployment within the period of employment specified in the agreement between the FSA and a domestic agricultural worker.
  • 10. The agreements entered into by the FSA with domestic agricultural workers transported into particular areas of employment and with employers of such domestic agricultural workers will contain such provisions as, in the opinion of the FSA, may be necessary to effectuate the objectives of the program.

E. Publicity

    E. Publicity
  • 1. The FSA will, together with the USES and appropriate federal agencies give widespread publicity to its program for the transportation of domestic agricultural workers by newspaper statements, radio announcements, and other means.

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PART II. MEXICAN WORKERS

I. PURPOSE

Pursuant to directives issued by the War Manpower Commission on June 22, 1942, the Department of Agriculture, through the FSA, has instituted a program for the transportation of domestic agricultural workers from local areas within which they reside to particular areas of employment. The Department of Agriculture, through the FSA, is also instituting a supplementary program in no way superseding the portion of the program relative to the transportation of domestic agricultural workers, for the recruitment and employment within the United States of Mexican workers. The statement of policy and procedures hereinafter outlined are limited in their application to Mexican workers admitted to the United States for employment as agricultural workers, pursuant to the understanding arrived at by the Mexican and United States Governments and only after the USES has certified that domestic labor is not available.

To effect satisfactory procedures providing for the transportation and effective utilization of Mexican workers in agricultural employment in the United States on a just and equitable basis, it is deemed essential (a) to define the conditions, procedures and methods of recruitment and placement of Mexican workers; (b) to make provision for their transportation to the United States and return to Mexico and to control their movement within the United States; (c) to establish standards of wages, working conditions, periods of employment, housing conditions and related matters; (d) to provide safeguards insuring adequate protection and fair treatment of Mexican workers and members of their families while within the United States; (e) to establish necessary machinery to effectuate the foregoing objectives.

II. POLICIES AND PRINCIPLES
  • A. General
    • 1. The Mexican and United States Governments understand, with respect to the importation into the United States of Mexican workers for agricultural work that:
      • (a) Mexican workers shall not be subject to the Selective Service Act or to any military service;
      • (b) Mexican workers entering the United States, in accordance with the provisions of Executive Order No. 8802, dated June 25, 1941, shall not suffer discriminatory acts of any kind;
      • (c) Mexican workers entering the United States shall enjoy the guarantees provided in Article 29 of the Mexican Labor Law;

    • 6
    • 2. Mexican workers shall be admitted into the United States, pursuant to the aforementioned understanding, exclusively for employment as agricultural workers and the agreement between the FSA and each individual Mexican worker shall specifically provide that such worker may be employed within the United States solely in agricultural work during the period such worker remains within the United States.
  • B. Recruitment
    • 1. There shall be no recruiting of Mexican workers for agricultural employment within the United States unless specific need for their employment has previously been certified to exist by the USES as provided in subparagraph 2 hereof and there shall be no recruiting of Mexican workers beyond the number certified by the USES to be needed.
    • 2. Certification by the USES shall be based upon determinations:
      • (a) that a valid and bona fide application for workers has been made by responsible potential employers of agricultural workers;
      • (b) that the supply of domestic agricultural workers available in the particular area of employment or capable of recruitment from without such area by the USES under the program outlined in Part I hereof is inadequate to satisfy the need and that efforts to recruit such domestic workers have proven futile;
      • (c) that such potential employers have agreed to meet the standards of wages, working conditions, periods of employment, housing conditions and related requirements stipulated in the understanding between the Mexican and the United States Governments and contained, pursuant to the provisions herein-below set forth, in the agreements between the FSA and employers covering the employment of agricultural workers;
      • (d) that adequate housing, health and sanitary facilities, within the limitation of existing conditions, for the Mexican workers are certified by the FSA to be available;
      • (e) that such potential employers have agreed and have indicated an ability to meet the obligations for transportation and other monetary guarantees required by the FSA; and,
      • (f) that the crops, for the production, harvesting or marketing of which the Mexican workers are requested, are of importance to the war effort.
    • 3. Mexican workers shall not be permitted to enter the United States for agricultural employment if the effect thereof will
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      lead to the displacement of domestic agricultural workers, to the impairment of opportunities for agricultural employment of domestic agricultural workers or to the reduction or depression of wages for domestic agricultural workers.
    • 4. Mexican workers shall be recruited in Mexico by the FSA, with the cooperation and the assistance of the USES, and in accordance with such limitations as may be imposed by the Mexican Government pursuant to the aforesaid understanding.
  • C. Transportation
    • 1. Mexican workers and members of their families shall be transported from points of origin in Mexico to original points of destination within the United States and from such points of destination to intermediate points of destination and return to their points of origin in Mexico by facilities duly licensed to transport passengers.
    • 2. Costs of transportation of Mexican workers and members of their families from points of origin to points of destination within the United States and from such points of destination to intermediate points of destination and return to Mexico and all subsistence, medical and other necessary services and facilities while en route shall be paid for by the FSA.
    • 3. Personal belongings of Mexican workers and of members of their families to a maximum of 35 kilos (77 lbs.) per person shall be transported at the cost of the FSA.
    • 4. Costs of transportation of Mexican workers, and of members of their families, if the transportation thereof should be necessary, from original or intermediate points of destination within the United States to actual place of employment upon agricultural lands and return to such original or intermediate points of destination shall be paid for by the employers of the Mexican workers.
  • D. Wages and Conditions of Employment
    • 1. Mexican workers shall be paid at the prevailing wage rates within the particular area of employment, provided that in no event shall the prevailing wage rates be less than 30 cents per hour and provided, further, that piece work rates shall be so set as to enable a worker of average ability to earn not less than the prevailing wage.
    • 2. The prevailing wage rates shall be those wage rates established for domestic workers by the Department of Agriculture pursuant to the procedure provided for under Part I hereof.

  • 8
  • 3. No deductions shall be made for commissions, fees or for any other charges (but not excluding such deductions as may be required by law) which shall have the effect, directly or indirectly, of reducing the wages received by Mexican workers below those provided for in paragraph 1 above.
  • 4. No minor shall be employed, except in compliance with and as permitted by Federal and State laws and policies, and in no event shall any minor under 14 years of age be employed nor any children under 16 years of age be transported except as members of families of Mexican workers.
  • 5. Housing, sanitary and medical facilities and services provided Mexican workers shall meet reasonable minimum standards and such additional requirements as may be imposed by FSA.
  • 6. Mexican workers shall not be required to purchase articles or services for consumption or use by them or members of their families at any source not of their own choosing.
  • 7. Mexican workers shall enjoy the same rights and privileges, insofar as occupational diseases and accidents are concerned, as are afforded domestic agricultural workers under Federal and State statutes.
  • 8. Each group of Mexican workers shall elect their own representatives to deal with employers of agricultural labor provided that all such representatives shall be working members of the group.
  • 9. The FSA, in cooperation with appropriate Federal and State agencies, shall make all necessary provisions for insuring continuous compliance by employers of Mexican workers with wage provisions, working conditions, housing, sanitary and other living standards, transportation and all other provisions of employment contracts entered into by such employers and shall provide the necessary machinery for satisfying grievances and resolving disputes.
  • 10. The FSA will enter into agreements with Mexican workers transported under this program which will guarantee employment, or, in the absence of employment, the making of a minimum subsistence payment of $3.00 per day, for 75 percent of the work days (Sunday is not a work day) during the period of employment specified in the agreement between the FSA and Mexican workers, provided that the amount of such subsistence payment, if any, as is required to be made under such agreement shall be computed and the payment thereof shall be made at the end of the period of employment; and such agreements will provide, in addition, in the event of need, for the furnishing of subsistence and shelter during the periods of unemployment within the period of employment specified in the agreement between the FSA and a Mexican worker.

  • 9
  • 11. The agreements entered into by the FSA with Mexican workers and with employers of such Mexican workers will contain such provisions as, in the opinion of the FSA, may be necessary to effectuate the objectives of the program.

1

RECRUITMENT AND TRANSPORTATION OF DOMESTIC AGRICULTURAL WORKERS

FSA Instruction 478.1

I PURPOSE:

To make provision for an adequate supply and distribution of agricultural workers for the production and harvesting of agricultural crops essential to the war effort, the FSA, and the United States Employment Service have undertaken a joint program to recruit and transport domestic agricultural workers from areas of labor supply and place them in areas of urgent labor shortage.

II POLICIES:

A Recruitment.

    A Recruitment.
  • 1 Domestic agricultural workers shall be recruited by the USES with the cooperation and assistance of the FSA, and shall be transported exclusively for employment as agricultural workers.
  • 2 There will be no recruiting of less than 100 workers for any particular employer or group of employers or for any work period comprising less than 30 days, and there will be no recruiting of workers for transportation from any point within 200 miles from the place of employment.
  • 3 There shall be no recruiting of domestic agricultural workers for agricultural employment beyond the local area within which such workers then are or ordinarily are employed unless such workers are not required for essential activities within such local area and unless a specific need for their employment beyond such local area has previously been certified to exist by the USES and there shall be no recruiting of domestic agricultural workers for such employment beyond the number certified by the USES to be needed in the area for employment.
  • 4 Certification by the USES shall be based upon determinations that:
    • a A valid and bona fide application for agricultural workers has been made by responsible potential employers of agricultural workers;
    • b The supply of domestic agricultural workers available in the particular area of employment or capable of recruitment by the independent efforts of such potential employers, both in accordance with the standards described in subparagraphs c and e hereof, is inadequate to satisfy their need and that efforts to recruit such workers have proven futile;

  • 2-rev.
  • [Note to reader: Section II(B), parts 1-3 are missing from folder.]4 Costs of transportation of domestic agricultural workers, and of members of their families if the transportation thereof should be necessary, from original or intermediate points of destination within a particular area of employment to actual place of employment upon agricultural lands and return to such original or intermediate points of destination shall be paid for by the employers of such domestic agricultural workers.
  • 5 Employers will be required to pay to the FSA the sum of $5 per worker for each worker transported by the FSA irrespective of the distance such worker may be transported. No charge will be made for the transportation of any member of the worker's family who is not a worker. (Rev. 9-10-42)

C Wages and Conditions of Employment.

    C Wages and Conditions of Employment.
  • 1 Domestic agricultural 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.
  • 2 Domestic agricultural workers shall be paid at not less than the prevailing wage rates within the particular area of employment, provided that in no event shall the wage rates paid be less than 30 cents per hour and provided, further, that piece work rates shall be so set as to enable the worker of average ability to earn not less than the prevailing hourly wage. (Rev. 9-10-42)
  • 3 Prevailing wage rates shall be established pursuant to evidence adduced at hearings held by, or submitted by interested parties to, wage boards appointed for such purpose by the Secretary of Agriculture and composed of one representative of the United States Employment Service, a representative of the War Manpower Commission and two representatives of the Department of Agriculture.
  • 4 No deduction shall be made for commissions, fees or for any other charges, (but not excluding such deductions as may be required by law) which shall have the effect, directly or indirectly, of reducing the wages received by domestic agricultural workers below those provided for in paragraph II C 2 above.
  • 5 No minor shall be employed, except in compliance with and as permitted by federal and state laws and policies, and no children under 16 years of age shall be transported except as members of families of domestic agricultural workers.
  • 6 Housing, sanitary and medical facilities provided domestic agricultural workers and members of their families shall meet reasonable minimum standards and such additional requirements as may be imposed by the FSA.

  • [2-rev. verso]
  • 7 Domestic agricultural workers shall not be required to purchase articles or services for consumption or use by them or members of their families at any source not of their own choosing.
  • 8 Domestic agricultural workers transported into particular areas of employment shall enjoy the rights and privileges, with reference to occupational diseases and accidents, as are afforded under federal and state statutes.
  • 9 The FSA, in cooperation with appropriate federal and state agencies, shall make all necessary provisions for insuring continuous compliance by employers of domestic agricultural workers transported under this program with wage provisions, working conditions, housing, sanitary and other living standards, transportation requirements and all other provisions of employment contracts entered into by such employers and shall provide the necessary machinery for satisfying grievances and resolving disputes.
  • 10 The FSA will enter into agreements with domestic agricultural workers transported under this program which will guarantee employment or, in the absence of employment, the making of a minimum subsistence payment of $3.00 per day, for 75 percent of the work days (Sunday is not a work day) during the period of employment specified in the agreement between the FSA and a domestic agricultural worker, provided that the amount of such subsistence payment, if any, as is required to be made under such agreement shall be computed and the payment thereof shall be made at the end of the period of employment; and such agreements will provide, in addition, in the event of need, for the furnishing of subsistence and shelter during the periods of unemployment within the period of employment specified in the agreement between the FSA and a domestic agricultural worker.
  • 11 For the purpose of determining compliance under the preceding paragraph, a work day shall contain not less than eight hours nor more than twelve hours; provided, however, that for the purpose of determining whether any minimum subsistence payments are to be made, the Government may, in its discretion, add hours of work done less than eight done on any day except Sunday, and for such purpose each ten hours of work shall be counted as a work day. (Rev. 9-10-42)
  • 12 The agreements entered into by the FSA with domestic agricultural workers transported into particular areas of employment and with employers of such domestic agricultural workers will contain such provisions as, in the opinion of the FSA, may be necessary to effectuate the objectives of the program.
  • 13 The workers are not employees of the United States Government and are not entitled to the benefits of the United States Employees' Compensation Act of September 7, 1916 as amended. (Added 9-10-42)

B (cont.)


    2
    B (cont.)
  • [Note to reader: Section II(B), parts 1-3 are missing from folder.]4 Costs of transportation of domestic agricultural workers, and of members of their families if the transportation thereof should be necessary, from original or intermediate points of destination within a particular area of employment to actual place of employment upon agricultural lands and return to such original or intermediate points of destination shall be paid for by the employers of such domestic agricultural workers.
  • 5 Employers will be required to pay to the FSA the sum of $5 per worker for each worker transported by the FSA irrespective of the distance such worker may be transported. No charge will be made for the transportation of any member of the worker's family who is not a worker.

C Wages and Conditions of Employment.

    C Wages and Conditions of Employment.
  • 1 Domestic agricultural 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.
  • 2 Domestic agricultural workers shall be paid at the prevailing wage rates within the particular area of employment, provided that in no event shall the prevailing wage rates be less than 30 cents per hour and provided, further, that piece work rates shall be so set as to enable the worker of average ability to earn not less than the prevailing wage.
  • 3 Prevailing wage rates shall be established pursuant to evidence adduced at hearings held by, or submitted by interested parties to, wage boards appointed for such purpose by the Secretary of Agriculture and composed of one representative of the United States Employment Service, a representative of the War Manpower Commission and two representatives of the Department of Agriculture.
  • 4 No deduction shall be made for commissions, fees or for any other charges, (but not excluding such deductions as may be required by law) which shall have the effect, directly or indirectly, of reducing the wages received by domestic agricultural workers below those provided for in paragraph II C 2 above.
  • 5 No minor shall be employed, except in compliance with and as permitted by federal and state laws and policies, and no children under 16 years of age shall be transported except as members of families of domestic agricultural workers.
  • 6 Housing, sanitary and medical facilities provided domestic agricultural workers and members of their families shall meet reasonable minimum standards and such additional requirements as may be imposed by the FSA.

  • [2 verso]
  • 7 Domestic agricultural workers shall not be required to purchase articles or services for consumption or use by them or members of their families at any source not of their own choosing.
  • 8 Domestic agricultural workers transported into particular areas of employment shall enjoy the rights and privileges, with reference to occupational diseases and accidents, as are afforded under federal and state statutes.
  • 9 The FSA, in cooperation with appropriate federal and state agencies, shall make all necessary provisions for insuring continuous compliance by employers of domestic agricultural workers transported under this program with wage provisions, working conditions, housing, sanitary and other living standards, transportation requirements and all other provisions of employment contracts entered into by such employers and shall provide the necessary machinery for satisfying grievances and resolving disputes.
  • 10 The FSA will enter into agreements with domestic agricultural workers transported under this program which will guarantee employment or, in the absence of employment, the making of a minimum subsistence payment of $3.00 per day, for 75 percent of the work days (Sunday is not a work day) during the period of employment specified in the agreement between the FSA and a domestic agricultural worker, provided that the amount of such subsistence payment, if any, as is required to be made under such agreement shall be computed and the payment thereof shall be made at the end of the period of employment; and such agreements will provide, in addition, in the event of need, for the furnishing of subsistence and shelter during the periods of unemployment within the period of employment specified in the agreement between the FSA and a domestic agricultural worker.
  • 11 For the purpose of determining compliance under the preceding paragraph, a work day shall contain not less than eight hours nor more than twelve hours; provided, however, that for the purpose of determining whether any minimum subsistence payment of $3 per day is to be made, the Government may, in its discretion, add hours of work done on any day less than a work day (as above defined) to hours of work done on other days (other than Sunday) not constituting work days and for such purposes each ten hours of work shall be counted as a work day.
  • 12 The agreements entered into by the FSA with domestic agricultural workers transported into particular areas of employment and with employers of such domestic agricultural workers will contain such provisions as, in the opinion of the FSA, may be necessary to effectuate the objectives of the program.

3

III DIVISION OF RESPONSIBILITIES AMONG GOVERNMENT AGENCIES

A The FSA will be responsible for:

    A The FSA will be responsible for:
  • 1 Advising growers, farmers and other employers of agricultural workers, and all other interested persons of the program for the recruitment and transportation of domestic agricultural workers;
  • 2 Determining the adequacy of housing facilities in areas of employment into which domestic agricultural workers are to be transported;
  • 3 Assembling data with reference to prevailing wage rates for submission to wage boards;
  • 4 Approving (upon certification by USES) requests for the transportation of domestic agricultural workers into areas of employment;
  • 5 Entering into work agreements for specified periods of employment with recruited domestic agricultural workers and into cooperative employment agreements with employers of recruited agricultural workers;
  • 6 Arranging for transportation of recruited agricultural workers, members of their families, and personal belongings from points of origin within areas of recruitment to areas of employment and return to points of origin, and providing subsistence, medical care and other facilities and services while enroute;
  • 7 Providing migratory labor camps and other FSA housing facilities for recruited agricultural workers to the extent available;
  • 8 Providing subsistence and medical care to recruited agricultural workers during periods of unemployment when need therefor exists;
  • 9 Insuring compliance and enforcement of cooperative employment agreements, and providing machinery for satisfying grievances and resolving disputes;
  • 10 Guaranteeing employment or payments in lieu thereof for 75 percent of the work days during specified periods of employment;
  • 11 Providing general supervision of the entire recruitment and transportation program.

B The United States Employment Service will be responsible for:

    B The United States Employment Service will be responsible for:
  • 1 Assisting the FSA in advising growers, farmers and other employers of agricultural workers, and all other interested persons of the program for the recruitment and transportation of domestic agricultural workers;

  • [3 verso]
  • 2 Receiving requests for agricultural workers from potential employers;
  • 3 Determining the availability of domestic agricultural workers in the area of employment;
  • 4 Certifying as to the need of transporting agricultural workers from areas of recruitment to alleviate agricultural labor shortages in a particular area of employment;
  • 5 Determining the willingness of potential employers making application for agricultural workers to meet and satisfy the requirements of the recruitment and transportation program;
  • 6 Determining the availability of the required number of domestic agricultural workers in areas beyond the area of employment;
  • 7 Recruiting domestic agricultural workers to fill approved applications and arranging for their assembly at centers within areas of recruitment;
  • 8 Receiving the recruited agricultural workers at the point of destination and assigning them to the employers.

C The Office of Defense Transportation will be responsible for:

    C The Office of Defense Transportation will be responsible for:
  • 1 Assisting the FSA in negotiating for rates for transportation of recruited agricultural workers;
  • 2 Assisting the FSA in obtaining necessary facilities for transportation of recruited agricultural workers.

D State and County War Boards will be responsible for:

    D State and County War Boards will be responsible for:
  • 1 Assisting the FSA in advising growers, farmers and other employers of agricultural workers, and all other interested persons of the program for the recruitment and transportation of domestic agricultural workers;
  • 2 Making arrangements for holding and giving public notice of wage board hearings to determine prevailing wages;
  • 3 Supplying data concerning prevailing wage rates and making recommendations to wage boards as to specific area or areas for which prevailing wage rates are to be determined;

  • 4
  • 4 Assisting the FSA in securing compliance with and enforcement of both work and cooperative employment agreements entered into by the FSA with recruited agricultural workers and employers.

IV FUNCTIONAL ORGANIZATION AND RESPONSIBILITIES WITHIN THE FSA:

A Management Functions.

1 The recruitment and transportation program will be conducted largely on a non-regionalized basis with the Management Division, Washington, D. C., responsible for its operation. The Director of the Management Division, or his designee, will be responsible for supervising, coordinating and rendering technical advice upon all phases of the program. All responsibility for transportation of workers and members of their family will rest with the Director of the Management Division, or his designee, and be performed by field staffs especially appointed for such purpose. The regional offices will, however, be responsible for certification as to the adequacy of housing, sanitary and health facilities, for the assembling of data with reference to prevailing wage rates and for the supervision of all relationships (other than auditing payrolls and wage payments), between employers and workers after their arrival at points of destination and assignment to employers and until their departure from such original points of destination for transportation to intermediate points of destination or return to points of origin.

2 For purposes of operation, areas will be designated as areas of employment and areas of recruitment. Field staffs, or more properly, transportation crows, will be assigned by the Management Division, Washington, D. C., as needed to these areas to perform necessary duties in connection with the program. In general, each transportation crew will consist of one Transportation supervisor, one Transportation assistant (Finance), and one or more other Transportation assistants with such supplemental clerical assistance as may be required. All transportation crew personnel will be responsible to the Chief, Migratory Labor section, Washington, D. C., will be moved from area to area at his direction and will keep such records and make such reports as may be required by him. One, probably the Transportation assistant (Finance), or more members of a transportation crew in the area of employment will be assigned to remain with the group of recruited workers to check payrolls and wage payments, make collections, if any, from the employer, assist in processing vouchers, provide subsistence and subsistence payments in lieu of employment and make all necessary financial arrangements preliminary to assembly and transportation of the workers from the original point of destination within the area of employment to intermediate points of destination or return to point of origin.


[4 verso]

V GENERAL ROUTINE:

The following is a summary statement of the chronological sequence of the steps to be taken from the receipt of an application or request for agricultural workers to their return to the place of origin. Some of the steps hereinafter set forth, which in the narration may appear to be successive in point of time, can and will be taken simultaneously. It is anticipated that each agency will attempt to complete its portion of the work as rapidly as possible and, except for the making of final commitments, without regard to whether subsequent steps have or have not been taken by other agencies. Moreover, in some instances, it may be that the actual taking of some of the steps may be avoided because of work already done or information already obtained by a particular agency.

A A request from an employer for agricultural workers will be received by a local employment office of the USES. That office, hereinafter called the "order-holding office", will proceed to attempt to fill such requests by exhausting all sources of supply within a radius of two hundred miles of the area of employment. If it appears that it will be necessary to transport agricultural workers in order to fill the request, the order-holding office will determine whether the employer wishes that agricultural workers be recruited and transported and whether the conditions and requirements of the recruitment and transportation program will be satisfied. (This should be done at the time the original request is received and while attempts to recruit locally are being made.) The order-holding office, USES, will notify the Regional Director, FSA, of the number of workers needed, the period of employment, the area of employment, the probable wage rates, the housing facilities indicated by the employer to be made available by him, the crops for the production or harvesting of which the workers are needed, and all other pertinent data. The order-holding office will, at the same time, advise the USES State and Regional Offices of the probable labor shortage so that such offices may attempt to locate available labor supplies and determine upon areas of recruitment.

B Immediately upon receiving such notice from the order-holding office, USES, the Regional Director, FSA, will direct the regional LR specialist to make an inspection of the housing, sanitation and health facilities indicated by the employer to be made available by him and other housing, sanitary and health facilities in the area of employment. The Regional Director will also request the Administrator, Washington, D. C., to request the Secretary of Agriculture to appoint a wage board for the purpose of holding hearings concerning prevailing wages and will request the regional LR specialist to assemble data concerning prevailing wage rates for submission to the wage board. The regional LR specialist, with the assistance of the regional Chief, Migratory Labor Camp section, and the regional representative of the Office of the Engineer, will make an inspection of the housing, sanitary and health facilities in the area of employment and report to the Regional Director his determination as to the adequacy of such facilities. The regional LR specialist will also assemble data as to prevailing wage rates.


5

C The Secretary of Agriculture will appoint the wage board. Upon being advised of the appointment of the wage board, the Regional Director will request the State USDA War board to fix the time and place of hearing and to give public notice thereof. The wage board will hold a public hearing, receive evidence from all interested persons, including the regional LR specialist, make determinations as to prevailing wage rates and certify its findings to the Secretary of Agriculture. Certified copies of such certification will be transmitted to the State USDA War Board and the Regional Director, FSA.

D The Regional Director will advise the order-holding office, USES, of the determinations concerning the adequacy of housing facilities and prevailing wage rates.

E The order-holding office, if it has in the meantime determined that it will be necessary to transport workers, will then request the State Director, USES, to request the regional Representative, USES, to certify the existence of an acute labor shortage and the need for transporting agricultural workers. The regional Representative, USES, will certify the existence of a labor shortage and the need for transporting workers, will determine areas of recruitment and will notify the Director, USES, Washington, D. C., of such certification, the areas of recruitment, the determinations concerning housing facilities and prevailing wages, the number of workers needed, the period of employment, the place of employment, the crops for which workers are requested and all other related data.

F The Director, USES, will notify the Administrator, FSA, For the attention of the Director MA Division, of the certifications and determinations referred to. The Director, MA Division will then determine whether to approve or disapprove the transportation of the requested number of workers into the area of employment. If the Director, MA Division approves the recruitment and transportation of domestic agricultural workers, he will notify the Director, USES, and in turn the regional Representative, the State Director, and the order-holding office of the USES will be notified, as well as the local employment offices, USES, in the area or areas of recruitment. The Director, MA Division, FSA, will also notify the Transportation supervisor, FSA, in the area of employment to enter into cooperative employment agreements with the employer requesting the agricultural workers. (Rev. 9-10-42)

G When the cooperative employment agreements have been executed, the Transportation supervisor in the area of employment will notify the Transportation supervisor in the area of recruitment and the order-holding office, USES, who will notify the local employment offices, USES, in the area or areas of recruitment. Such employment offices will recruit the required number of workers and arrange for their assembly for transportation. The Transportation supervisor in the area of recruitment will designate a transportation assistant to work with the employment office, USES, and to enter into a work agreement with each worker who is recruited.


[5-rev. verso]

H The Transportation supervisor in the area of recruitment will make arrangements with the transportation company for transportation facilities to be available at the points of assembly and for food and subsistence at such points and while enroute. The Transportation supervisor in the area of recruitment will notify the Transportation supervisor in the area of employment of the anticipated time of arrival of the recruited workers. A Transportation assistant or assistants will accompany the recruited workers to the point of destination.

I At the point of destination a representative of the USES and the Transportation supervisor in the area of employment will receive the recruited agricultural workers. The USES representative will assign the recruited workers to the employer. The Transportation supervisor in the area of employment will see that the recruited workers are provided with the housing, sanitation and health facilities previously determined to be available and will provide for necessary subsistence.

J The regional LR specialist will designate a member of his staff or of the regional Migratory Camp section to supervise the work relations between the recruited agricultural workers and the employer. Such designee, together with a Transportation assistant, area of employment, who will check the employer's payroll records and wage payments, will ascertain whether there is compliance with the employment and living conditions of the agreements and the program. If during the period of employment, disputes or conflicts arise between the employer and the workers or there is evidence of non-compliance on the part of either, the regional LR specialist will take the steps necessary to place the compliance, enforcement and mediation machinery into effect.

K Prior to the end of the employment period, the regional LR specialist will notify the order-holding office, USES, of the impending termination of the employment period. If, following the procedure hereinabove outlined, such workers (or any of them) are to be employed for an additional period, certifications to such effect will be made. The routine set forth will be followed except that it will be unnecessary to recruit such workers and to enter into work agreements and, if they are to be employed in the same or a nearby area of employment, it may be unnecessary to arrange for their transportation. If it becomes necessary to transport such workers to a new area of employment or to return them to their place of origin, the Transportation supervisor, area of employment, and his assistants will perform the functions originally performed by the Transportation supervisor, area of recruitment, and will assemble the workers and members of their families, make arrangements for transportation facilities and provide for subsistence while enroute. He will also notify the Transportation supervisor in the new area of employment or the Transportation supervisor in the area of recruitment of the anticipated arrival of the workers at the new point of destination or the point of origin as the case may be. Upon arrival the workers will be received by a representative of the USES and the Transportation supervisor who will assist in arranging for their assignment to the new employer and see that shelter and subsistence are available or, if returned to the point of origin, release them for return to their homes. (Rev. 9-10-42)


[5 verso]

H The Transportation supervisor in the area of recruitment will make arrangements with the transportation company for transportation facilities to be available at the points of assembly and for food and subsistence at such points and while enroute. The Transportation supervisor in the area of recruitment will notify the Transportation supervisor in the area of employment of the anticipated time of arrival of the recruited workers. A Transportation assistant or assistants will accompany the recruited workers to the point of destination.

I At the point of destination a representative of the USES and the Transportation supervisor in the area of employment will receive the recruited agricultural workers. The USES representative will assign the recruited workers to the employer. The Transportation supervisor in the area of employment will see that the recruited workers are provided with the housing, sanitation and health facilities previously determined to be available and will provide for necessary subsistence.

J The regional LR specialist will designate a member of his staff or of the regional Migratory Camp section to supervise the work relations between the recruited agricultural workers and the employer. Such designee, together with a Transportation assistant, area of employment, who will check the employer's payroll records and wage payments, will ascertain whether there is compliance with the employment and living conditions of the agreements and the program. If during the period of employment, disputes or conflicts arise between the employer and the workers or there is evidence of non-compliance on the part of either, the regional LR specialist will take the steps necessary to place the compliance, enforcement and mediation machinery into effect.

K Prior to the end of the employment period, the regional LR specialist will notify the order-holding office, USES, of the impending termination of the employment period. If, following the procedure hereinabove outlined, such workers (or any of them) are to be employed for an additional period, certifications to such effect will be made. The routine set forth will be followed except that it will be unnecessary to recruit such workers and to enter into work agreements and, if they are to be employed in the same or a nearby area of employment, it may be unnecessary to arrange for their transportation. If it becomes necessary to transport such workers to a new area of employment or to return them to their place of origin, the Transportation supervisor, area of employment, and his assistants will perform the functions originally performed by the Transportation supervisor, area of recruitment, and will assemble the workers and members of their families, make arrangements for transportation facilities and provide for subsistence while enroute. He will also notify the Transportation supervisor in the new area of employment or the Transportation supervisor in the area of recruitment of the anticipated arrival of the workers at the new point of destination or the point of origin as the case may be. Upon arrival the workers will be received by the


6
Transportation supervisor who will assist in arranging for their assignment to the new employer and see that shelter and subsistence are available or, if returned to the point of origin, release them for return to their homes.

VI DETERMINATION OF WAGES:

A The Secretary shall appoint a wage board, composed of two representatives from the Department of Agriculture, one from the War Manpower Commission and one from the USES, instruct it to proceed to perform its duties in a designated area and to report its wage determinations and other findings to him.

B Upon the appointment of the wage board, the Regional Director, FSA, shall request the State USDA War Board to designate a place within the area of employment and a time for the holding of such hearings and to give public notice, not less than three days in advance of the hearing, to persons who may be interested. All notices will be given in the name of the Secretary acting by the Chairman of the State USDA War Board.

C Also immediately upon the receipt of notice of the probable need of transporting workers, the Regional Director shall direct the regional LR specialist to undertake an investigation of prevailing wage rates in the area of employment for the various farm operations for which labor is to be recruited. Such findings (including hourly rates, piece rates and workers' time performance if paid on a piece basis) shall be submitted to the wage board for its technical guidance.

D Representatives of employers of agricultural workers, of agricultural workers, of the public and other interested persons shall be given the opportunity of testifying at the wage board hearings.

E The wage board shall be in public session no longer than two days. It shall determine prevailing wages on the basis of the evidence developed at the public hearings or submitted to it by interested persons or groups. The wage board shall make findings and wage determinations of prevailing wage rates and submit such findings and determinations to the Secretary of Agriculture within one day following the termination of the hearing. The recommendations of the majority of the members of the board shall constitute the determination of the entire board. In the event there is no majority, the board shall submit the matter to the Secretary of Agriculture who shall make the final wage determinations.

F The prevailing wage rates as determined by the board, which in no event shall be less than 30 cents an hour, or its equivalent in piece work rates, shall constitute the minimum wage rates for the recruitment and transportation program. Such minimum rates shall be incorporated in the cooperative employment agreement between the FSA and employer as a condition for recruiting and transporting agricultural workers under the program.


[6 verso]

VII INSPECTION OF HOUSING AND SANITARY FACILITIES:

A All certifications as to housing and sanitary facilities must be made by the regional director within not more than six (6) days after notice is received from the order-holding office, USES, that there is a local labor shortage and that an attempt will be made to recruit labor outside the area of employment.

B When instructed by the regional director, FSA, the regional LR specialist, with the assistance of the chief, regional Migratory Labor Camps section and a regional representative of the Office of the Chief Engineer, will inspect the housing and sanitary facilities in the area of employment.

C The regional LR specialist, in making the inspection of the housing and sanitary facilities, will prepare Form FSA 505, "Check Sheet for Inspection of Housing and Sanitary Facilities", (copy attached as Exhibit A) in an original only, and will immediately submit it to the regional director, who will have all check sheets summarized and prepare Form FSA 506, "Advice of Approval of Housing and Sanitary Facilities for Agricultural Workers", (copy attached as Exhibit B) in an original and one copy. The original of Form FSA 506 will be forwarded to the order holding office, USES, and the copy will be filed in the FSA regional office with the supporting check sheets, Form FSA 505.

D Instructions for using Form FSA 505, "Check Sheet for Inspection of Housing and Sanitary Facilities":

1 General: The following material covers only those portions of the form which do not appear to be self-explanatory. The Schedule Number will be assigned by the Inspector for his own record.

2 Section (2) Housing Inspected (A) Location: State the location of the structures covered by the particular Form, in the form of simple directions which would enable a person to locate them quickly. For example:

"Southeastern end of Parker County, two miles south of the Yellow River Bridge, along highway 75, then east at sign marked `Wilson's Dairy' ½ mile on gravel road to large red barn and windmill."

3 Section (3) Employer Intends (A): These figures will be inclusive of any local labor other than furnished under the transportation program.

4 Section (4) Specific Housing (A): The inspector will determine whether there are any state or county laws or regulations applicable to rural housing or sanitation in the area of employment. If there are, he will familiarize himself with them. If upon inspecting the property it seems that violations of such laws or regulations exist, the inspector will determine whether the appropriate local governmental agency has made an


7
inspection recently, and whether the property was approved or not. Without attempting to make a determination for the local governmental agency, the inspector will then form and report his own opinion as to whether the property appears to meet such laws and regulations. If the answer is "no", the inspection will be concluded, with appropriate explanation.

5 Section (4) Specific Housing (B): All groupings of housing at any site will be placed on the same form up to the limit of 10-room and/or cabin units. Separate groupings will be placed on separate forms. In the blocks in this section a check mark or "no" will be used to indicate that the conditions are or are not satisfactory.

6 Section (4) Specific Housing (D): The standard to be used in checking the size of room units will be at least 168 square feet of floor area, with a minimum dimension (length or width) of 12 feet, for each family of four or less members, or each group of three or less single workers. Forty square feet will be added for each additional member of a family, and sixty square feet for single persons. The minimum ceiling height in all cases will be eight feet.

7 Section (4) Specific Housing (E): This is the final determination and will not be made at the time of inspection.

E Instruction for using Form FSA 506, "Advice of Approval of Housing and Sanitary Facilities for Agricultural Workers":

1 Before FSA camp facilities are offered for housing agricultural workers and their families, the regional LR specialist will make arrangements with the chief, regional Migratory Labor Camp section to provide and reserve the facilities offered on Form FSA 506.

2 The description of the type, designation or location of housing units should be sufficiently specific to adequately identify the unit at the site.

F Form FSA 505 and Form FSA 506 are authorized for regional reproduction if and when the transportation program becomes active in the particular region.

Attachments: Exhibits A and B


8

VIII RECRUITMENT AND TRANSPORTATION:

A A Transportation Supervisor and one or more Transportation Assistants will be assigned to the area of recruitment and a similar crew and a Transportation Assistant (Finance) to the area of employment. The Transportation Supervisors will be administratively responsible to the Chief of the Migratory Labor Camp Section, MA Division, Washington, D. C., and responsible for all phases of the program within their assigned areas. The Transportation Assistant (Finance) will be administratively responsible to the Assistant Chief Fiscal Officer at Montgomery, Alabama.

B When the Director, USES, Washington, D. C., notifies the Administrator of the certification of need for transported agricultural workers, the contract with the employer has been signed, and the area or areas of recruitment have been defined and the approximate number of persons to be recruited in each area is known, Work and Job Orders will be issued by the Director of the MA Division, Washington, D. C., in accordance with FSA Instruction 368.5 and transmitted to the Transportation Supervisor in the area of employment. Telegraphic advice of the issuance of the Work and Job Orders will be sent to the Transportation Supervisor in the area of recruitment.

C When the telegraphic advice of the Work and Job Orders is received by the Transportation Supervisor in the area of recruitment, he will assign one or more Transportation Assistants to receive, as they are recruited by the USES, transport, and provide subsistence for the workers and their families up to the time they are delivered to the Transportation Assistant at the area of employment. When the Work and Job Orders are received by the Transportation Supervisor in the area of employment, he will assign one Transportation Assistant (Finance) and one or more other Transportation Assistants to arrange for the receipt of transported workers and transportation to their housing facilities in the area of employment, and will give the Work and Job Orders to the Transportation Assistant (Finance) who will be responsible for accumulating the cost information. Transportation Assistants in the area of recruitment will tabulate on the reverse of a Job Order form (memorandum copy) all expenses incurred in transporting and providing subsistence for workers and their families up to the time they are delivered to the point of assembly for through transportation, and will turn this cost data over to the Transportation Assistant who is assigned to accompany the group while in transit by through carrier to the area of employment. The Transportation Assistant who accompanies the group to the area of employment will deliver any accumulated cost data to the Transportation Assistant (Finance) at the area of employment.

D The Transportation Assistants in the area of recruitment will execute on behalf of the Government agreements with recruited workers on Form FSA-500, "Employment Agreement (Domestic Workers)". Form FSA-500 will be executed in an original and one copy, both of which will be signed by both the worker and the Transportation Assistant. The copy will be given to the worker and the original will be retained by the Transportation Assistant for forwarding with the worker to the Transportation Assistant (Finance) in the area of employment. Upon execution of the release by the worker upon his return to the point of recruitment or upon his decision not to return to the area of recruitment, Form FSA-503 or Form FSA-504, whichever is used, will be attached to the original of Form FSA-500 and both


9
will be forwarded to the Communications and Records Section at Montgomery, Alabama, for permanent filing.

E Workers will be expected to assemble at USES Placement Offices at their own expense. They may be transported directly to the area of employment from these locations or assembled at other points for through transportation. The Transportation Assistant will be expected to provide the most economical transportation and in general through transportation should be arranged for in units of one car load or bus load. Rail transportation will be by second class (Coach) accommodations.

F Transportation Assistants should make arrangements for transportation with local railroad and bus officials. If difficulties are experienced the matter will be immediately reported by telegraph or telephone to the Chief, Migratory Labor Camp Section, Washington, D. C., who will enlist the assistance of the Office of Defense Transportation.

G In the interest of economy, although the workers may not be returned to the area of recruitment from the first area of employment, round trip tickets for transportation of workers must be purchased wherever they are available. The Transportation Assistant who accompanies the group to the area of employment will deliver the unused portions of such tickets to the Transportation Assistant (Finance) in the area of employment who will hold them pending return of the workers to the area of recruitment or transportation to another area of employment, from which such tickets cannot be used. Unused portions of tickets for workers who do not wish to return to the area of recruitment or who are transported to such a new area of employment will be forwarded to the Finance Area office at Montgomery, Alabama, for return to the carrier for cancellation and credit. For workers transported to a new area of employment, and where the original return portion of their tickets have been cancelled, one way tickets will be used for their return to the area of recruitment. Extensions of time limits on return tickets will be obtained where the period of employment is extended and such tickets are not to be cancelled. Where transportation facilities are chartered, contract procedure will be used.

H Transportation Assistants will be certain to make necessary arrangements for feeding the transported workers and their families while enroute. They will also provide medical care, and in the event of an emergency, other necessary services. Food may be provided in the form of "box-lunches" or by contract with caterers along the route. In the latter event prior arrangements must be made with the transportation company for a stop at a given point for sufficient time for the food to be served and eaten.

I Each Transportation Assistant will be designated as an Agent Cashier for the purpose of making necessary cash disbursements. He is also authorized to make open market purchases not to exceed $100 for any one purchase, and will be authorized to issue Government Transportation Requests for himself and recruited workers and their families. Vouchers (Standard Form No. 1034) and supporting receipts accounting for cash disbursed will upon completion of a trip be submitted to the Finance Area Office at Montgomery, Alabama, for audit and certification in accordance with standard procedure.


10

J When the recruited workers and their families have been assembled and the time of departure has been arranged and confirmed, the Transportation Assistant conducting the trip will, by telegraph or telephone, advise the Transportation Supervisor in the area of recruitment who in turn will inform the Chief of the Migratory Labor Camp Section, Washington, D. C., by telegraph, of the time of departure and time of expected arrival at destination, method of travel used, name of the original carrier and name of the delivering carrier, number of persons being transported, number of workers, and number of family groups. The Chief, Migratory Labor Camp Section, Washington, D. C., will notify the Transportation Supervisor in the area of employment.

K In any emergency while enroute, the Transportation Assistant will communicate by telegraph or telephone with the Chief of the Migratory Labor Camp Section, Washington, D. C., or his designee. The responsibility of the Transportation Assistant conducting the trip from the area of recruitment will cease when he arrives at the railhead or destination in the area of employment. At this point he will turn the group over to the assigned receiving Transportation Assistant and will deliver the memorandum cost records, unused portions of roundtrip tickets, and employment agreements (Form FSA-500) to the Transportation Assistant (Finance). The Transportation Assistant who accompanied the group will report to his Transportation Supervisor by wire for further instructions and will immediately write a brief narrative report of the trip and send the original to the Chief, Migratory Labor Camp Section, Washington, D. C., and a copy to his Transportation Supervisor.

L The Transportation Assistant assigned to receive the workers in the area of employment will make arrangements to transport them and their families from the railhead or destination to the place or places where they are to be housed and in the number of workers designated by the USES. It will be the responsibility of the Transportation Assistant to see that no more workers are housed at any point than housing has been approved for and that no workers are housed in facilities that have not been approved. The information as to approved housing will be in the possession of the USES order-holding office. Transportation will be arranged for in the same manner as specified for transportation in and from the area of recruitment.

M Upon completion of the employment periods if the workers and their families are not housed in an FSA camp, they must be immediately returned to the area of recruitment, unless they are immediately transported to another area of employment or the new employer arranges with the previous employer to continue to house them. Regardless of who provides the housing, workers will not be retained in an area of employment for an indefinite period of time in the hope that further work will be available.

N For workers to be returned to the area of recruitment, the Transportation Assistant (Finance) in the area of employment will prepare Form FSA-504, "Employment Termination Agreement", in an original and one copy for each such worker. The original and copy of Form FSA-504 will be given to the Transportation Assistant who will accompany the workers to the area of recruitment. Upon arrival in the area of recruitment the Transportation Assistant and the worker will both sign


11
both the original and one copy on Form FSA-504, the copy will be given to the worker and the original, with the original of Form FSA-500 will be forwarded through the Transportation Assistant (Finance), in the area of employment to the Communications and Records Section at Montgomery, Alabama, for filing.

O For those workers who are not moved to a new area of employment and who do not desire to be transported back to the area of recruitment, the Transportation Assistant (Finance) in the area of employment will prepare Form FSA-503, "Return Transportation Release", in an original and one copy. Both the Transportation Assistant (Finance) and the worker will sign both the original and copy of Form FSA-503, the copy will be given to the worker and the original will be forwarded with the Form FSA-500 to the Communications and Records Section at Montgomery, Alabama, for filing.

P When the workers and their families have been delivered to the place or places where they are to be housed, the Transportation Assistant (Finance) will be responsible for seeing that the cost report (Form FSA-210) is prepared and forwarded in accordance with FSA Instruction 368.5.

IX SUBSISTENCE:

(omitted as of September 8, 1942)

X EMPLOYMENT, TIME, AND EARNING RECORDS:

(omitted as of September 8, 1942)


11a

IX SUBSISTENCE:

A If after arrival at the place of housing, a worker is unable to provide subsistence for himself and his family prior to the time when he has worked and been paid, or during periods of unemployment due to weather conditions, or during periods of unemployment between employers' contracts, and so forth, he may be given emergency subsistence grants in the form of SMA food stamps, if it is possible to use stamps and if not, in cash. Combinations of stamps and cash may be used if stamps a re available but there is need for items other than food.

B Unless otherwise directed by the Chief of the Migratory Labor Section, Washington, D. C., if there is a grant office in the vicinity, the responsibility for determining the amount and kind of grant will rest with the Grant Officer. If there is no grant office but the workers are housed in an FSA camp, the Camp Manager will assume this responsibility.

C When either the Grant Officer or the Camp Manager makes the grant and food stamps are used or the grant is made by Government check, he will use the standard grant procedure. If the grant is in the form of currency, a Transportation Assistant who is an Agent Cashier will distribute the cash in the amount determined by the Grant Officer or Camp Manager.

D When neither a Grant Officer or Camp Manager is available or authorized, the Transportation Assistant will both determine the amount and kind of grant to be given and distribute the stamps or cash as the case may be.

E The amount of grant aid per person per day should be in accordance with the standards established for migratory workers (where they exist) or the standards used in the RR program.

F When workers and their families are housed in FSA Camps, the Camp Manager will be responsible for medical care and their general well being. When they are living in housing provided by the employer, the Transportation Assistant will be responsible.

G All grants as described above are "indirect" grants as defined in FSA Instruction 368.5 and may be made only against an approved Work Order for this purpose, estimated and requested by the Transportation Supervisor in the area of employment.


12

XI COMPLIANCE, ENFORCEMENT, AND LABOR RELATIONS:

A Wages and Wage Payments:

    A Wages and Wage Payments:
  • 1 The duplicate copy of the Time Report for Employees which has been audited by the Transportation Assistant (Finance) will be transmitted through the Transportation Supervisor in the area of employment for filing in the regional office and will be available for examination by the regional LR specialist at any time. Any violations of established wage rates (hourly or piece work) will be indicated on the form at the time of audit.
  • 2 Irrespective of whether an examination of the Time Report for Employees indicates any apparent violation of the agreement or not, periodic visits (not less than once every 10 days) will be made by the regional LR Specialist to the farm on which the transported workers are employed for the purpose of ascertaining the possible existence of violations not indicated by an examination of the Time Report.
  • 3 All violations shall be reported to the regional director who will make representations directly to the employer in an effort to eliminate and rectify the abuses. If the employer refuses to make restitution or correct the non-compliance, the use of the entire force of transported workers shall be declared available for employment on other farms and the names of the recalcitrant employers shall be transmitted by the regional director to all USES offices in the area for appropriate action by the USES. This may take the form of refusal to fill orders of such employers or, at least informing prospective employees of the unsatisfactory status of the employer.
  • 4 Workers who are charged with incompetence or who are accused of violating the terms of their employment agreements, shall be reported by the employer to the regional LR specialist or the regional director. The regional LR specialist shall make an investigation and report his findings and recommendations to the regional director. If violations are confirmed, the worker shall lose his right to return transportation.
  • 5 The necessity for additional wage payments to satisfy the guarantee of 75 per cent employment will be determined by an examination of the Time Reports for any one employee at the expiration of the cooperative employment agreement. The determination will be made by the Transportation Assistant (Finance) and may be checked by the regional LR specialist.

B Child Labor:

    B Child Labor:
  • 1 The regional LR specialist will check for compliance with the provisions of the contract with the employer with respect to child labor and with federal and state laws applicable thereto. Violations will be reported as described in paragraph XI A 3 above.
  • 2 In the event of continued violations of the child labor provisions, the employer's right to employ the family to which the minor is attached shall be cancelled and return transportation of the family at the expense of the FSA shall be forfeited.

C Housing, Sanitation, and Other Living Conditions:


    13
    C Housing, Sanitation, and Other Living Conditions:
  • The regional LR specialist shall on his periodical visits investigate the adequacy of the living conditions of the workers and their families and the compliance of the employer with the conditions of the housing inspection report. Improvements needed to meet the minimum standards shall be suggested to the employer and reported to the regional director. The regional director will formally notify the employer of the violation and required improvements, and will advise him that if the improvements are not made within a week the particular unit or units will be declared unfit for habitation and the affected workers will be made available for employment on other farms.

D Labor Relations, Mediation, and Other Methods of Enforcement:

    D Labor Relations, Mediation, and Other Methods of Enforcement:
  • 1 Workers shall have the right to elect their own representatives to deal with the employer, provided that such representatives are working members of the group, and to submit their complaints and grievances for adjustment directly to the employers or to the regional LR specialist. They shall further have the right to appeal to the FSA regional director.
  • 2 The regional LR specialist or any other representative of the FSA nominated by the regional director shall be authorized to deal with the employer on all questions affecting the working and living conditions of transported workers. In the event that grievances cannot be adjusted by the worker or his representative in direct negotiation with employers, or by the regional LR specialist or the regional director, the latter shall submit the dispute to a board of mediation. The board of mediation shall represent the workers, the employer, and the FSA. There shall be no stoppage of work and no lockout while mediation is in progress. If the employer refuses to mediate the dispute, or in the event mediation fails, the FSA member will forward his recommendations to the regional director for appropriate action as provided in paragraph XI A 3 above.

1

Exhibit A: Check Sheet for Inspection of Housing and Sanitary Facilities

figure


1

Exhibit B: Advice of Approval of Housing and Sanitary Facilities for Agricultural Workers

FSA Instruction 478.1 (Form FSA-506)
8-25-42

UNITED STATES DEPARTMENT OF AGRICULTURE
FARM SECURITY ADMINISTRATION
Advice of Approval of Housing and Sanitary
Facilities for Agricultural Workers
__________
(Date)
To: U. S. EMPLOYMENT SERVICE
Attention: __________
__________
(Address)

The housing and sanitary facilities of __________ inspected at __________ are approved for the residence of transported workers under the Farm Labor Transportation Program, provided that the total number of persons housed in these facilities does not exceed single persons, and separate family groups as shown on the reverse hereof, during the time transported workers are housed.

The "itemized notice" on the reverse shows the approved capacity for each separate room, cabin, or unit, stated in terms of (a) maximum size of the family which may be housed there, and (b) maximum number of single persons who may be housed there.

If this employer makes necessary arrangements with the USES in support of his order for transported workers, the Farm Security Administration under its Transportation Program will attempt to bring into the area for employment by him and residence in these facilities, a total of not more than __________ persons (workers and non-working members of their families).

These transported workers, and their family members, are to be housed in the facilities here certified, provided that during the period when they are so housed, the total number of all persons living in these facilities does not exceed the limits certified for each unit on the reverse hereof.

We wish to call attention to the fact that the FSA Farm Labor Transportation Program does not concern itself with the number of persons or families housed in these facilities, excepting during the periods when transported workers are in residence.

(The following does not apply if there is no FSA migratory labor camp in the area)

In addition to the above transported workers or families who may be housed in these facilities, this employer may house __________ persons, provided these additional persons are housed in the FSA camp at __________ and are supplied by him with necessary transportation daily between that camp and the site of their employment.

Sincerely yours,
(Signed)__________
Regional Director

__________
(Address)


2

FSA Instruction 478.1

The housing facilities of ____________________, at _______________________
are certified as residence for: __________________________________

                                   
Type and Designation, or Location, of Shelter  One family of not more than: OR  Single Persons to the number of not more than: 
(1) 
(2) 
(3) 
(4) 
(5) 
(6) 
(7) 
(8) 
(9) 
(10) 
(11) 
(12) 
(13) 
(14) 
(15) 
(16) 

Single persons not to exceed ___ (or the equivalent in family groups, as below)

Or, not more than ___ separate family groups, of which ___ may include up to ___ members

And ____ may include up to ____ members

And ____ may include up to ____ members

And ____ may include up to ____ members

And ____ may include up to ____ members


1

RECRUITMENT AND TRANSPORTATION OF MEXICAN AGRICULTURAL WORKERS

FSA Instruction 478.2

I PURPOSE:

To make provision for an adequate supply and distribution of agricultural workers for the production and harvesting of agricultural crops essential to the war effort, the FSA and the United States Employment Service have undertaken a joint program to recruit and transport Mexican agricultural workers from Mexico and place them in areas of urgent labor shortage where it has not been possible to recruit domestic agricultural workers to supply such labor need.

II POLICIES:

A General. The agreement between the Mexican and United States Governments with respect to the importation into the United States of Mexican workers for agricultural work provides that:

    A General. The agreement between the Mexican and United States Governments with respect to the importation into the United States of Mexican workers for agricultural work provides that:
  • 1 Mexican workers shall not be subject to the Selective Service Act or to any military service;
  • 2 Mexican agricultural 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;
  • 3 Mexican workers entering the United States shall enjoy the guarantees in Article 29 of the Mexican Labor Law, providing that contracts of employment must be in writing, that transportation and subsistence must be provided by the employer and that no deductions shall be made for such items from the wages agreed upon.

B Recruitment.

    B Recruitment.
  • 1 Mexican agricultural workers shall not be recruited for agricultural employment within the United States unless specific need for their employment has previously been certified to exist by the USES as provided in paragraph III B 4, and there shall be no recruiting of Mexican workers beyond the number certified by the USES to be needed.
  • 2 There will be no recruiting of less than 100 workers for any particular employer or group of employers or for any work period comprising less than 30 days.
  • 3 Mexican workers shall be recruited in Mexico by the FSA, with the cooperation and the assistance of the USES, and in accordance with such limitations as may be imposed by the Mexican Government pursuant to the agreement referred to in paragraph II A.
  • 4 Certification by the USES shall be based upon determinations that:
    • a A valid and bona fide application for workers has been made by responsible potential employers of agricultural workers;

    • [1 verso]
    • b The supply of domestic agricultural workers available in the particular area of employment or capable of recruitment from without such area by the USES under the program outlined in FSA Instruction 478.1 is inadequate to satisfy the need and that efforts to recruit such domestic workers have proven futile;
    • c Such potential employers have agreed to meet the standards of wages, working conditions, periods of employment, housing conditions and related requirements stipulated in the understanding between the Mexican and the United States Governments and contained, pursuant to the provisions hereinbelow set forth, in the agreements between the FSA and employers covering the employment of agricultural workers;
    • d Adequate housing, health and sanitary facilities, within the limitation of existing conditions, for the Mexican workers, are certified by the FSA to be available;
    • e Such potential employers have agreed and have indicated an ability to meet the obligations for transportation and other monetary guarantees required by the FSA;
    • f The crops, for the production or harvesting of which the Mexican workers are requested, are of importance to the war effort; and,
    • g The transportation of Mexican workers into the United States for agricultural employment will not lead to the displacement of domestic agricultural workers, to the impairment of opportunities for agricultural employment of domestic agricultural workers or the reduction or depression of wages for domestic agricultural workers.

C Transportation.

    C Transportation.
  • 1 Mexican workers and members of their families shall be transported from points of origin in Mexico to original points of destination within the United States and from such points of destination to intermediate points of destination and return to their points of origin in Mexico by facilities licensed to transport passengers.
  • 2 Costs of transportation of Mexican workers and members of their families from points of origin to points of destination within the United States and from such points of destination to intermediate points of destination and return to Mexico and all subsistence, medical and other necessary services and facilities while en route shall be paid for by the FSA.
  • 3 Personal belongings of Mexican workers and of members of their families to a maximum of 35 kilos (77 pounds) per person, shall be transported at the cost of the FSA.
  • 4 Costs of transportation of Mexican workers, and of members of their families, if the transportation thereof should be necessary, from original or intermediate points of destination within the United States to actual place of employment upon agricultural lands and return to such original or intermediate points of destination shall be paid for by the employers of the Mexican workers.

  • 2
  • 5 Employers will be required to pay to the FSA the sum of $5 per worker for each worker transported by the FSA irrespective of the distance such worker may be transported. No charge will be made for the transportation of any member of the worker's family who is not a worker.

D Wages and Conditions of Employment.

    D Wages and Conditions of Employment.
  • 1 Mexican workers shall be paid at not less than the prevailing wage rates within the particular area of employment, provided that in no event shall the wage rates paid be less than 30 cents per hour and provided, further, that piece work rates shall be so set as to enable a worker of average ability to earn not less than the prevailing hourly wage.
  • 2 The prevailing wage rates shall be those wage rates established for domestic workers by the Department of Agriculture pursuant to the procedure provided for in FSA Instruction 478.1.
  • 3 No deductions shall be made for commissions, fees or for any other charges (but not excluding such deductions as may be required by law) which shall have the effect, directly or indirectly, of reducing the wages received by Mexican workers below those provided for in paragraph II D 1 above.
  • 4 No minor shall be employed, except in compliance with and as permitted by Federal and State laws and policies, and in no event shall any minor under 14 years of age be employed. Nor shall any children under 16 years of age be transported except as members of families of Mexican worker.
  • 5 Housing, sanitary and medical facilities and services provided Mexican workers and members of their families shall meet reasonable minimum standards and such additional requirements as may be imposed by FSA.
  • 6 Mexican workers shall not be required to purchase articles or services for consumption or use by them or members of their families at any source not of their own choosing.
  • 7 Mexican workers shall enjoy the same rights and privileges, insofar as occupational diseases and accidents are concerned, as are afforded domestic agricultural workers under Federal and State statutes.
  • 8 Each group of Mexican workers shall elect their own representatives to deal with employers of agricultural labor provided that all such representatives shall be working members of the group.
  • 9 The FSA, in cooperation with appropriate Federal and State agencies, shall make all necessary provisions for insuring continuous compliance by employers of Mexican workers with wage provisions, working conditions, housing, sanitary and other living standards, transportation and all other provisions of employment contracts entered into by such employers and shall provide the necessary machinery for satisfying grievances and resolving disputes.
  • 10 The FSA will enter into agreements with Mexican workers transported under this program which will guarantee employment, or in the absence of employment, the making of a minimum subsistence payment of $3.00 per day, for 75 per cent of the work days (Sunday is not a work day) during the
    [2 verso]
    period of employment specified in the agreement between the FSA and a Mexican worker, provided that the amount of such subsistence payment, if any, as is required to be made under such agreement, shall be computed and the payment thereof shall be made at the end of the period of employment; and such agreements will provide, in addition, in the event of need, for the furnishing of subsistence and shelter during the periods of unemployment within the period of employment specified in the agreement between the FSA and a Mexican worker.
  • 11 For the purpose of determining compliance under the preceding paragraph, a work day shall contain not less than 8 hours nor more than 12 hours; provided, however, that to determine whether any minimum subsistence payments are to be made, the Government may, in its discretion, add hours of work less than eight done on any day except Sunday to hours of work less than eight done on any other day except Sunday, and for such purpose each 10 hours of work shall be counted as a work day.
  • 12 The agreement entered into by the FSA with Mexican workers and with employers of such Mexican workers, will contain such provisions as, in the opinion of the FSA, may be necessary to effectuate the objectives of the program.
  • 13 The workers are not employees of the United States Government, and are not entitled to the benefits of the United States Employees' Compensation Act of September 7, 1916, as amended.

III DIVISION OF RESPONSIBILITIES AMONG GOVERNMENT AGENCIES:

A The FSA will be responsible for:

    A The FSA will be responsible for:
  • 1 Advising growers, farmers and other employers of agricultural workers, and all other interested persons of the program for the recruitment and transportation of Mexican agricultural workers;
  • 2 Determining the adequacy of housing facilities in areas of employment into which agricultural workers are to be transported;
  • 3 Approving (upon certification by USES) requests for the transportation of Mexican agricultural workers into areas of employment;
  • 4 Recruiting Mexican agricultural workers to fill approved applications at points recruitment designated by the Mexican Government, and arranging for their assembly at centers within Mexico;
  • 5 Entering into work agreements for specified periods of employment with recruited Mexican agricultural workers and into cooperative employment agreements with employers of recruited agricultural workers;
  • 6 Arranging for transportation of recruited agricultural workers, members of their families and personal belongings from points of origin or centers within Mexico to areas of employment within the United States and return to points of origin in Mexico, and providing for subsistence, medical care and other facilities and services while en route;

  • 3
  • 7 Providing migratory labor camps and other FSA housing facilities for recruited agricultural workers to the extent available;
  • 8 Providing subsistence and medical care to recruited agricultural workers during periods of unemployment when need therefor exists;
  • 9 Insuring compliance and enforcement of cooperative employment agreements, and providing machinery for satisfying grievances and resolving disputes;
  • 10 Guaranteeing employment or payments in lieu thereof for 75 per cent of the work days of periods of employment;
  • 11 Providing general supervision of the entire recruitment and transportation program.

B The United States Employment Service will be responsible for;

    B The United States Employment Service will be responsible for;
  • 1 Assisting the FSA in advising growers, farmers and other employers of agricultural workers, and all other interested persons of the program for the recruitment and transportation of Mexican agricultural workers;
  • 2 Receiving requests for agricultural workers from potential employers;
  • 3 Determining the availability of domestic agricultural workers in the area of employment;
  • 4 Certifying as to the need of transporting agricultural workers from areas of recruitment within the United States or from Mexico to alleviate agricultural labor shortages in a particular area of employment;
  • 5 Determining the willingness of potential employers making application for agricultural workers to meet and satisfy the requirements of the recruitment and transportation program;
  • 6 Certifying as to the unavailability of the required number of domestic agricultural workers in areas beyond the area of employment and the need of recruiting agricultural workers within Mexico;
  • 7 Receiving the recruited Mexican workers at the point of destination and assigning them to the employers.

C The Office of Defense Transportation will be responsible for:

    C The Office of Defense Transportation will be responsible for:
  • 1 Assisting the FSA in negotiating for rates for transportation of agricultural workers;
  • 2 Assisting the FSA in obtaining necessary facilities for transportation of recruited agricultural workers.

D State and County War Boards will be responsible for:

    D State and County War Boards will be responsible for:
    [3 verso]
  • 1 Assisting the FSA in advising growers, farmers and other employers of agricultural workers, and all other interested persons of the program for the recruitment and transportation of Mexican agricultural workers;
  • 2 Assisting the FSA in securing compliance with and enforcement of work and cooperative employment agreements entered into by the FSA with Mexican agricultural workers and employers.
  • 3 Designating the time and place within the area of employment for the holding of a public hearing of the wage board, when requested by the regional director, FSA and giving public notice thereof.

E The Immigration and Naturalization Service will be responsible for:

    E The Immigration and Naturalization Service will be responsible for:
  • 1 Interviewing and making a determination as to the admissibility of each Mexican worker tentatively recruited in Mexico by the FSA for admission to and employment as an agricultural laborer within the United States and of each member of such worker's family.
  • 2 Issuing to each male worker and male member of his family over 18 years of age, an identification card satisfying the requirements of the Selective Service Authorities.
  • 3 Taking such steps as may be required to comply with the alien registration requirements.
  • 4 Taking action in the event deportation of any Mexican worker or a member of his family becomes necessary.

F The Public Health Service will be responsible for:

    F The Public Health Service will be responsible for:
  • 1 Making such physical examination as may be required of each Mexican worker tentatively recruited in Mexico for admission and employment as an agricultural laborer within the United States and of the members of the families of such Mexican workers.
  • 2 Issuing and maintaining such records of physical examination as may be necessary.

IV FUNCTIONAL ORGANIZATION AND RESPONSIBILITIES WITHIN THE FSA:

A Management Functions.

    A Management Functions.
  • 1 The recruitment and transportation program will be conducted on a specialized assignment basis with the Coordinator of Mexican Agricultural Labor Migration responsible for supervising, coordinating and rendering technical advice upon all phases of the program throughout the United States. All responsibility for recruitment and transportation of Mexican workers and members of their families will rest with the Coordinator and be performed by field staffs especially appointed for such purpose by him. Each regional office will, however, be responsible within its own region for certification as to the adequacy of housing, sanitary and health facilities, for the assembling of data with reference to prevailing wage rates and for the supervision of all relationships (other than auditing payrolls and wage payments), between employers and workers after their arrival at
    4
    points of destination and assignment to employers and until their departure from such original points of destination for transportation to intermediate points of destination or return to points of origin.
  • 2 For purposes of operation, areas will be designated as areas of employment and areas of recruitment (in Mexico). Field staffs, or more properly, transportation crews, will be assigned by the Coordinator as needed to these areas to perform necessary duties in connection with the program. In general, each transportation crew will consist of 1 Transportation Supervisor, 1 Transportation Assistant (Finance), and 1 or more other Transportation Assistants with such supplemental clerical assistance as may be required. All transportation crew personnel will be responsible to the Coordinator, will be moved from area to area at his direction and will keep such records and make such reports as may be required by him. One, probably the Transportation Assistant (Finance), or more members of a transportation crew in the area of employment will be assigned to remain with the group of recruited workers to check payrolls and wage payments, make collections, if any, from the employer, assist in processing vouchers, provide subsistence and subsistence payments in lieu of employment and make all necessary financial arrangements preliminary to assembly and transportation of the workers from the original point of destination within the area of employment to intermediate points of destination or return to point of origin in Mexico.

V ROUTINE:

The following is a summary statement of the chronological sequence of the steps to be taken from the certification by the regional representative of the USES of the need for recruiting Mexican workers to their return to the places of origin. While some of the steps may appear to be successive in point of time, it is anticipated that each agency will attempt to complete its portion of the work as rapidly as possible with the result that many of the steps may be taken simultaneously. It is further hoped that in some instances the taking of some of the steps will be unnecessary because of work previously done or information previously obtained.

  • A If it appears that a labor shortage exists in an area of employment and that such need cannot be met by recruiting and transporting domestic agricultural workers, the regional representative, USES, will certify to the Director, USES, Washington, D. C., the existence of a labor shortage, the inability to supply the need by the recruitment and transportation of domestic agricultural workers and the need for recruiting Mexican workers. The Director will further be advised as to the determinations concerning housing facilities and prevailing wages, the number of Mexican workers needed, the period of employment, the place of employment, the crops for which workers are requested and all other related data.
  • B The Director, USES, will notify the Administrator, FSA, for the attention of the Director, MA Division, of the certifications and determinations referred to. The Administrator will then determine whether to approve or disapprove the recruitment and transportation to the United States of the required number of Mexican workers. If the Administrator approves the proposed recruitment and transportation of Mexican workers, he will notify the Director, USES, and in turn the regional representative, the state director, and the order-holding office, USES, will be notified. The Administrator will also notify the Coordinator of Mexican Agricultural Labor Migration and direct that cooperative employment agreements with the employer requesting the agricultural workers be entered into and that the other steps necessary to accomplish the recruitment and transportation of such workers be taken.
  • C The Coordinator of Mexican Agricultural Labor Migration will notify, by wire, the authorized representative of the Mexican Government (hereinafter referred to as the Mexican representative) of the desire to recruit and transport to the United States the required number of Mexican workers pursuant to
    [4 verso]
    the arrangement between the Mexican and United States Governments and request that the Mexican representative designate the areas of recruitment in Mexico and the number of workers which may be recruited in each area. The Coordinator will transmit copies of his communication to the Mexican representative to the Immigration and Naturalization Service, the Public Health Service and the Office of Defense Transportation. At the same time, the Coordinator will also direct the Transportation supervisor in the area of employment to enter into cooperative employment agreements with the employer or employers for whom the Mexican workers are to be recruited.
  • D Upon receipt of a reply from the Mexican representative and upon advice that the cooperative agreements have been executed, the Coordinator will wire the Immigration and Naturalization Service, the Public Health Service and the Transportation supervisor, FSA, in Mexico, of the area or areas of recruitment and the number of workers to be recruited in each area and request that representatives of such agencies immediately proceed to such areas for the purpose of recruiting the required workers. The Transportation supervisor in the area of recruitment will tentatively recruit the required number of workers and arrange for their assembly for transportation. The Immigration and Naturalization Service and the Public Health Service will make such examinations of such workers as are tentatively recruited and of the members of their families as may be necessary to permit their admission to the United States. As each Mexican worker tentatively recruited is approved for admission to the United States by the Immigration and Naturalization Service and the Public Health Service, a Transportation assistant will enter into a work agreement with each such worker.
  • E The Coordinator will notify the Office of Defense Transportation of the instructions to recruit and the Office of Defense Transportation will assist the Transportation supervisor in Mexico in making arrangements with a transportation company for transportation facilities to be available at points of assembly and arrangements for food and subsistence at such points and while enroute. The Transportation supervisor in Mexico will notify the Transportation supervisor in the area of employment of the departure of the recruited Mexican workers and the anticipated time of their arrival at the point of destination. A Transportation assistant or assistants will accompany the recruited Mexican workers to the point of destination.
  • F At the point of destination a representative of the USES and the Transportation supervisor in the area of employment will receive the recruited Mexican workers. The USES representative will assign such workers to the employer. The Transportation supervisor in the area of employment will see that the workers are provided with the housing, sanitation and health facilities previously determined to be available and will provide for necessary subsistence.
  • G The regional director will designate the regional LR specialist, a member of LR staff or of the regional Migratory Camp Section to supervise the work relations between the recruited agricultural workers and the employer. Such designee, together with a Transportation assistant (Finance) in the area of employment, who will check the employer's payroll records and wage payments and will ascertain whether there is compliance with the employment and living conditions of the agreements and the program. If during the period of employment disputes or conflicts arise between the employer and the workers or there is evidence of noncompliance on the part of either, the regional LR specialist will take the steps necessary to place the compliance, enforcement and mediation machinery into effect.

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  • H Prior to the end of the employment period, the regional director will notify the order-holding office, USES, of the impending termination of the employment period. The order-holding office, USES, will then communicate with other employment offices of the USES to determine whether requests for agricultural workers are on file and whether such requests can be filled either by recruiting domestic agricultural workers in the area of employment or in areas beyond the area of employment. If, following the procedure set forth in FSA Instruction 478.1 for the recruitment and transportation of domestic agricultural workers and the procedure hereinabove outlined, it is determined that such Mexican workers (or any of them) are needed to fill requests for agricultural employment, certifications to such effect will be made in accordance with the procedure therefor.
  • I The routine set forth will be followed in transferring workers from one area of employment to another area of employment except that it will be unnecessary to recruit such workers and to enter into work agreements and, if they are to be employed in the same or a nearby area of employment, it may not be necessary to arrange for their transportation. If it becomes necessary to transport such workers to a new area of employment, the Transportation supervisor in the area of employment and his assistants will perform the functions originally performed by the Transportation supervisor in Mexico and will assemble the workers and members of their families, make arrangements for transportation facilities and provide for subsistence while en route. He will also notify the Transportation supervisor in the new area of employment of the anticipated arrival of the workers at the new point of destination. Upon arrival the workers will be received by a representative of the USES and the Transportation supervisor who will assist in arranging for their assignment to the new employer and see that shelter and subsistence are available. The Immigration and Naturalization Service will be kept constantly advised by the Transportation supervisor of the movement of Mexican workers from the original point of destination to any intermediate point of destination.
  • J When it becomes necessary to return such Mexican workers to their place or origin within Mexico, the Transportation supervisor in the area of employment will assemble the workers and members of their families, make tentative arrangements for transportation facilities and for subsistence while en route to the points of origin in Mexico. He will also notify the Immigration and Naturalization Service of the contemplated return of such Mexican workers and of members of their families to Mexico and request that the Immigration and Naturalization Service approve and authorize the return to Mexico of the Mexican workers and members of their families. Upon receipt of such authorization the tentative arrangements for transportation facilities and for subsistence while en route will be completed and the Transportation supervisor in Mexico will be advised of the anticipated arrival of the Mexican workers at the point of origin. Upon arrival the workers will be received by the Transportation supervisor who will release them for return to their homes.

1

ROUTINE FOR THE RECRUITMENT AND TRANSPORTATION OF DOMESTIC AND MEXICAN AGRICULTURAL WORKERS

FSA Instruction 478.3

I GENERAL:

    I GENERAL:
  • A This Instruction provides the uniform detail procedure for carrying out the agricultural workers' transportation program as described in FSA Instruction 478.1, for domestic workers, and FSA Instruction 478.2 for Mexican workers.
  • B For convenience of reference, the text has been written generally for the recruitment and transportation of domestic workers. Except for provisions specifically limited to domestic or Mexican workers, the routine for Mexican workers will be identical, with the following substitutions:

               
Domestic Workers  Mexican Workers 
Chief, Migratory Camps Section, MA Division, Washington, D. C.  Supervisor of Mexican Migration. 
Director, MA Division, Washington, D. C.  Coordinator of Mexican Agricultural Labor Migration, San Francisco, California. 
Finance area manager, Montgomery, Alabama.  Finance area manager, Denver, Colorado. 
Communications and Records section, Montgomery, Alabama.  Communications and Records section, Denver, Colorado. 
Form FSA-500, "Work Agreement (Domestic Workers)".  Form FSA-501, "Work Agreement (Mexican Workers)". 
USES Placement Office.  FSA Mexican Recruiting Office. 

II DETERMINATION OF WAGES:

    II DETERMINATION OF WAGES:
  • A The Secretary shall appoint a wage board, composed of two representatives of the Department of Agriculture, one of the War Manpower Commission and one of the USES, instruct it to proceed to perform its duties in a designated area and to report its wage determinations and other findings to him.
  • B Upon the appointment of the wage board, the regional director, FSA, shall request the State USDA War Board to designate a place within the area of employment and a time for the holding of such hearings and to give public notice, not less than three days in advance of the hearing, to persons who may be interested. All notices will be given in the name of the Secretary acting by the Chairman of the State USDA War Board.
  • C Also immediately upon the receipt of notice of the probable need of transporting workers, the regional director shall direct the regional LR specialist to undertake an investigation of prevailing
    [1 verso]
    wage rates in the area of employment for the various farm operations for which labor is to be recruited. Such findings (including hourly rates, piece rates and workers' time performance if paid on a piece basis) shall be submitted to the wage board for its technical guidance.
  • D Representatives of employers of agricultural workers, of agricultural workers, of the public and other interested persons shall be given the opportunity of testifying at the wage board hearings.
  • E The wage board shall be in public session no longer than two days. It shall determine prevailing wages on the basis of the evidence developed at the public hearings or submitted to it by interested persons or groups. The wage board shall make findings and wage determinations of prevailing wage rates and submit such findings and determinations to the Secretary of Agriculture within one day following the termination of the hearing. The recommendations of the majority of the members of the board shall constitute the determination of the entire board. In the event there is no majority, the board shall submit the matter to the Secretary of Agriculture who shall make the final wage determinations.
  • F The prevailing wage rates as determined by the board, which in no event shall be less than 30 cents an hour, or its equivalent in piece work rates, shall constitute the minimum wage rates for the recruitment and transportation program. Such minimum rates shall be incorporated in the cooperative employment agreement between the FSA and employer as a condition for recruiting and transporting agricultural workers under the program.

III INSPECTION OF HOUSING AND SANITARY FACILITIES:

    III INSPECTION OF HOUSING AND SANITARY FACILITIES:
  • A All certifications as to housing and sanitary facilities must be made by the regional director within not more than six days after notice is received from the order-holding office, USES, that there is a local labor shortage and that an attempt will be made to recruit labor outside the area of employment.
  • B When instructed by the regional director, the regional LR specialist, with the assistance of the chief, regional Migratory Camps section and a regional representative of the Office of the Chief Engineer, will inspect the housing and sanitary facilities in the area of employment.
  • C The regional LR specialist, in making the inspection of the housing and sanitary facilities, will prepare Form FSA 505, "Check Sheet for Inspection of Housing and Sanitary Facilities", (copy attached as Exhibit A) in an original only, and will immediately submit it to the regional director, who will have all check sheets summarized and prepare Form FSA 506, "Advice of Approval of Housing and Sanitary Facilities for Agricultural Workers", (copy attached as Exhibit B) in an original and one copy. The original of Form FSA 506 will be forwarded to the order-holding office, USES, and the copy will be filed in the FSA regional office with the supporting check sheets, Form FSA 505.
  • D Instructions for using Form FSA 505, "Check Sheet for Inspection of Housing and Sanitary Facilities":
    • 1 GENERAL. The following material covers only those portions of the Form which do not appear to be self-explanatory. The Schedule Number will be assigned by the Inspector for his own record.

    • 2
    • 2 SECTION (2) HOUSING INSPECTED (A) LOCATION: State the location of the structures covered by the particular Form, in the form of simple directions which would enable a person to locate them quickly. For example:
    • "Southeastern end of Parker County, two miles south of the Yellow River Bridge, along highway 75, then east at sign marked `Wilson's Diary' 1/2 mile on gravel road to large red barn and windmill."
    • 3 SECTION (3) EMPLOYER INTENDS (A): These figures will be inclusive of any local labor other than furnished under the transportation program.
    • 4 SECTION (4) SPECIFIC HOUSING (A): The inspector will determine whether there are any state or county laws or regulations applicable to rural housing or sanitation in the area of employment. If there are, he will familiarize himself with them. If upon inspecting the property it seems that violations of such laws or regulations exist, the inspector will determine whether the appropriate local governmental agency has made an inspection recently, and whether the property was approved or not. Without attempting to make a determination for the local governmental agency, the inspector will then form and report his own opinion as to whether the property appears to meet such laws and regulations. If the answer is "no", the inspection will be concluded, with appropriate explanation.
    • 5 SECTION (4) SPECIFIC HOUSING (B): All groupings of housing at any site will be placed on the same form up to the limit of 10-room and/or cabin units. Separate groupings will be placed on separate forms. In the blocks in this section a check mark or "no" will be used to indicate that the conditions are or are not satisfactory.
    • 6 SECTION (4) SPECIFIC HOUSING (D): The standard to be used in checking the size of room units will be at least 168 square feet of floor area, with a minimum dimension (length or width) of 12 feet, for each family of four or less members, or each group of three or less single workers. Forty square feet will be added for each additional member of a family, and sixty square feet for single persons. The minimum ceiling height in all cases will be eight feet.
    • 7 SECTION (4) SPECIFIC HOUSING (E): This is the final determination and will not be made at the time of inspection.
  • E Instruction for using Form FSA 506, "Advice of Approval of Housing and Sanitary Facilities for Agricultural Workers".
    • 1 Before FSA camp facilities are offered for housing agricultural workers and their families, the regional LR specialist will make arrangements with the chief, regional Migratory Camps section to provide and reserve the facilities offered on Form FSA 506.
    • 2 The description of the type, designation or location of housing units should be sufficiently specific to adequately identify the unit at the site.
  • F Form FSA 505 and Form FSA 506 are authorized for regional reproduction if and when the transportation program becomes active in the particular region.

[2 verso]

IV EMPLOYERS AGREEMENT AND PERFORMANCE BOND:

    IV EMPLOYERS AGREEMENT AND PERFORMANCE BOND:
  • A When the Transportation supervisor in the area of employment has been directed by the Director, MA Division, to enter into a cooperative employment agreement with the employer, the Transportation supervisor will prepare Form FSA-502, "Cooperative Employment Agreement", in an original and one copy, both of which will be executed by both the employer and the Transportation supervisor (on behalf of the Government). The copy will be given to the employer and the original will be retained (for the duration of the employment period) by the Transportation assistant (Finance). At this time the Transportation assistant (Finance) will collect the advance payment required of the employer under the agreement, and execute a receipt therefor in duplicate (original to employer and copy retained). Any additional transportation charge due from the employer will be collected upon arrival of the workers in the area of employment.
  • B At the time the "Cooperative Employment Agreement" is entered into, the employer will at the discretion of the Director, MA Division, Washington, D.C. be required to furnish a "Performance and Payment Bond", Form FSA 509. Bonds will be obtained, if practicable, from surety companies licensed to do business in the state and listed as holding certificates of authority from the U. S. Treasury Department as acceptable sureties on Federal bonds. If no such approved company is represented in the same town or city as the employer and it is inexpedient to deal with an approved company in another town or city, acceptance of a bond from a financially responsible surety company which is licensed to do business in the state but which is not on the Treasury Department approved list may be authorized by the regional director. One executed copy of the bond will be attached to the original of the employment agreement.
  • C The amount of the bond will be equal to the estimated amount due the workers and the Government under the employment agreement as determined by the regional director. If no bond is required the applicable paragraph will be crossed out of Form FSA-502 and the deletion initialed by both the employer and the Transportation supervisor.
  • D Upon completion of the employment period, the Transportation assistant (Finance) will forward the originals of Form FSA-502 and Form FSA-509 to the Transportation supervisor in the area for forwarding to the regional Communications and Records section at Montgomery, Alabama, for filing.

V RECRUITMENT AND TRANSPORTATION:

    V RECRUITMENT AND TRANSPORTATION:
  • A A Transportation supervisor and one or more Transportation assistants will be assigned to the area of recruitment and a similar crew and a Transportation assistant (Finance) to the area of employment. The Transportation supervisors will be administratively responsible to the Chief of the Migratory Camps section, MA Division, Washington, D. C., and responsible for all phases of the program within their assigned areas. The Transportation assistant (Finance) will be technically responsible to the Finance area manager at Montgomery, Alabama.
  • B When the Director, USES, Washington, D. C., notifies the Administrator of the certification of need for transported agricultural workers, the contract with the employer has been signed, and the area or areas of recruitment have been defined and the approximate number of persons to be recruited in each area is known, Form FSA 206, "Work Order," and Form FSA 207, "Job Order", will be issued by the Director of the MA Division, Washington, D. C., in accordance with FSA Instruction 368.5 and transmitted to the Transportation supervisor in the area of employment. Telegraphic advice of the issuance of the Work and Job Orders will be sent to the Transportation supervisor in the area of recruitment.

  • 3
  • C When the telegraphic advice of the Work and Job Orders is received by the Transportation supervisor in the area of recruitment, he will assign one or more Transportation assistants to receive, as they are recruited by the USES, transport, and provide subsistence for the workers and their families up to the time they are delivered to the Transportation assistant at the area of employment. When the Work and Job Orders are received by the Transportation supervisor in the area of employment, he will assign one Transportation assistant (Finance) and one or more other Transportation assistants to arrange for the receipt of transported workers and transportation to their housing facilities in the area of employment, and will give the Work and Job Orders to the Transportation assistant (Finance) who will be responsible for accumulating the cost information. Transportation assistants in the area of recruitment will tabulate on the reverse of a Job Order form (memorandum copy) all expenses incurred in transporting and providing subsistence for workers and their families up to the time they are delivered to the point of assembly for through transportation, and will turn this cost data over to the Transportation assistant who is assigned to accompany the group while in transit by through carrier to the area of employment. The Transportation assistant who accompanies the group to the area of employment will deliver any accumulated cost data to the Transportation assistant (Finance) at the area of employment.
  • D The Transportation assistants in the area of recruitment will execute on behalf of the Government agreements with recruited workers on Form FSA-500, "Employment Agreement (Domestic Workers)". Form FSA-500 will be executed in an original and one copy, both of which will be signed by both the worker and the Transportation assistant. A separate contract will be executed with each individual member of a family who is transported as a worker regardless of whether the worker is an adult or a minor. In the case of a worker who is a minor, the written approval of the contract by the natural or legal guardian of the minor should be obtained if possible. Only the non-working members of a family will be listed in Schedule A on the back of the Work Agreement (Form FSA-500), executed by the head of a family. The copy will be given to the worker and the original will be retained by the Transportation Assistant for forwarding with the worker to the Transportation Assistant (Finance) in the area of employment. Upon completion of the period of employment or termination prior thereto, the original of Form FSA-500 will be forwarded to the regional Communications and Records section at Montgomery, Alabama for permanent filing.
  • E - Workers will be expected to assemble at USES Placement Offices or at places designated by the USES at their own expense. They may be transported directly to the area of employment from these locations or assembled at other points for through transportation. The Transportation assistant will be expected to provide the most economical transportation and in general through transportation should be arranged for in units of one car load or bus load. Rail transportation will be by second class (coach) accommodations.
  • F Transportation assistants should make arrangements for transportation with local railroad and bus officials. If difficulties are experienced the matter will be immediately reported by telegraph or telephone to the Chief, Migratory Camps section, Washington, D. C., who will enlist the assistance of the Office of Defense Transportation.
  • G In the interest of economy, although the workers may not be returned to the area of recruitment from the first area of employment, ROUND TRIP tickets for transportation of workers must be purchased wherever they are available. Round trip fares are scaled according to the length of time for which the tickets are valid. Therefore the duration of the round trip tickets purchased should be not longer than the period of the contract plus the necessary allowance for actual transportation time, delay prior to actual start of employment, and so forth. Round trip tickets generally are issued for
    [3 verso]
    30, 60, 90, and 180 day periods. The Transportation assistant who accompanies the group to the area of employment will issue one Standard Form No. 1030, "Government Request for Transportation" for himself and the group of workers, and will deliver the unused portion of such tickets to the Transportation assistant (Finance) in the area of employment except for the return portion of one round-trip ticket for himself. He will obtain a receipt for the tickets turned over. The Transportation assistant (Finance) will hold them pending return of the workers to the area of recruitment or transportation to another area of employment. In the event the return transportation is not used prior to the expiration of the time limit, the local representative of the carrier should be requested to extend the time limit and Government Requests for Transportation should be issued to cover the changes involved. If the workers are to be transported from the first area of employment to a second area of employment application should be made to the local representative of the carrier to convert the unused portion of the round-trip ticket for a diversified routing back to the area of recruitment via the second area of employment. If additional cost is involved in this diversified routing, Government Request for Transportation should be issued to cover the additional charges. If it is not possible to convert the unused portion of the round-trip ticket, one-way transportation to the second area of employment should be obtained and the unused portion of the round-trip ticket returned to the Finance area manager for cancelation. Unused portions of round-trip tickets for workers who do not desire to return to the area of recruitment should be returned to the Finance area office, Montgomery, Alabama for cancelation. Where other than common carrier facilities are chartered, purchase order procedure will be used, if possible or paid for in cash.
  • H In all situations, the Transportation assistant is responsible for securing the cheapest transportation, taking into consideration diversified routing of round-trip tickets, special charter or party rates and other individual concessions made by various carriers (as in the case of sugar beet workers). Such information should be developed by consultation with local representatives of the carrier and whenever possible, a signed statement of their recommendations should be obtained.
  • I Transportation assistants will be certain to make necessary arrangements for feeding the transported workers and their families while enroute. They will also provide medical care, and in the event of an emergency other necessary services. Food may be provided in the form of "box-lunches" or by contract with caterers along the route. In the latter event prior arrangements must be made with the transportation company for a stop at a given point for sufficient time for the food to be served and eaten. Subsistence and other services provided enroute will be secured by Form FSA-BM 20 "Purchase Order". If the Purchase Order is not acceptable to the vendor, the items may be obtained by cash payments. Medical services and supplies should be paid for in cash.
  • J Each Transportation assistant will be designated as an agent-cashier for the purpose of making necessary cash disbursements. He is also authorized to make open market purchases not to exceed $300 for any one purchase, and will be authorized to issue Government Transportation Requests for himself and recruited workers and their families. Even though formal competition is not required, the Transportation supervisors and the Transportation assistants should in every instance where time permits make a price survey of all available local sources of supply in order to determine the most advantageous offer for the Government. Vouchers and supporting receipts accounting for cash disbursed will upon completion of a trip be submitted to the Finance area office at Montgomery, Alabama, for audit and certification in accordance with FSA Instruction 320.1.

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  • K When the Purchase Order has been written the copies should be distributed as follows:
    • 1 The original to the vendor.
    • 2 Two pink copies marked "Accounts Office Copy" to the Finance area manager, Montgomery, Alabama.
    • 3 The copies marked as follows should be retained for files of the official issuing the Purchase Order:
      • "Purchasing Officer's Copy"
      • "To be retained by Consignee"
      • Canary Copy marked "Copy for _____"
      • Green Copy marked "Copy for _____"
    • 4 The copy marked "Invoice Copy—Return to Purchasing Officer" should be signed and dated by the consignee in the block provided for acknowledgment of receipt of the goods purchased and forwarded to the Finance area manager, Montgomery, Alabama.
    • 5 The blue copy marked "Property Records Copy" should be forwarded to the MA Division, Migratory Camps section, Washington, D. C.
  • L The distribution of the copies of the Purchase Order as outlined above should not be accomplished until such time as the assignment under any given Work Order has been completed. At the time the Purchase Order is released to the vendor and the goods are delivered, a vendor's certificate commercial invoice in an original and two copies should be obtained in order that there may be no delay in payment. Each vendor is required to place the certification on his invoice as follows:
  • "I certify that the above bill is correct and just; that payment therefor has not been received; that all statutory requirements as to American production and labor standards and all conditions of purchase applicable to the transactions have been complied with, and that State or local taxes are not included in the amounts billed."
  • This invoice then should be attached to the salmon copy of the Purchase Order on which acknowledgment of receipt of goods is made by the consignee. When the Transportation assistant receives his Letter of Authorization there will be contained in that Letter of Authorization a series of numbers which are to be used to number each of the Purchase Orders he issues.
  • M When the recruited workers and their families have been assembled and the time of departure has been arranged and confirmed, the Transportation assistant conducting the trip will, by telegraph or telephone, advise the Transportation supervisor in the area of recruitment who in turn will inform the Chief of the Migratory Camps section, Washington, D. C., by telegraph, of the time of departure and time of expected arrival at destination, method of travel used, name of the original carrier and name of the delivering carrier, number of persons being transported, number of workers, and number of family groups. The Chief, Migratory Camps section, Washington, D.C. will notify the Transportation supervisor in the area of employment.

  • [4 verso]
  • N In any emergency while enroute, the Transportation assistant will communicate by telegraph or telephone with the Chief of the Migratory Camps section, Washington, D. C., or his designee. The responsibility of the Transportation assistant conducting the trip from the area of recruitment will cease when he arrives at the railhead or destination in the area of employment. At this point he will turn the group over to the assigned receiving Transportation assistant and will deliver the memorandum cost records, unused portions of round-trip tickets, and employment agreements (Form FSA-500) to the Transportation assistant (Finance). The Transportation assistant who accompanied the group will report to his Transportation supervisor by wire for further instructions and will immediately write a brief narrative report of the trip and send the original to the Chief, Migratory Camps section, Washington, D. C. and a copy to his Transportation supervisor.
  • O The Transportation assistant assigned to receive the workers in the area of employment will make arrangements to transport them and their families to the point of destination specified in the Cooperative Employment Agreement, Form FSA-502 (if this point of destination is not the same as the railroad station, bus depot, or other point where he receives them) and in the number of workers designated by the USES. It will be the responsibility of the Transportation assistant to see that no more workers are housed at any point than housing has been approved for and that no workers are housed in facilities that have not been approved. The information as to approved housing will be in the possession of the USES order-holding office. Transportation will be arranged for in the same manner as specified for transportation in and from the area of recruitment.
  • P Upon completion of the employment periods if the workers and their families are not housed in an FSA camp, they must be immediately returned to the area of recruitment, unless they are immediately transported to another area of employment or the new employer arranges with the previous employer to continue to house them. Regardless of who provides the housing, workers will not be retained in an area of employment for an indefinite period of time in the hope that further work will be available.
  • Q For workers to be returned to the area of recruitment prior to the termination of the employment agreement, (Form FSA 500), the Transportation assistant (Finance) in the area of employment will prepare Form FSA-504, "Employment Termination Agreement", in an original and one copy for each such worker. The Transportation assistant (Finance) and the worker will both sign both the original and one copy of Form FSA-504, the copy will be given to the worker and the original, with the original of Form FSA-500 will be forwarded to the regional Communications and Records section at Montgomery, Alabama, for filing.
  • R For those domestic workers who are not moved to a new area of employment and who do not desire to be transported back to the area of recruitment, the Transportation assistant (Finance) in the area of employment will prepare Form FSA-503, "Return Transportation Release", in an original and one copy. Both the Transportation assistant (Finance) and the worker will sign both the original and copy of Form FSA-503, the copy will be given to the worker and the original will be forwarded with the Form FSA-500 to the regional Communications and Records section at Montgomery, Alabama, for filing.
  • S When the workers and their families have been delivered to the place or places where they are to be housed, the Transportation assistant (Finance) will be responsible for seeing that the "Field Cost Report", Form FSA-210 is prepared and forwarded in accordance with FSA Instruction 368.5.

5

VI SUBSISTENCE:

    VI SUBSISTENCE:
  • A If after arrival at the place of housing, a worker is unable to provide subsistence for himself and his family prior to the time when he has worked and been paid, or during periods of unemployment between employers' contracts, or during periods of unemployment due to weather conditions, and so forth, he may be given emergency subsistence grants in the form of SMA (Surplus Marketing Administration) food stamps, if it is possible to use stamps and if not, by check or in cash. Combinations of stamps and cash may be used if stamps are available but there is need for items other than food.
  • B Unless otherwise directed by the Chief of the Migratory Camp section, Washington, D. C., if there is a grant office in the vicinity, the responsibility for determining the amount and kind of grant will rest with the grant officer. If there is no grant office but the workers are housed in an FSA camp, the camp manager will assume this responsibility.
  • C When either the grant officer or the camp manager makes the grant and food stamps are used or the grant is made by Government check, he will use the standard grant is in the form of currency, a Transportation assistant who is an agent-cashier will distribute the cash in the amount determined by the grant officer or camp manager. Grants will be made in cash only where SMA food stamps are not available and checks could not be received in time to meet an immediate need.
  • D When neither a grant officer or camp manager is available or authorized, the Transportation assistant will both determine the amount and kind of grant to be given and distribute the stamps or cash as the case may be.
  • E The amount of grant aid per person per day should be in accordance with the standards established for migratory workers (where they exist) or the standards used in the RR program.
  • F When workers and their families are housed in FSA camps, the camp manager will be responsible for medical care and their general well being. When they are living in housing provided by the employer, the Transportation assistant will be responsible.
  • G All grants as described above are "indirect" grants as defined in FSA Instruction 368.5 and may be made only against an approved Work Order for this purpose, estimated and requested by the Transportation supervisor in the area of employment.
  • H Transported workers will not be required to execute Work Agreements with the FSA in recognition of subsistence grants while they are under this program.

VII EMPLOYMENT, TIME, AND EARNINGS RECORDS:

    VII EMPLOYMENT, TIME, AND EARNINGS RECORDS:
  • A The Transportation assistant (Finance) in the area of employment will provide the employer with a supply of Form FSA-507, "Work Ticket", and Form FSA-508, "Time and Earning Report", which the employer will be required to use in receipting for time and work, and scheduling the weekly earnings of transported workers.

  • [5 verso]
  • B Daily, the employer or his foreman will give each worker a receipt for his time and work. Form FSA-507 will be executed in an original and one copy. The original will be given to the worker and the copy will be retained by the employer for posting to Form FSA-508. To provide a record of days on which the employer had work for a worker, which he was unable to accept because of illness, Form FSA-507 may be prepared by the employer in the usual way except that in the space provided for hours worked, and so forth, there will be inserted a statement that the worker was sick and unable to work on this day or for so many hours of the day as he could not accept work. The worker will be asked to sign Form FSA-507 under this statement.
  • C Any advances made by the employer against the worker's earnings will be evidenced by a receipt signed by the worker and posted to Form FSA-508.
  • D Weekly, the employer will prepare Form FSA-508 to cover the earnings of all transported workers assigned to him. Form FSA-508 will be prepared in an original and one copy and will be supported by copies of Form FSA-507, Work Tickets, and receipts for advances. Any other deductions will be explained by footnotes describing the nature and basis thereof.
  • E As each worker is paid he will be required to sign Form FSA-508 beside the itemized statement of his earnings as evidence of his receipt of the net payment shown thereon. After payment and signing of Form FSA-508 by the workers, the Transportation assistant (Finance) will examine the original of Form FSA-508 for signatures and possible remarks noted thereon by the workers. The Transportation assistant (Finance) will receive from the employer the copy of Form FSA-508, attach any memoranda or comments, and forward it to the regional director.
  • F The twenty per cent deduction from earnings of Mexican workers will be collected by the Transportation assistant (Finance) in a lump sum for each week, and will be scheduled and deposited in accordance with paragraph IX, herein.
  • G For corrections of errors in payments (either over or under payments), a supplemental time and earnings report will be used for each week in which an error in payment occurred, and such supplemental report will list only the worker whose payment was in error, and the net adjustment (in the appropriate column for the day of the week to which the adjustment applies). Overpayments will be shown as deductions on the next weekly time and earnings report, with a footnote reference thereon, to the supplemental report. For underpayments, net cash payments, and, for Mexican workers, payment of twenty per cent deductions, will be made as in the case of a regular weekly payment.
  • H At the end of the employment period, the Transportation assistant (Finance) will review the originals of Form FSA-508 for the period to determine the extent of liability of the employer for periods of unemployment under the wage guarantee in the agreements with the employer and transported workers, and will discuss such computations with the employer, who will be expected to make the additional payments at that time.
  • I If the employer cannot or will not make the additional payments directly to the workers, the Transportation assistant (Finance) will notify the regional director through the Transportation supervisor in the area of employment, forwarding the details of his computations, and will request the
    6
    regional director to prepare Form FSA-FI 58 to cover the payments as direct grants. The voucher will be prepared to list the workers individually and will request the Disbursing officer to mail the checks in care of the Transportation supervisor in the area of employment or area of recruitment, whichever is appropriate, for delivery to the workers.
  • J The regional director will forward the letter from the Transportation assistant (Finance), the "Public Voucher for Direct Relief, Stricken Agricultural Areas", Form FSA-FI 58, and the copies of Form FSA-508 for the employment period concerned to the Chief, Migratory Camps section, MA Division, Washington, D. C.
  • K The Chief, Migratory Camps section, Washington, D. C., will review the file and sign Form FSA-FI-58, recommending payment as listed thereon, will forward the Form FSA-FI 58 to the Finance area manager at Montgomery, Alabama, with the supporting Forms FSA-508 for the employment period, for certification and payment.
  • L The Chief, Migratory Camps section, Washington, D. C., will prepare, for signature by the Director, MA Division, a letter to the employer advising that the grant checks are being drawn, and demanding payment by the employer to the government of an amount equal to the total of such grants which are chargeable to him under his agreement. This letter will direct that the employer's check be sent to the Finance area manager at Montgomery, Alabama. This letter will be supported by a schedule of the computations of the amounts due each worker to whom a grant is being made.
  • M Upon signature of the letter to the employer by the Director, MA Division, a copy will be sent to the Finance area manager at Montgomery, Alabama. Subsequent follow-up of the account will be made by the Finance area manager, with a copy of such follow-up letter being provided for the Director, MA Division.
  • N For employer's accounts not settled at the end of thirty days the Finance area manager at Montgomery, Alabama, will advise the Director, MA Division, who will consult the office of the Solicitor regarding further proceedings for enforcement of the collection. The Finance area manager at Montgomery, Alabama, will, at this time, forward to the Director, MA Division, the copies of Form FSA-508 for the period concerned, and other pertinent papers.

VIII COMPLIANCE, ENFORCEMENT, AND LABOR RELATIONS:

    VIII COMPLIANCE, ENFORCEMENT, AND LABOR RELATIONS:
  • A Wages and Wage Payments.
    • 1 The duplicate copy of the Time Report for Employees which has been audited by the Transportation assistant (Finance) will be transmitted through the Transportation supervisor in the area of employment for filing in the regional office and will be available for examination by the regional LR specialist at any time. Any violations of established wage rates (hourly or piece work) will be indicated on the form at the time of audit.

    • [6 verso]
    • 2 Irrespective of whether an examination of the Time Report for Employees indicates any apparent violation of the agreement or not, periodic visits (not less than one every 10 days) will be made by the regional LR specialist to the farm on which the transported workers are employed for the purpose of ascertaining the possible existence of violations not indicated by an examination of the Time Report.
    • 3 All violations shall be reported by the regional LR specialist to the regional director who will make representations directly to the employer in an effort to eliminate and rectify the abuses. If the employer refuses to make restitution or correct the non-compliance, the use of the entire force of transported workers shall be declared available for employment on other farms and the names of the recalcitrant employers shall be transmitted by the regional director to all USES offices in the area for appropriate action by the USES. This may take the form of refusal to fill orders of such employers, or, at least informing prospective employees of the unsatisfactory status of the employer.
    • 4 Workers who are charged with incompetence or who are accused of violating the terms of their employment agreements, shall be reported by the employer to the regional LR specialist or the regional director. The regional LR specialist shall make an investigation and report his findings and recommendations to the regional director. If violations are confirmed, in the case of domestic workers the worker shall lose his right to return transportation, and in the case of Mexican workers the worker shall immediately be returned to the area of recruitment in Mexico.
    • 5 The necessity for additional wage payments to satisfy the guarantee of 75 per cent employment will be determined by an examination of the Time Reports for any one employee at the expiration of the cooperative employment agreement. The determination will be made by the Transportation assistant (Finance) and may be checked by the regional LR specialist.
  • B Child Labor.
    • 1 The regional LR specialist will check for compliance with the provisions of the contract with the employer with respect to child labor and with federal and state laws applicable thereto. Violations will be reported as described in paragraph VIII A 3 above.
    • 2 In the event of continued violations of the child labor provisions, the employer's right to employ the family to which the minor is attached shall be canceled. In the case of domestic workers, return transportation of the family at the expense of the FSA shall be forfeited, and in the case of Mexican workers the family shall be immediately returned to the area of recruitment in Mexico.
  • C Housing, Sanitation, and Other Living Conditions. The regional LR specialist shall on his periodical visits, investigate the adequacy of the living conditions of the workers and their families and the compliance of the employer with the conditions of the housing inspection report. Improvements needed to meet the minimum standards shall be suggested to the employer and reported to the regional director. The regional director will formally notify the employer of the violation and required improvements, and will advise him that if the improvements are not made within a week, the particular unit or units will be declared unfit for habitation and the affected workers will be made available for employment on other farms.

  • 7
  • D Labor Relations, Mediation, and Other Methods of Enforcement.
    • 1 Workers shall have the right to elect their own representative to deal with the employer, provided that in the case of Mexican workers such representatives are working members of the group, and to submit their complaints and grievances for adjustment directly to the employers or to the regional LR specialist. They shall further have the right to appeal to the FSA regional director.
    • 2 The regional LR specialist or any other representative of the FSA nominated by the regional director shall be authorized to deal with the employer on all questions affecting the working and living conditions of transported workers. In the event that grievances cannot be adjusted by the worker or his representative in direct negotiation with employers, or by the regional LR specialist or the regional director, the latter shall submit the dispute to a board of mediation. The board of mediation shall represent the workers, the employer, and the FSA. There shall be no stoppage of work and no lockout while mediation is in progress. If the employer refuses to mediate the dispute, or in the event mediation fails, the FSA member will forward his recommendations to the regional director for appropriate action as provided in paragraph VIII A 3 above.

IX CASH COLLECTIONS AND REFUNDS:

    IX CASH COLLECTIONS AND REFUNDS:
  • A General. The agent-cashiers Bond Treasury Form No. 1671 E, revised, covers only disbursing activities. Under no circumstance will an agent-cashier ever make collections of any kind unless directed to do so (other than the collection of a disallowed amount). If it is determined that he is to make collections, it will be necessary that he file an additional bond with the FSA. This type of bond will be supplied by the Director of the MA Division for domestic labor or by the Coordinator of Mexican Agricultural Labor Migration and the regular bonding procedure for collecting officials will apply.
  • B Receipts. All collections will be acknowledged by a receipt prepared by the collecting official in an original and one copy. No special form will be required for this purpose. Receipts may be either typed or purchased locally, and must adequately describe the form of remittance, (cash, check, or money order), purpose thereof, and for other than cash, the name of the maker thereof and serial number if any. The original of the receipt will be given to the remitter, and the copy will be attached to the copy of "Schedule of Collections", Standard Form No. 1044 to be forwarded to the Finance area office.
  • C Scheduling Collections.
    • 1 All collections taken in during any one day will be included on Standard Form No. 1044 prepared in an original and six copies as follows:
      • a Schedule No. - A serial number starting at 1 for each Transportation supervisor.
      • b Sheet No. "1" of "1".
      • c Department of Establishment - U. S. Department of Agriculture
      • d Bureau or Office - Farm Security Administration

      • [7 verso]
      • e Received by - G. F. Allen, Chief Disbursing Officer, at Atlanta, Georgia for domestic labor, and at Denver, Colorado for Mexican Labor.
      • f Period - Leave this space blank.
      • g D. O. Symbol No. - This number will be furnished by contacting the Finance area manager at Montgomery, Alabama for domestic labor, and the Finance area manager at Denver, Colorado for Mexican labor.
      • h Date Received. Accounting day for which the Schedule is being prepared.
      • i Receipt Number. Start with number 1 for each Transportation supervisor.
      • j Name of Remitter and Detail Description of Purpose for which collections were received - "Collections for 200 mile guarantee at $5.00 per worker" or "20% deductions from earnings of Mexican agricultural workers as per attached list in detail".
      • k Amount - The total of all collection receipts issued during the accounting day.
      • l Funds to be Credited - Special Deposits - The proper number will be obtained from the Area finance office at Denver, Colorado for Mexican labor, and at Montgomery, Alabama for domestic labor.
      • m Total - The total of the Amount Column.
      • n Forwarded - The date on which the Schedule is transmitted to the Disbursing officer.
      • o By - Name of collecting official.
      • p Title - Title of collecting official.
      • q All other items will be left blank.
    • 2 Distribution of Schedule Copies. The original and six copies of the schedule of collections will be distributed as follows:
      • a Original and three copies to the Disbursing officer. To these copies will be attached the money order or checks. Two copies will be returned by the Disbursing officer to the Finance area manager who will mail one copy to the collecting official as a receipt.
      • b One copy with copies of supporting receipts to the Finance area manager.
      • c One copy to the Finance area manager for transmittal to the regional Communications and Records section.
      • d One copy to be held by the collecting official.

  • 8
  • D Depositing Collections with Disbursing Officers.
    • 1 The collecting official will transmit all of one day's collections with the proper number of schedules of collections as provided in paragraph IX C above, directly to the appropriate U. S. Treasury Disbursing office by first class mail. Personal checks, certified checks, bank drafts and money orders will be transmitted as received and the collecting official will convert any cash received into postal money orders payable to the Treasurer of the United States.
    • 2 The collecting official will make himself known to the local postmaster by means of his identification card, and will prepare an application or applications for sufficient number of postal money orders of one hundred dollars ($100) each and/or one money order of less than one hundred dollars, ($100) to balance to the total of cash presented, payable to the Treasurer of the United States and drawn on the postmaster of the city in which the U. S. Treasury Disbursing officer is located.
      • a Fees covering the purchase of postal money orders will be paid by means of Standard Form No. 1034, "Public Voucher for Purchases other than Personal". One copy of Standard Form, No. 1034 and three yellow copies of Standard Form No. 1034a will be prepared, by the collection official. Receipt stubs for postal money orders purchased must be attached to the original of the voucher given to the postmaster, together with two yellow copies of Standard Form No. 1034a. A notation will be made on the face of the postal money order application reading, "Fees paid by Standard Form No. 1034". If required by the postmaster, one additional copy of Standard Form No. 1034a will be made for his files.
      • b The postmaster, at the close of business on the last day of each month will transmit the original and two yellow copies of the Voucher or Vouchers with the receipt stubs attached, in an envelope addressed to the Finance area manager in Montgomery, Alabama for domestic labor and to Denver, Colorado for the Mexican labor.
      • c Where possible, checks will be drawn payable to the Treasurer of the United States; such checks require no endorsement by the collecting official. Checks made payable to the Farm Security Administration should be endorsed by the collecting official:

"Pay to the Order of Treasurer of the United States

FARM SECURITY ADMINISTRATION"

Checks made payable to the order of a person other than the Treasurer of the United States or the Farm Security Administration should be endorsed by the last holder as follows:

"Pay to the Order of Treasurer of the United States

(signature of the last holder)"


[8 verso]
  • E Uncollectible Checks. When a check previously deposited and included on a schedule of collections is returned as uncollectible, it will be forwarded to the collection official with a copy of the Schedule of Uncollectible checks, Standard Form No. 1047 by the Finance area manager. The check will be returned to the original remitter only upon receipt of an amount sufficient to redeem it.
  • F Refunds If it is found necessary to make a refund to an employer, the collecting official will write a letter giving all facts to the Finance area manager at Montgomery, Alabama, for domestic labor, or at Denver, Colorado for Mexican labor requesting that the refund be given by means of a Standard Form No. 1047, "Public Voucher for Refunds", from the Special Deposits Account.
  • G Transferring Deductions for Mexican Workers.
    • 1 Transfers of savings deductions from the Special Deposits Account to the Mexican Banking Institution designated to handle such savings will be made by Standard Form No. 1047 drawn in favor of the Mexican Bank and supported by the detail listing of workers and amounts.
    • 2 In the appropriate space on Standard Form No. 1047 will be inserted the notation:
    • "This refund is made pursuant to the `Arrangement for the Temporary Migration of Mexican Agricultural Workers into the United States' concluded between the United States and Mexican Governments by the formal exchange of notes on August 4, 1942."

Attachments:
Exhibits A and B


1

Exhibit A: Check Sheet for Inspection of Housing and Sanitary Facilities

figure


1

Exhibit B: Advice of Approval of Housing and Sanitary Facilities for Agricultural Workers

FSA Instruction 478.3 (Form FSA-506)
8-25-42

UNITED STATES DEPARTMENT OF AGRICULTURE
FARM SECURITY ADMINISTRATION
Advice of Approval of Housing and Sanitary
Facilities for Agricultural Workers
__________
(Date)
To: U. S. EMPLOYMENT SERVICE
Attention: __________
__________
(Address)

The housing and sanitary facilities of __________ inspected at __________ are approved for the residence of transported workers under the Farm Labor Transportation Program, provided that the total number of persons housed in these facilities does not exceed single persons, and separate family groups as shown on the reverse hereof, during the time transported workers are housed.

The "itemized notice" on the reverse shows the approved capacity for each separate room, cabin, or unit, stated in terms of (a) maximum size of the family which may be housed there, and (b) maximum number of single persons who may be housed there.

If this employer makes necessary arrangements with the USES in support of his order for transported workers, the Farm Security Administration under its Transportation Program will attempt to bring into the area for employment by him and residence in these facilities, a total of not more than __________ persons (workers and non-working members of their families).

These transported workers, and their family members, are to be housed in the facilities here certified, provided that during the period when they are so housed, the total number of all persons living in these facilities does not exceed the limits certified for each unit on the reverse hereof.

We wish to call attention to the fact that the FSA Farm Labor Transportation Program does not concern itself with the number of persons or families housed in these facilities, excepting during the periods when transported workers are in residence.

(The following does not apply if there is no FSA migratory labor camp in the area)

In addition to the above transported workers or families who may be housed in these facilities, this employer may house __________ persons, provided these additional persons are housed in the FSA camp at __________ and are supplied by him with necessary transportation daily between that camp and the site of their employment.

Sincerely yours,
(Signed)__________
Regional Director

__________
(Address)


2

FSA Instruction 478.3

The housing facilities of ____________________, at _______________________
are certified as residence for: __________________________________

                                   
Type and Designation, or Location, of Shelter  One family of not more than: OR  Single Persons to the number of not more than: 
(1) 
(2) 
(3) 
(4) 
(5) 
(6) 
(7) 
(8) 
(9) 
(10) 
(11) 
(12) 
(13) 
(14) 
(15) 
(16) 

Single persons not to exceed ___ (or the equivalent in family groups, as below)

Or, not more than ___ separate family groups, of which ___ may include up to ___ members

And ____ may include up to ____ members

And ____ may include up to ____ members

And ____ may include up to ____ members

And ____ may include up to ____ members


1

[Letter from G. Sussman to J.I. Armstrong, n.d.]

PRA244 133 GOVT-CA PORTLAND ORG 25 1003A
JOHN I ARMSTRONG-
30 VAN NESS AVE SFRAN-

RETEL. ONE NO AGREEMENT WAS REACHED OR IMPLIED WHICH WOULD
REQUIRE ARIZONA COTTON GROWERS TO PROVIDE COMPENSATION
INSURANCE COVERING MEXICAN WORKERS. AGREEMENT WAS MEXICAN
WORKERS WOULD RECEIVE SAME TREATMENT AS DOMESTIC WORKERS.
EXTREMELY DESIRABLE ADMINISTRATIVELY THAT ARIZONA COTTON
GROWERS PROVIDE COMPENSATION INSURANCE OR COME UNDER
STATE COMPENSATION ACT IF PERMITTED BY STATUTE. NO
REQUIREMENT FOR SUCH INSURANCE IF DOMESTIC WORKERS. ARE
TRANSPORTED. TWO INTENT OF ORIGINAL MEXICAN AGREEMENT AND
OF WORK AGREEMENT THAT THIRTY CENTS PER HOUR MINIMUM BE
PAID ANY EVENT. PERIOD APPLICABLE SHOULD BE SINGLE PAY
PERIOD THAT IS ONE WEEK THUS MEXICAN WORKERS SHOULD
RECEIVE AT LEAST AVERAGE OF THIRTY CENTS PER HOUR FOR
ALL HOURS WORKED DURING EACH WEEK. THIS WILL PERMIT THEIR
EARNING LESS THAN THIRTY CENTS FOR A PARTICULAR HOUR DURING
A PARTICULAR WEEK. CONFIRMING LETTER FOLLOWS-

GILBERT SUSSMAN.


1

[Letter from J.I. Armstrong to G. Sussman, September 24, 1942]

521-5
9/25/42 A

MR. GILBERT SUSSMAN
REGIONAL ATTORNEY
FARM SECURITY ADMINISTRATION
TERMINAL SALES BUILDING
PORTLAND, OREGON

September 24, 1942
4:20 P.M.

TWO QUESTIONS FROM ARIZONA RE COTTON PICKERS. ONE - WAS ANY AGREEMENT REACHED OR IMPLIED IN NEGOTIATIONS IN MEXICO WHICH WOULD REQUIRE ARIZONA COTTON GROWERS TO PROVIDE COMPENSATION INSURANCE COVER MEXICAN WORKERS INASMUCH AS STATE COMPENSATION LAWS SPECIFICALLY EXEMPT AGRICULTURAL WORKERS? DO YOU KNOW OF ANY REQUIREMENT FOR SUCH INSURANCE IF TRANSPORTED WORKERS CAME FROM DOMESTIC SOURCES? TWO - ALTHOUGH PIECE RATE COTTON PICKING WORKER OF AVERAGE ABILITY WOULD AMOUNT TO MORE THAN THIRTY CENTS PER HOUR PROBABLY MANY MEXICAN WORKERS BECAUSE OF INEXPERIENCE WITH COTTON WOULD BE UNABLE DURING INITIAL PERIOD OF EMPLOYMENT TO AVERAGE EVEN THIRTY CENTS PER HOUR. MUST GROWERS GUARANTEE MINIMUM OF THIRTY CENTS FOR EVERY HOUR OF EMPLOYMENT? IF NOT IS IT NECESSARY THAT EVERY WORKER UPON COMPLETION OF PERIOD OF EMPLOYMENT HAVE EARNED AN AVERAGE OF AT LEAST THIRTY CENTS PER HOUR FOR ALL HOURS WORKED? IN THIS CONNECTION WORK AGREEMENT WITH MEXICAN WORKERS SPECIFICALLY PROVIDES "SAID WAGES WILL IN NO EVENT BE LESS THAN THIRTY CENTS (AMERICAN CURRENCY) PER HOUR." ADVISE.

JOHN I. ARMSTRONG


1

[Letter J.I. Armstrong to J. Farr, September 25, 1942]

R9-FSA-JIA
Account 521-6
9/25/42 P
Sept. 25, 1942
2:55 P.M.

Mr. Jesse Farr, Regional Attorney
Farm Security Administration
Industrial Building
Phoenix, Arizona

ADMINISTRATIVELY DETERMINED COTTON GROWERS SHOULD PROVIDE COMPENSATION INSURANCE IF TRANSPORTED WORKERS ARE MEXICANS. NOT REQUIRED IF DOMESTIC WORKERS ARE TRANSPORTED. AVERAGE HOURLY EARNINGS FOR MEXICANS WORKERS DURING ANY ONE WEEK MAY NOT BE LESS THAN 30¢ PER HOUR THUS HOURLY EARNINGS DURING FIRST FEW DAYS MIGHT BE LESS IF MADE UP DURING LATTER PART OF FIRST WEEK.

JOHN I. ARMSTRONG
JIArmstrong:EX
9/25/42


1

RECRUITMENT OF MEXICAN WORKERS

(Functions of Recruitment Crews)

I RECRUITMENT PRELIMINARIES

  • A. Certification and Authorization
    • 1. Employers request labor
    • 2. USES Field Office:
      • a. Determines need
      • b. Transmits order to USES Regional office
    • 3. USES Regional Office:
      • a. Determines availability of domestic labor
      • b. Transmits order for Mexican labor to USES National Director
      • c. Includes detailed data regarding:
        • 1) Number of workers needed
        • 2) Prevailing Wages
        • 3) Place of employment
        • 4) Period of employment
    • 4. USES National Director notifies FSA Administrator
    • 5. FSA Administrator notifies of his approval:
      • a. USES Regional Director
      • b. Coordinator of Mexican Agriculture Labor Migration
    • 6. Coordinator directs MA Director to certify housing and execute Cooperative Employment Agreements.
  • B. Recruitment Arrangements
    • 1. Coordinator wires FSA Mexican Representative (through U.S. Embassy).
      • a. Number Mexican workers needed
      • b. Employment area
      • c. Destination point
      • d. Employment period
      • e. Crop
      • f. Names of Recruitment Crew to be despatched.
    • 2. FSA Representative consults Mexican Government
    • 3. Mexican Government designates
      • a. Recruitment area
      • b. Number of workers permitted to migrate
    • 4. FSA Representative will:
      • a. Wire Coordinator:
        • 1) Describing Recruitment Area
        • 2) Describing Recruitment Point (City)
        • 3) Advising date and location of Recruitment Crew arrival
      • b. Proceed to Recruitment Point and
        • 1) Arrange for adequate office space
        • 2) Initiate publicity, with advice and consent of Mexican authorities.
    • 5. Coordinator despatches Recruitment Crew
    • 6. Crew reports to the recruitment point in Mexico, continues publicity and begins recruitment process.

2

II RECRUITMENT PROCESS

  • A. Crew Member Outside Office:
    • 1. Read posters aloud
    • 2. Dismisses obviously ineligible
    • 3. Answers general questions
    • 4. Directs others to receptionist
  • B. Receptionist:
    • 1. Filters obvious ineligibles
      • a. Under 16 years of age
      • b. Very old
      • c. Women
      • d. Family men who cannot leave their families
      • e. Non-agricultural workers
      • f. Non-native Mexican citizens
      • g. Those admitting arrest in United States
  • C. Waiting Room:
    • 1. Clerk takes names on routing cards
    • 2. Crew member gives further explanation
    • 3. Clerk hands applicant routing card and directs to doctor
  • D. Public Health Doctor:
    • 1. Examines to eliminate physically unfit
    • 2. Notes decision on routing card and initials
    • 3. Dismisses unfit
    • 4. Hands applicant card and directs to FSA Interviewer
  • E. FSA Interviewer:
    • 1. Completes general and occupational data on routing card
    • 2. Dismisses ineligibles
      • a. Non-agricultural workers
      • b. Family men, etc.
    • 3. Initials routing card
    • 4. Hands to applicant and directs to immigration officer
  • F. Immigration Officer:
    • 1. Interviews and eliminates ineligibles
    • 2. Prepares 3×5 Entry Permit Card
    • 3. Photographs
    • 4. Fingerprints
    • 5. Initials routing card
    • 6. Hands to applicant and directs him to FSA Contract Agent

  • 3
  • G. FSA Contract Agent:
    • 1. Explains contract terms
    • 2. Clerk meanwhile types contract
    • 3. Applicant executes contract
    • 4. Contract Agent executes contract
    • 5. Witnesses sign contract
    • 6. Contract Agent initials routing card
    • 7. Hands card to applicant and directs him to FSA Transportation Supervisor.
  • H. FSA Transportation Supervisor
    • 1. Explains train schedule, arrangements, etc.
    • 2. Hands applicant serially-numbered trip envelope and necessary number of baggage tags.
    • 3. Numbers routing card and contracts with numbering machine to correspond with envelope number.
    • 4. Instructs applicant of date, hour and location of assembly points and car number where he is to report ready for travel.
    • 5. Dismisses applicant
    • 6. Hands routing card to clerk.
  • I. Clerk:
    • 1. Prepares train car envelope lists, one for each car
    • 2. Files routing card alphabetically
    • 3. Files rejected cards (picked up from Doctor, Interviewer, Immigration Officer, Contract Agent and Transportation Supervisor) separately.
  • J. Authorization
    • 1. Immigration officer mails 3×5 Entry Permit Cards to border
    • 2. Border returns cards, indicating rejections.
    • 3. Immigration officer signs approved cards.
    • 4. Doctor signs approved cards.
    • 5. Crew Manager signs approved cards
    • 6. Clerk staples one copy of cards to one copy or contracts
    • 7. Seals rejected contracts in envelope
    • 8. Clerk cancels rejected names on train car envelope list
    • 9. Clerk inserts loose contracts and cards in respective train car envelopes.
    • 10. Clerk clips stapled cards and contracts to outside of respective train car envelopes.

4

III TRANSPORTATION PROCESS:

  • A. Arrangements:
    • 1. During the recruitment process, a Transportation Supervisor will, with the cooperation of railway personnel and a representative of the United States Office of Defense Transportation, arrange for required trains and cars at designated times and loading points.
    • 2. In the event of delayed train schedules at assembly points, the Transportation Supervisor will be responsible for arranging for food and shelter for waiting workers.
  • B. Assembly:
    • 1. Collect workers at assembly point, separating out those without envelopes.
    • 2. Group workers by car envelope list.
    • 3. Transportation Supervisor on platform calls names and numbers by cars.
    • 4. Doctor at train door checks worker using routing cards.
    • 5. Transportation Supervisor in vestibule identifies worker with picture on Entry Permit card.
    • 6. Inserts Entry Permit card and stapled contract in worker's envelope.
    • 7. Admits worker into car.
    • 8. Train sealed.
  • C. Trip:
    • 1. Transportation Supervisor explains working conditions, need for electing leader, etc.
    • 2. Workers elect leaders in groups of from 25 to 50.
    • 3. Change trains at border.
      • a. Sterilize baggage if required.
      • b. Check off and on.
  • D. Arrival at Destination Point:
    • 1. Half a day before arrival, Assistant FSA Field Agent boards train with Employment Distribution envelopes.
    • 2. Assistant Field Agent and Transportation Supervisor arrange distribution of workers to trucks and camps.
    • 3. Train arrives at destination; met by Field Agent in Charge and employers' trucks.
    • 4. Transportation Supervisor transfers Case Records to Field Agent.
    • 5. Transportation Supervisor and Field Station Staff load workers on employers' trucks.
    • 6. Transportation Supervisor joins Field Station Staff.

5

IV DISTRIBUTION

  • A. Transportation to Housing
    • 1. Field Supervisor loads on employers' trucks
    • 2. Trucks take groups to camps
    • 3. Assistant Field Supervisors immediately make rounds of camps to insure:
      • a. Adequate housing arrangements
      • b. Adequate food arrangements
      • c. Placement of names on payrolls
      • d. All present

1

CASH COLLECTION AND REFUNDS (PROGRAM FOR THE RECRUITMENT AND TRANSPORTATION OF DOMESTIC AND MEXICAN AGRICULTURAL WORKERS)

DISTRIBUTION: All Recruitment Crew Members.
(9-7-42)
FSA Instruction 478.3

I GENERAL:

The Agent-Cashiers Bond, Form 1671E, revised, covers only Disbursing Activities. Under no circumstances will an Agent-Cashier ever make collections of any kind unless directed to do so (other than the collection of a disallowed amount). If it is determined that he is to make collections, it will be necessary that he file an additional bond with the Farm Security Administration. This type of bond will be supplied by the Director of the Management Division for Domestic Labor or by the Coordinator of Mexican Agricultural Labor Migration.

II SCHEDULING COLLECTIONS:

  • A All collections taken in during the day will be included on a schedule of collections, Standard Form 1044 (see exhibit) for that day. This form will be supplied in snap-out packs containing the requisite original and six copies, and will be made up as follows:
    • 1 Schedule No. - A serial number starting at 1 for each Transportation Supervisor.
    • 2 Sheet No. "1" of "1".
    • 3 Department or Establishment - U. S. Department of Agriculture.
    • 4 Bureau or Office - Farm Security Administration.
    • 5 Received by - G. F. Allen, Chief Disbursing Officer, at Atlanta, Georgia, for Domestic Labor, and at Denver, Colorado, for Mexican Labor.
    • 6 Period - Leave this space blank.
    • 7 D. O. Symbol No. - This number will be furnished by contacting the Assistant Chief Fiscal Officer at Montgomery, Alabama, for Domestic Labor, and the Assistant Chief Fiscal Officer at Denver, Colorado, for Mexican Labor.
    • 8 Date Received - Accounting day for which the schedule is being prepared.
    • 9 Receipt Number - Start with number 1 for each Transportation Supervisor.

    • 2
    • 10 Name of Remitter and Detail Description of Purpose for Which Collections were received - "Collections for 200 mile guarantee at $5.00 per person."
    • 11 Amount: The total of all collection receipts issued during the accounting day.
    • 12 Fund to be Credited: Special deposits - the proper number will be obtained from the Area Finance Office at Denver, Colorado, for Mexican Labor, and at Montgomery, Alabama, for Domestic Labor.
    • 13 Total: The total of the Amount Column.
    • 14 Forwarded: The date on which the Schedule is transmitted to the Disbursing Officer.
    • 15 By: Name of collection officer.
    • 16 Title: Title of collection officer.

All other items will be left blank.

  • B Distribution of Schedule Copies: The original and six copies of the schedule of collections will be distributed as follows:
    • 1 Original and three copies to the Disbursing Officer. To these copies will be attached the Money Order or checks. Two copies will be returned by the Disbursing Officer to the Assistant Chief Fiscal Officer who will mail one copy to the Collection Official as a receipt.
    • 2 One copy to the Assistant Chief Fiscal Officer.
    • 3 One copy to the Assistant Chief Fiscal Officer for transmittal to Communications and Records.
    • 4 One copy to be held by the Collection Official.

III DEPOSITING COLLECTIONS WITH DISBURSING OFFICERS:

  • A The collecting official will transmit all of one day's collections with the proper number of schedules of collections as provided in paragraph II B above, directly to the appropriate U. S. Treasury Disbursing Office by first-class mail. Personal checks, certified checks, bank drafts and money orders will be transmitted as received and the collection official will convert any cash received into postal money orders payable to the Treasurer of the United States.
  • B The collection official will make himself known to the local postmaster by means of his identification card, and will prepare an application or applications for sufficient number of postal money orders of one hundred dollars ($100) each and/or one money order of less than one hundred dollars, ($100) to balance to the total of cash presented, payable to the Treasurer of the United States and drawn on the postmaster of the city in which the U. S. Treasury Disbursing Officer is located.
    • 1 Fees covering the purchase of postal money orders will be paid by means of Standard Form No. 1034. One copy of Standard Form No. 1034 and three
      3
      yellow copies of Standard Form No. 1034a will be prepared by the collection official. Receipt stubs for postal money orders purchased must be attached to the original of the voucher given to the postmaster, together with two yellow copies of Standard Form No. 1034A. A notation will be made on the face of the postal money order application reading. "Fees paid by Standard Form No. 1034". If required by the postmaster, one additional copy of Standard Form No. 1034a will be made for his files.
    • 2 The postmaster, at the close of business on the last day of each month, will transmit the original and two yellow copies of the voucher or vouchers with the receipt stubs attached, in an envelope addressed to the Assistant Chief Fiscal Officer in Montgomery, Alabama, for Domestic Labor, and to Denver, Colorado, for Mexican Labor.
    • 3 Where possible, checks will be drawn payable to the Treasurer of the United States. Such checks require no endorsement by the Collecting Official.

a Checks made payable to the Farm Security Administration or endorsed by the collecting official:

"Pay to the Order of Treasurer of the United States Farm Security Administration"

b Checks made payable to the order of a person other than the Treasurer of the United States or the Farm Security Administration should be endorsed by the last holder as follows:

"Pay to the Order of Treasurer of the United States (signature of the last holder)"

IV UNCOLLECTIBLE CHECKS:

When a check previously deposited and included on a schedule of collections is returned as uncollectible, it will be forwarded to the Collection Official with a copy of the Schedule of Uncollectible Checks, Standard Form 1044, by the Assistant Chief Fiscal Officer. The check will be returned to the original remittee only upon receipt of an amount sufficient to redeem it.

V REFUNDS:

If it is found necessary to make a refund to a farmer, the collecting official will write a letter giving all facts to the Assistant Chief Fiscal Officer at Montgomery, Alabama, for Domestic Labor, or at Denver, Colorado, for Mexican Labor, requesting that the refund be given by means of a Standard Form 1047 voucher from the Special Deposit Accounts.


1

INSTRUCTIONS FOR AGENT-CASHIERS

(Program for the Recruitment and Transportation of Domestic and Mexican Agricultural Workers)
FSA Instruction 320.1

I DESIGNATION OF AGENT-CASHIER:

  • A An agent-cashier is an employee of the FSA who, having been recommended to the Treasury Department by the Chief, Migratory Camps Section, MA Division, Washington, D. C., or the Coordinator of Mexican Agricultural Labor Migration, has been so designated by the Chief Disbursing Officer and delegated authority to perform certain disbursing functions under paragraph 2, section 4 of Executive Order 6166, dated June 10, 1933.
  • B In the performance of such disbursing activities the agent-cashier is held personally liable and responsible to the Chief Disbursing Officer and the Division of Disbursement.
  • C Each person designated as an agent-cashier must furnish a surety bond, Treasury Form No. 1671E, in the amount of $3500 acceptable to the Secretary of the Treasury, which must be approved before the agent-cashier can function as such. His designation specifies the type of payments that are to be made by the agent. Reimbursements or replenishments of the funds will be made to the agent-cashier upon receipt of expenditure documents as hereinafter provided.
  • D After the proper bond form has been taken out by the agent-cashier, it will be sent via air mail to the Director of the MA Division for domestic labor, or to the Coordinator of Mexican Agricultural Labor Migration. Upon receipt of the form, by the above named officials, the bond will be signed as administratively approving it and it will then be sent to the Chief Disbursing Officer, Mr. G. F. Allen, Attention: Mr. E. J. Brennan, along with a letter.
  • E Agent-cashiers may receive communications from the Division of Disbursement pertaining to matters of disbursement and accounting for advanced funds. Agent-cashiers may communicate directly with the Division of Disbursement in matters pertaining to disbursements and accounting for funds advanced to them. They will, however, send copies of such correspondence to the Director of the MA Division for domestic labor and to the Coordinator of Mexican Agricultural Labor Migration for the Mexican Labor.

II OBTAINING AND SAFEGUARDING CASH:

  • A When the agent-cashier has been advanced funds by checks, he will exchange these checks for cash as the cash is needed. It is suggested that the agent-cashiers use the checks bearing the oldest date (or date of original advance) before using any replenishment checks, as all checks become non-negotiable one year after the close of the fiscal year in which they are drawn.
    [1 verso]
    Any checks in the hands of agent-cashiers which become non-negotiable will cause the agent-cashier difficulty and considerable delay in obtaining replacement as well as cause difficulty in the advance account. Agent-cashiers should, therefore, watch check dates closely and forward any checks to the Chief Disbursing Officer sufficiently in advance of the expiration date of the period of negotiability (approximately one month) to permit that officer to cancel such checks and issue another check as an additional advance, if so requested.
  • B Under no circumstance should agent-cashiers' funds be intermingled with private or other funds. However, as cash is carried at his own risk, the agent-cashier should see that the amount of cash on hand at all times is kept to a minimum consistent with the local available facilities for properly safe-guarding it from loss, by theft, or otherwise. In the event of loss or theft of disbursing funds, all facts should be reported immediately to the Chief Disbursing Officer and the local Secret Service representative.
  • C Whenever possible the agent-cashier should require the use of standard forms or other approved forms of vouchers and receipts for making disbursements.
  • D Funds of agent-cashiers may not be transferred from the agent-cashier to another without prior approval of the Chief Disbursing Officer, as the agent-cashier is individually responsible and accountable under his bond to the Chief Disbursing Officer, for the amount of the advance. Therefore, agent-cashiers who may desire to be absent from their post of duty will give ample notification and account for their funds to the Chief Disbursing Officer prior to their separation or departure.
  • E If a temporary absence is anticipated by the agent-cashier, it would seem that the payment of bills could be so arranged as to permit such absence without the advance of new funds to an alternate. However, the duties of an agent-cashier cannot be delegated. If anyone is permitted to act for the agent-cashier, such act would be at the agent-cashier's risk and without authority or sanction of the Chief Disbursing Officer.
  • F In cases of foreseen and anticipated absence on the part of the regular agent-cashier which is not of a temporary nature, he will make an accounting to the officer who made the advance in order that he may be given credit for the amount disbursed and the balance returned, and the officer who made the advance may then make the full advance to another bonded agent for use during the period of absence of the regular agent-cashier..
  • G If the agent-cashier becomes absent on emergency leave without having accounted for the funds advanced to him, and it is expected that the absence and inability to render an accounting will continue for a considerable
    2
    period of time, an accounting may be prepared and submitted as follows: The officer who made the advances to such agent-cashier will request the Director, MA Division, Washington, D. C., or the Coordinator of Mexican Agricultural Labor Migration as the case may be, to appoint a committee or board of three members to make a statement of the account of the agent-cashier, and such statement, together with paid vouchers and cash, will be forwarded by the committee or board to the officer who made the advance. Such accounting must be submitted for and in the name of the agent-cashier. In such instances, Treasury Form No. 1655, "Statement of Account of Funds Intrusted to Agent-Cashier", will be signed for the agent-cashier by the board member or his successor.
  • H Agent-cashier on Foreign Service.
    • 1 Agent-cashiers on foreign service will be governed by all the foregoing instructions.
    • 2 To obtain cash in foreign currency the agent-cashier will take one or a number of advance checks to the nearest American (United States) Branch Bank or Correspondent Bank, which can be located by contact with the local United States Consular Office. The check will be presented to the Bank for the purchase of the desired foreign currency. A written statement should be obtained from an official of the Bank, setting forth the amount of United States currency exchanged, and the exchange or conversion rate. This rate will then be used in reporting all transactions until the currency obtained thereunder has been expended. If an exchange fee is paid, a receipt shall be obtained therefor from the Bank, and such receipt used as a subvoucher for attachment to petty expense Voucher, Standard Form. No.1034.
    • 3 The foreign currency obtained should be placed in a safe place under the immediate control of the agent-cashier. The United States equivalent of the foreign currency should be recorded in the ledger accounts as explained hereinafter.
    • 4 In the event of loss or theft of Disbursing funds all facts should be immediately reported to the nearest United States Consul and a copy of the report forwarded to the Chief Disbursing Officer and to the Coordinator of Mexican Agricultural Labor Migration.
    • 5 When Vouchers are paid in foreign currency, the amounts due and paid thereon must be stated in foreign currency, and immediately under the approved amount in foreign currency the agent-cashier must show the equivalent value in United States currency, based on the conversion rates in effect at the time the cash was obtained. The conversion rate must also be shown. If the funds from which payments are made were obtained under different conversion rates, the total payments under each rate will be shown separately, the conversion rates indicated, and the total amount paid figured and shown in United States currency accordingly.

    • [2 verso]
    • 6 If the agent-cashier has United States currency as well as foreign currency in his possession he will record the foreign currency separately in an account subsidiary to the cash account, and which must show the conversion rate and United States equivalent. However, if he has no United States currency the cash account will be kept in foreign currency with notation as to the conversion rate and the United States equivalent.

III ACCOUNTS:

  • A The agent-cashier will maintain currently a record of all advances received and cash payments made, using for this purpose Standard Form No.1014M, "Disbursing Office Ledger". This record will be kept in running form, all transactions to be entered thereon as soon as such transactions occur. Postings shall show date, amount, and suitable legend describing the transaction in sufficient detail as to enable ready identification. The following ledger accounts on Standard Form No. 1014M shall be established by the agent-cashier.
    • Debit Accounts
    •     (1) Disbursing Officers' Checks
    •     (2) Cash
    •     (3) Liquidated Vouchers
    • Credit Accounts
    •     (4) Advance Account
  • B Entries will be made as follows:
    • 1 Upon receipt of initial advance checks and replacement checks, the amounts thereof will be posted as a debit to "Disbursing Officers' Checks" and as a credit to "Advances".
    • 2 Upon cashing a check to meet cash requirements, the amount thereof will be posted as a debit to "Cash" and as a credit to "Disbursing Officers' Checks".
    • 3 Upon payment in cash of vouchers, or emergency purchases, each payment itemized as to date and subvoucher number will be posted as a debit to "Liquidated Vouchers" and as a credit to "Cash" in the total amount.
    • 4 Upon transmittal of accounts to the Disbursing Officer who made the advance the total amount of the reimbursement voucher will be posted as a debit to "Advance Account" and as a credit to "Liquidated Vouchers".
    • 5 Upon return of a rejected receipt or subvoucher, the amount thereof will be posted in detail as debits to "Liquidated Vouchers" and the total as a credit to "Advance Account". Where rejected subvouchers are returned because they are incomplete and such subvouchers may be perfected without changing the amounts involved, they may be resubmitted along with other subvouchers in the next account. However, where rejected subvouchers involve a disallowance and collection, the amount shall be collected as
      3
      as soon as possible from the payee or the employee responsible for the erroneous payment. Cash so collected shall be posted as a debit to "Cash" and as a credit to "Liquidated Vouchers".

IV DISBURSEMENTS:

  • A For the purpose of expediting procurement of miscellaneous purchases and incidental expenses (not personal services) where the amount of the individual cash payment is small, the Director of the MA Division for domestic labor or the Coordinator of Mexican Agricultural Labor Migration may request the agent-cashier to make the purchase. In such cases it will not be necessary to prepare a Standard Form No. 1034 "Public Voucher for Purchases other than Personal", in each case. The agent-cashier will obtain from the vendor an itemized receipt for each transaction on Standard Form No. 1012d, "Receipt for Cash", or similar form, or on vendor's invoice. Periodically, these cash receipts will be taken upon reimbursement Voucher, Standard Form No. 1034. In all other cases of miscellaneous purchases or incidental expenses (not personal services), an itemized Voucher, Standard Form No. 1034, bearing signature of vendor in the proper place or accompanied by a properly itemized and certified invoice should be used in each case. Receipt for cash payment should be obtained from the vendor in the space provided at the foot of the original Standard Form No. 1034.
  • B For cash payments in the Republic of Mexico all items of subsistence including clothing, meals, medical care and the rental of office space and equipment shall be accomplished through cash payments. The transportation of the workers and Government employees shall be accomplished, wherever possible, by the issuance of Standard Form No. 1028, "Government Request for Transportation". The rental of office space and equipment and the purchase of miscellaneous office supplies shall be accomplished by cash payment, but such continuing services as the leasing of office space and equipment, telephone and other public utility services or any other services shall be covered by a written form of contract in which appropriate provision shall be made for the payment of the obligations in cash.
  • C For cash payments within the continental limits of the United States, items of subsistence including meals, clothing and incidentals shall be obtained by cash payment only when purchase orders are unacceptable by the vendors, or when the transportation of the farm workers and Government employees by common carrier cannot be accomplished by the issuance of Government Requests for Transportation. All items and services involved in medical care of the workers should be paid for in cash at the time the items are procured or the services rendered. The rental of office space and equipment, the installation of telephone and other public utility services and the shipment of things should be accomplished through the use of standard lease and contract forms and Government bills of lading. Cash payments should be made for the above only when the obtaining of the space or services is unacceptable to the lessors, contractors or carriers. When grant payments are made in cash, a receipt must be obtained from the worker who receives the grant.

[3 verso]

V REIMBURSEMENTS:

  • A Once each month, or more often if necessary, the agent-cashier shall render his account through the Finance area manager (located at Denver, Colorado, for Mexican labor, and at Montgomery, Alabama, for domestic labor) to the Regional Disbursing Officer to restore his working fund to the $1500 balance, accompanied by a covering Voucher in favor of himself on Standard Form No. 1034, on which he will claim reimbursement as per subvouchers attached.
  • B Unless otherwise instructed, agent-cashiers who have been previously authorized by the Chief Disbursing Officer to make various classes of payment, will submit separate reimbursement vouchers and schedules for each of the following:
  • 1 Miscellaneous payments including local purchases of supplies and equipment and rental
    • 2 Payments for subsistence grants
    • 3 Medical care
    • 4 Travel payments
  • C In the body of the Standard Form No. 1034 the subvoucher will be listed by number in serial sequence, date paid, name of vendor and amount. On the face of the Voucher will be shown the total amount and approved amount. The original subvouchers should be securely attached to the original Standard Form No. 1034. The covering Vouchers, Standard Form No. 1034, will be signed by the agent-cashier in the space that would ordinarily be used for the signature of a vendor in connection with the purchase of supplies. When the Standard Form No. 1034 with all attachments arrives in the Finance area office it will be certified, scheduled and sent to the proper Disbursing officer for payment. (The covering Vouchers will be accompanied by a Standard Form No. 1064, "Schedule of Disbursement", in an original and two copies, prepared in the Finance area office, and Treasury Form No. 1655, "Statement of Account Funds Intrusted to Agent-Cashiers", in an original and four copies, prepared by the agent-cashier, one copy of Treasury Form No. 1655 being held by the agent-cashier, three copies for the Treasury Disbursing office and one copy for the Finance area office. If separate reimbursement checks are desired totaling the amount of the claim, the denominations should be specified on the Treasury Form No. 1655.
  • D In the submission of Vouchers which are to be applied in whole or in part to the liquidation of advances or closing of advance accounts, appropriate notation should be made on the Voucher and Schedule and the accompanying Treasury Form No. 1655.
  • E Return of cash to liquidate advances or close the account will be made to the officer who made the advance or deposited in accordance with his instructions and Treasury Form No. 1655 completed to show the action taken.

  • 4
  • F If the authorized certifying officer takes exception to any subvouchers paid by the agent-cashier he should attach to the subvoucher a letter or memorandum stating his reasons for rejection and reduce the amount of the covering Voucher accordingly. The rejected subvouchers with the attachments, however, must be sent to the disbursing officer who made the advance along with the approved Standard Form No. 1034 so that the Disbursing officer may note the exception on the reverse side of Treasury Form No. 1655, and return the rejected items to the agent-cashier. Such rejections taken either by an authorized certifying officer or by a Disbursing officer will be resubmitted on the next Standard Form No. 1034 with the proper explanation under a separate caption entitled, "Resubmission".
  • G Under no circumstances should any administrative or certifying officer change figures or amounts shown on Treasury Form No. 1655.

VI ACTION BY A RESIGNING AGENT-CASHIER IN RETURNING THE CHANGE FUND:

  • A Since the cash advanced to an agent-cashier is not drawn against FSA funds but is paid directly from the Regional Disbursing officer's Official Checking Account, such funds should be returned to this account when an agent-cashier resigns. To accomplish this the following procedure should be followed.
  • B Cash on Hand: Any unused balance should be remitted to the Disbursing officer by postal money order, made payable to the "Treasurer of the United States" and scheduled to the applicable Disbursing Officer's Official Checking Account, through the Finance area office. The name of the agent-cashier for whose credit the deposit is being made should be clearly indicated on the Schedule of Collections.
  • C Receipts on hand should be listed on a Standard Form No. 1034, in the usual manner and payable to the agent-cashier. The Standard Form No. 1034 will be scheduled on Standard Form No. 1064 and processed through the Finance area office to the Disbursing officer from whom the original advance was received.
  • D After the above steps have been completed, all documents, together with the agent-cashier's final "Statement of Funds Intrusted to Agent-Cashiers" (Treasury Form No. 1655) in an original and four copies should be forwarded to the Disbursing officer through the Finance area office. Appropriate notation should be included on the Treasury Form No. 1655, indicating that the Voucher is to be applied to the liquidation of the advance and that the total amount of the documents forwarded in the final accounting equals the total amount advanced to the agent-cashier from the official checking account of the Disbursing officer.

[4 verso]

VII REPORTS:

Treasury Form No. 1655 will be submitted with each Standard Form No. 1034 for reimbursement, replenishment of funds, or advance credit. It must also be submitted once each month, regardless of transactions, to the Disbursing office which made the original advance, so as to reach that office not later than the twenty-fifth of the month. As vouchers and reports are to be submitted through the Finance area office for certification, it will be necessary that they be received by the Finance area office not later than the twenty-second of the month in order that the above date will be met. In addition, the agent-cashier must report through the Finance area office to the Disbursing officer who made the original advance, cash on hand as of December 31, March 30, June 30 and September 30 of each year or whenever requested to do so by the Chief Disbursing Officer or his representative. The cash on hand report should not include paid vouchers on hand.


1

PROJECT DEVELOPMENT AND OPERATING COSTS REGION AND WASHINGTON

FSA Instruction 368.2

I SCOPE:

This instruction prescribes the methods to be used by regional Cost Accounting units for reporting the costs of work performed under Work Orders on projects, the reconciliation of cost accounts and fund accounts, the liquidation of completed Work Orders, the distribution of costs to capital and non-capital expense and to General Ledger accounts as well as those to be used in the Cost Accounting section of the FC Division for the preparation of consolidated cost reports. The principles of cost accounting in the FSA and methods to be used by designated officials in recording, accumulating, consolidating, reconciling and reporting the costs of work performed under Work Orders is presented in FSA Instruction 368.1.

II RECEIVING AND AUDITING FIELD COST REPORTS:

Form FSA 210, "Field Cost Report", should be received from the project within five days after the end of the reporting period. If any report is not received on time, a communication should be sent to the community manager or camp manager reminding him that it is overdue. When Form FSA 210 is received, it will be examined for form, the amounts on both front and back verified, the total reconciliation for all Work Orders under the designated official for the reporting period checked, and adjustments noted for subsequent transfer to the reverse side of Form FSA 212, "Regional Cost Report". The community manager or camp manager should also be advised as to any mistakes in preparing the Form. The Finance regional manager is authorized to write directly to community and camp managers on such matters.

III REGIONAL WORK ORDER LEDGERS:

Form FSA-359, "Regional Work Order Ledger", will be maintained in regional Cost Accounting units as a basis for preparing cost reports and in order to control cost data.

  • A One ledger form will be used for each active "Work Order". Identifying information at the top of the Form will be entered from Form FSA 206, "Work Order". Estimated data will be entered in columns 4, 5, 7, 9, 10 and 12 from Form FSA-206 and Form FSA-206A, "Work Order Change". Cost and quantity completion data will be entered in columns 14, 15, 16, 17, 18 and 21 from Form FSA 210, "Field Cost Report". Cumulative amounts and balances will be currently calculated and entered. Upon the completion of a "Work Order", the balance of material acquired under the "Work Order" and remaining in inventory will be entered in column 20, "Balance of Estimate". In the Case of Work Orders for the acquisition of equipment or furniture and fixtures, types B and C, entries will be made in column 20 at the bottom of the Form as follows: The inventory value of the article consisting of the gross value plus transportation if capitalized will be entered. The amount of the discount will be entered and deducted to give net cost of the article. For a salary commitment Work Order, the Balance of Estimate will be the amount contributed to other Work Orders, and the cost of Work Performed will be the amount for labor not so contributed. Job Order costs will not be entered in this ledger.
  • B Separate ledgers will be maintained for projects reporting for the calendar month and those reporting from the 16th of one month to the 15th of the following month. In each ledger two sections will be maintained: Section I - Work in Process Work Orders and Section II - Completed Work Orders. In each section ledger sheets will be arranged (1) by project, (2) by Work Order type, (3) by Work Order number. Ledger sheets for completed Work Orders will be retained in Section I until the Work Orders have been reported on Form FSA 358 on the basis of either a preliminary or final liquidation, until the changes resulting from the issuance of a liquidation Work Order Change have been posted and until the costs during the final period have been reported on Form FSA 212. When these actions have been completed, the ledger sheet will be removed from Section I and when the recapitulation of completed work on Form FSA 212 has been prepared for the month, will be inserted in Section II.

[1 verso]

IV REPORTING WORK IN PROCESS:

Form FSA 212, "Regional Cost Report", will be used by Finance regional offices for reporting monthly Work Order costs. The Form will be prepared in an original and not less than four copies by the regional Cost Accounting unit for distribution within ten days after the period being reported as follows: Original to the FC Division for the Cost Accounting section, one copy to the issuing official, one copy to the designated official, one copy to regional Communication and Record section and one copy to be retained for the files of the regional Cost Accounting unit. The copy for the issuing official may be referred to the assistant regional director, RP. Additional copies may be prepared as required for special purposes. When uncompleted Contract Work Orders are being reported current copies of Form FSA 167, "Periodical Estimate For Partial Payment NO._____" and Form FSA-BM 178, "Periodical Estimate For Partial Payment No._____" will be attached to the original of Form FSA 212.

  • A One Form will be used for each project. Costs will be reported for each uncompleted "Work Order" and each "Work Order" which was completed during the month being reported. Work Orders will be arranged on the report by Work Order types. Costs for the period will be posted from the corresponding columns of the "Regional Work Order Ledger". For Work Orders completed during the month, entries will be made in column 22, "Balance in Inventory from Work Order", in case more materials were acquired than used under the "Work Order". In the case of completed Work Orders for the acquisition of equipment and furniture and fixtures, types B and C, the inventory value consisting of the gross cost plus transportation if capitalized will be entered in column 22 and the discount will be shown as a separate entry in red in the columns under "Cost of Work Performed".
  • B Job Order costs will not be reported on a monthly basis unless the FC Division specifically requests that they be so reported for certain Work Orders in order to show more complete cost detail. In such cases the Job Order descriptions will be obtained from copies of the Job Orders and the costs will be obtained from the Field Cost Report.
  • C On the reverse side of the Form, the table "Adjustments in Field Cost Report for " will be filled in giving the document reference, type of adjustment, and amounts of adjustments by Labor, Materials, Equipment, Other and Total. This will provide the designated officials with information as to amounts of adjustments and the basis for making them.
  • D A recapitulation of the Work Order costs for the region will be made on Form FSA 212 in an original and one copy. The recapitulation will be prepared in an original and one copy. The original will be signed and forwarded to the FC Division for the Cost Accounting section together with the other reports on Form FSA 212 and the copy will be filed in the regional Cost Accounting unit. Recapitulations will be made for work in process and for completed work according to the project types: (1) Resettlement, (2) Defense, (3) Water Conservation and Utility and (4) Migratory Labor. For each type of project and each reporting period, recapitulations will be made (1) by project, (2) by Work Order type. Recapitulations will be submitted with work in process reports for both the periods ending on the 15th and the last of the month, but completed work will only be recapitulated at the end of the month. Changes resulting from final liquidation following preliminary liquidation will be reflected in reconciliations of completed work. Work Orders completed during a month will be included in the work in process recapitulation for the month and not in the completed work recapitulation.

V REPORTING NON-WORK ORDER COSTS:

Costs for the phases for which Work Orders are not required will be reported through the use of Form FSA 417, "Non-Work Order Expenditure Distribution Report". The Cost Accounting unit will prepare this Form in an original and two copies for each appropriation


2
applicable to one project for each calendar quarter in accordance with directions on the back of the Form. The original and both copies will be signed by the regional Cost Supervisor and the Chief Accountant. Distribution will be made promptly as follows: Original to the Allotment and General Ledger Control unit, first copy to the FC Division for the Cost Accounting section and the remaining copy to be filed by the regional Cost Accounting unit.

  • A For the phases Planning or Land Acquisition, Land Cost, Management, Taxes and Insurance costs will be the same as expenditures. Amounts will be posted from Form FSA-FC 63, "Register of Allotment Ledger Transactions", to the column "Capital" under "Distribution" in the case of the first three phases and to the column "Non-Capital" for the other phases. The phase Engineering Services and Equity Settlements require additional information to provide a basis for distribution.
    • 1 For Engineering Services it is essential that inspection and planning performed in connection with development be separated from inspection in connection with maintenance in order that a proper distribution between capital and non-capital should be made. It is also necessary to see if expenditures on one project are represented by work performed on another project so that a proper allocation of costs to the projects may be made. To provide a proper basis for reporting costs the district engineer will maintain a daily time distribution record for each employee performing work under that phase by project, type of work, and, if possible, by applicable work operation. This distribution record should be consolidated and reconciled with semi-monthly pay rolls. In the absence of any prescribed form, a simple tabular statement will be prepared in an original and three copies. One copy will be filed in the district engineer's office and the original and remaining two copies will be sent to the Finance regional manager who will file one copy for the use of the Cost Accounting unit and transmit the original and remaining copy to the FC Division for the Cost Accounting section.
    • 2 In the case of Equity Settlements an examination of the records in the regional RP Division will be made to determine the amount representing the cost of improvements made by an occupant, which is considered capital cost, and the amount for reimbursement of payments made by the occupant on property being sold, which is considered non-capital cost.

VI REPORTING COMPLETED WORK ORDERS BY REGIONS:

Form FSA 358, "Completed Work Order Report", will be used by Finance regional offices for reporting completed Work Orders. This Form will be prepared in the same number of copies, given the same distribution, and submitted at the same time as Form FSA 212, "Regional Cost Report", except that one additional copy will be prepared and sent to the regional Accounting section. For contract Work Orders final copies of Forms FSA 167 or FSA-BM 178 will be attached to the original of Form FSA 358.

  • A Work Orders will be reported on the basis of preliminary liquidation unless prompt final liquidation is possible. One Form will be used for each completed "Work Order". Job Order costs will be posted from Form FSA 360, "Completed Work Order Statement", and the totals of the columns will be entered on the line "Cost of Work in Place". On the line "Inventory Balance and Transfers to Other Work Orders" in the column "Materials" will be entered the excess of materials purchased under the Work Order over materials used on the Work Order. On this line and in the column "Labor" will be entered the amount of labor contributed from a salary commitment Work Order to other Work Orders. On this line and in the columns "Equipment" and "Other" respectively will be entered the gross values of equipment and furniture and fixtures acquired under Work Order types B and C. For Work Order types B
    [2 verso]
    and C an additional line will be added above the "Cost of Work in Place" on which discounts will be entered in red. The sum of the amounts appearing on these lines for the various columns will be entered on the last line "Work Order Total".
  • B The tables contained on the back of the Form provide evidence of reconciliation and proper distribution of costs. While these tables are prepared as a part of the "Completed Work Order Report", they will be discussed in the following paragraph under the appropriate captions.

VII RECONCILIATION OF WORK ORDER COSTS AND FUND ACCOUNTS IN REGIONS:

Reconciliation between cost and fund accounts is as important as the actual maintenance of the two types of accounting records. This reconciliation accomplishes two purposes: (1) Determines that the cost reflects all expenditures for specific work; (2) provides a basis for establishing valuations on a cost basis of capital or non-capital items created through expenditures.

  • A The regional Cost Accounting unit will reconcile costs for each completed "Work Order" with fund accounts promptly upon receipt of Form FSA 360, "Completed Work Order Statement". Reconciliation will be accomplished by the comparison of entries of obligation and expenditure documents which appear on allotment account with the labor, material, equipment and other cost of work performed, as reported on Form FSA 360.
    • 1 In some instances, this analysis and comparison will immediately effect a reconciliation. In other cases there will remain unliquidated obligations which should be canceled or expenditures against which costs have not been reported. In the former event, it will be necessary for the regional Cost Accounting unit to ascertain whether or not the unliquidated obligations represent items which have been received and will ultimately be paid for or represent over obligations for which appropriate obligation decreases should be initiated. In the latter event, if the expenditures and/or obligations against which costs have not been reported represent procurement items, an analysis must be made of inventory reports to determine whether or not inventory items are on hand representing the full value of the expenditures and/or obligations. If the expenditures do not represent procurement items, appropriate explanation must be secured from the designated official regarding the disposition of the items.
    • 2 As a result of the reconciliation, it may be found that obligations and expenditures have been made against funds authorized under one "Work Order" for work to be performed under another "Work Order". In such instances, a complete report will be prepared by the regional Cost Accounting unit to be transmitted by the Finance regional manager to the issuing official and designated officials concerned in order that necessary corrective action may be initiated.
  • B The tables "Analysis of Allotment Account for the Work Order" and "Analysis of Work Order Costs" appearing on the reverse side of Form FSA 358, "Completed Work Order Report," will be filled in to provide evidence that reconciliation has been effected and to provide separations of costs into project funds and contributions.
    • 1 In preparing the "Analysis of Allotment Account for the Work Order", the "Total Allotment", "Net Obligations", and obligations "Vouchered" will be obtained from the Allotment Ledger. The unliquidated obligations will be examined to determine those which are to be vouchered and those which are to be canceled. A schedule will be prepared of unliquidated obligations to be canceled
      3
      and the totals will be entered in the appropriate line in the table. The unliquidated obligations "To Be Canceled" will be subtracted from the "Net Obligations" to give the amounts to be entered after "Funds to be Used". The amounts entered in this line will be subject to adjustment until all obligations have been liquidated.
    • 2 In preparing the "Analysis of Work Order Costs", the entries for "Cost of Work in Place" and "Inventory Balance and Transfer to Other Work and the "Total Cost of Work Order" will be the same as the entries for these lines for the Cost Summary. For type B and C Work Orders entries in red will be made over the line "Cost of Work in Place" as explained in paragraph VI A herein. On the line "Adjustments between Cost Objectives" entries will be made to transfer any cost for owner-operated equipment reported as labor to equipment. The amounts to be entered on the line "Value of Contributions" may be obtained in the following manner: The difference (if any) between the "Funds to be Used" (from the preceding table) and the "Total Cost of Work Order" will represent the total value of contributions. The value of contributed labor will be determined by subtracting the amount for owner-operated equipment on payrolls and the amount for "Salary" on the line "Funds to be Used" from "Labor" on the "Cost of Work in Place". If there is an excess value of materials used under the Work Order over those acquired under the Work Orders it will represent the amount of the contributed materials. The value of contributed equipment usage will consist of the total amount of the depreciation on owned or loaned equipment. The direct charges for equipment will consist of rental and any amount for owner-operated equipment which was originally charged as labor. Amounts of contributions appearing under "Other" may be obtained by an analysis of obligations. When amounts have been entered for the "Value of Contributions" and Adjustments between Cost Objectives, the amounts for "Allotment Account" will be determined by deducting the "Value of Contributions" from the "Total Cost of Work Order" and by making the additions or subtractions indicated in connection with the Adjustments between Cost Objectives. The Total for "Allotment Account" should equal the total for "Funds to be Used".

VIII LIQUIDATION OF WORK ORDERS:

Reconciliation between cost and fund accounts must be effected promptly after the completion of a "Work Order" in order that unused funds may be returned to the master allotment through the issuance of a liquidation "Work Order Change". If after analysis, it is determined that reconciliation cannot be made on an expenditure basis because of unliquidated obligations for which vouchers have not yet been processed, temporary reconciliation should be made and preliminary liquidation Work Order Changes processed. When the preliminary liquidation "Work Order Change" has been entered in the "Work Order" allotment account, any subsequent adjustment will be evident. Periodic examination should be made of Allotment Accounts against which temporary liquidation Work Order Changes have been processed in order that final reconciliation may be effected and final liquidation Work Order Changes processed as soon as possible.

IX DISTRIBUTION OF WORK ORDER COSTS AND GENERAL LEDGER ENTRIES:

The tables "Distribution of Work Order Costs" on the back of Form FSA 358 presents the costs in such a way as to provide a convenient means for determining the entries to be made in the General Ledger. The accompanying table "General Ledger Entries for the Work Order" presents the actual entries which are recommended for the General Ledger. The suffixes for both account numbers and titles will be added to show the applicable account. As a result of these entries, the General Ledger Work in Process account (38.) will be cleared, both at the time of the preliminary and final liquidation reports, to one of the accounts for


[3 verso]
Fixed Property (30.), or, in certain cases, to Equipment (33.) or Furniture and Fixtures (34.) or else it will be cleared to Operating Costs (40.).

  • A Of prime importance in this process is this distribution of costs to capital and non-capital accounts. If the work is properly described this can be done without difficulty. If adequate information is not available to determine whether the cost is capital or non-capital or which capital account is involved, the designated official should be asked to provide additional information.

X REPORTING CONSOLIDATED COSTS FOR ALL PROJECTS:

The Cost Accounting section will prepare reports of consolidated costs for all projects for submission to the Administrator and for distribution to affected divisions and other administrative units or to other agencies, offices or private parties in accordance with instructions from the Administrator. These reports will be used by the recipients as outlined in FSA Instruction 368.1.

  • A As promptly as possible after the close of each reporting period, a consolidated report of project activity on all projects will be prepared on Form FSA 212 A, "Report of Project Activity" reflecting the costs in relation to the physical status of work. As a basis for the preparation of these reports, all monthly reports submitted from the regions on Form FSA 212 covering work performed under Work Orders will be audited, examined and verified. In auditing Form FSA 212, cost analysts will prepare, in an original and one copy, Form FSA 407, "Cost Audit Report", calling attention to any mistakes in the reports received from the regions. The analysts will retain the copies and the originals will be forwarded to the applicable Finance regional managers for the use of the chief accountants and regional cost supervisors.
  • B As soon as possible after the close of each fiscal year, a consolidated report of all project costs for each region will be prepared. These reports will show the work performed during the previous fiscal year in relation to funds or values used in the performance of such work. As a basis for preparing these reports, all reports of completed Work Orders on Form FSA 358 will be audited and Form FSA 407 will be submitted to Finance regional offices as explained in paragraph X A above and reports of non-Work Order costs on Form FSA 417 and reports of engineering services will be audited. A total reconciliation of these and other reports will be made for each region and project for the fiscal year.
  • C Comprehensive, detailed, cumulative consolidated reports covering project costs from inception to June 30, 1940, will be prepared for each project. On the basis of analysis made by the Section, distributions will be made on these reports of all direct and indirect costs to development operation and maintenance by residential facilities, community facilities and utilities. Supplements to these consolidated reports will be issued for each succeeding fiscal year of development or operation of the project by the FSA. To be included in these reports and also distributed otherwise as required will be Form FSA 343, "Project Cost Summary", giving essential project data in condensed form. On the basis of these reports Form FSA 409, "Project Cost Distribution for General Ledgers", recommending a distribution of costs to capital and non-capital accounts, will be prepared in an original and two copies, all of which will be signed by the preparing Senior Cost Analyst, the chief of the Cost Accounting section and the chief of the Accounting section. The original will be sent to the region, one copy will be retained by the Accounting section and one copy filed by the Cost Accounting section.

1

COST ACCOUNTING FOR THE PROGRAM FOR THE RECRUITMENT AND TRANSPORTATION OF DOMESTIC AND MEXICAN AGRICULTURAL WORKERS

FSA Instruction 368.5

I GENERAL:

  • A This Instruction describes the methods to be used for reporting the cost of transportation, subsistence, medical care, and so forth, for all domestic and/or Mexican workers from the area of recruitment to the area of need in the United States and return, performed under Work Orders; for reconciling cost accounts and fund accounts for liquidating completed Work Orders; and, for distributing non-capital expense to general ledger accounts; as well as those methods to be used in the Cost Accounting Section and other Sections of the FC Division for the preparation of consolidated cost reports.
  • B The principles of cost accounting in the FSA and methods to be used by designated officials in recording and accumulating, consolidating, reconciling, and reporting costs incurred under Work Orders is presented in FSA Instruction 368.2.

II ESTABLISHING WORK ORDERS:

  • A Work Orders under this program will be issued under types S and T, and will cover the entire cost of transportation, subsistence, and medical care. When Work Orders are written for the transportation of workers to the area of employment, separate Work Orders will be written to set up sufficient funds to cover their return to the area of recruitment.
  • B Funds covering this program will be set up in allotment accounts as follows:
    • 1 Administrative - Salaries, Travel, Procurement and Communications. (This account will cover all general administrative expense.)
    • 2 Grants (Direct and Indirect). (Grants - "direct", will cover those subsistence grants during unemployment required by the wage guarantee and paid by Form FSA-FI 58, "Public Voucher for Direct Relief, Stricken Agricultural Areas" and "indirect" will cover those grants for subsistence and medical care.)
    • 3 Transportation
  • C Salary and travel covering Transportation assistant's trips will be a contribution from the administrative funds to the transportation Work Order,
    [1 verso]
    and his salary and per diem while at the area of employment will be a contribution from administrative funds to his indirect grant Work Order set up for the area of employment.
  • D Work Orders will be set up for:
    • 1 Grants (Indirect). Three Work Orders will be prepared covering indirect grants:
      • a Enroute: To cover subsistence and medical care while enroute
      • b Area of Employment: To cover subsistence and medical care of emergency nature while at the area of employment. This Work Order will include a contribution from administrative funds to cover Transportation assistant's and Transportation supervisor's salary and per diem.
      • c Return: To cover subsistence and medical care while returning to point of origin.
    • 2 Transportation
      • a Work Orders covering transportation will include a contribution from the administrative funds to cover the cost of travel of all Transportation supervisors and Transportation assistants.

III ROUTING WORK ORDERS:

  • A For Domestic Workers:
    • 1 An original and three copies of Form FSA 206, "Work Order", will be prepared by the Chief of the Migratory Camps Section, MA Division, Washington, D. C., and will be signed by him in the space designated "Requested."
    • 2 The original and three copies will be transmitted to the Director of the MA Division, Washington, D. C., for his approval. He will sign in the space designated "Issuing Official", and will return to the Chief, Migratory Camps Section, the original and all copies.
    • 3 The Chief, Migratory Camps Section will then detach the yellow copy and hold it in suspense, and forward the original and two copies to the regional Communications and Records section at Montgomery, Alabama.
    • 4 The regional Communications and Records section at Montgomery,
      2
      Alabama will assign the proper symbol and serial number, will insert the date and the time of numbering, and will transmit the original and two copies to the Finance area manager at Montgomery.
    • 5 If the allotment account is not established as approved, the Finance area manager will return the entire submission, through the Communications and Records Section, to the Director of the MA Division, Washington, D. C., stating the reason therefor. When the account has been established, the Finance area manager will sign the original and two copies; retain the pink copy, and send the original and green copy to the Chief, Migratory Camps Section, MA Division, Washington, D. C., who will forward the original to the Transportation supervisor in the area of employment.
    • 6 The copy (yellow) originally retained in suspense by the Chief, Migratory Camps Section, will then be conformed by him and the green copy will be forwarded to the regional Communications and Records section at Montgomery, Alabama.
  • B Mexican Workers: The routine for routing Work Orders as described in paragraph III A for domestic workers will be the same for Mexican workers, with the following substitutions:
    • Domestic Workers
    •     Mexican Workers
    • Chief, Migratory Camps Section, MA Division
    •     Supervisor of Mexican Migration.
    • Director, MA Division
    •     Coordinator of Mexican Agricultural Labor Migration.
    • Finance area manager Montgomery, Alabama
    •     Finance area manager Denver, Colorado
    • Communications and Records section, Montgomery, Alabama
    •     Communications and Records Section, Denver, Colorado

IV ESTABLISHING JOB ORDERS:

The following classifications, subject to modification and adaptation to circumstances, will be used in the issuance of Job Orders. The Transportation assistant will be responsible for gathering costs at the end of each complete trip. A Job Order will be issued for each of the following: (No Job Orders will be issued against the transportation Work Order. All transportation costs will be posted on the reverse side of Form FSA 206).


[2 verso]
  • 1 Subsistence. (This will include all food, clothes, and other necessary procurements.)
  • 2 Medical care. (This will include all doctors' medicine, or hospitalization expense.)

V ROUTING OF JOB ORDERS:

  • A Job Orders will be issued in an original and two copies by the Chief of the Migratory Camps Section for domestic workers, and by the Supervisor of Mexican Migration for the Mexican workers.
  • B Job Orders will be written in advance and will be issued to the Transportation assistant, who will accept each Job Order by signing in the space provided for indication of acceptance.
  • C When Job Orders have been accepted, the Transportation assistant will retain and take to the field with him all three copies of each Job Order.

VI REPORTING JOB ORDER COSTS:

  • A The basis for recording costs prescribed in FSA Instruction 368.1 will apply.
  • B When each trip is completed, the costs of that trip will be assembled on the reverse side of the applicable Job Order. The pink copy will be transmitted to the Finance area manager servicing the particular transportation activity, and the original will be forwarded to the issuing official (Chief of the Migratory Camps Section for domestic workers or Supervisor of Mexican Migration for Mexican workers). The duplicate original (green) will be retained by the Transportation assistant for his future reference.
  • C Job Order costs will be posted on reverse side of the applicable Work Order, and field reports on Form FSA 210, "Field Cost Report", will be prepared from Job Orders or Work Orders. These reports will be transmitted to the appropriate Finance area manager not later than five days after the completion of each trip. (Transportation assistant (Finance) will advise the proper Finance area manager upon completion of the trip.)

VII ACCUMULATING AND REPORTING COSTS IN THE FINANCE AREA OFFICE:

  • A The Finance area office will communicate with the Transportation assistant if cost reports are not received within seven days after the end of
    3
    each trip.
  • B When reports are received they will be audited, verified, and posted to the cost ledger, Form FSA 359, "Regional Work Order Ledger", in accordance with FSA Instruction 368.2.
  • C Work Order costs will be reported to the Chief Fiscal Officer for attention of the Cost Accounting Section, on Form FSA 212, "Regional Cost Report-Summary of Work Order", within ten days after the end of each month.
  • D When all Work Order costs have been recorded in the Work Order Ledger, a completed Work Order statement on Form FSA 358, "Completed Work Order Report", will be prepared by the Cost Accounting unit of the appropriate Finance area office, and will be transmitted to the Chief Fiscal Officer, for attention of the Cost Accounting Section.

1

MEXICAN ARRANGEMENT

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 guarantees 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 "sub-employer" 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 sub-employer, 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 sub-employer.

WAGES AND EMPLOYMENT

  • a. (1) Wages to e 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 (U. S. currency); piece rates shall be so set as to enable the worker of average ability to earn the prevailing wage.
  • (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.

  • 2
  • 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 guarantees 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 question affecting them.
  • i. 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 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.
  • j. 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.


3

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 American in Mexico.

Mexico City, the 23rd of July, 1942
MEXICAN COMMISSIONERS
(Sgd)_____
Ernesto Hidalgo, acting as representative of
the Foreign Office
(signed)_____
John O. Walker, Assistant Administrator
Farm Security Administration. (Department
of Agriculture)
(sgd)_____
Dr. Abraham J. Navas, acting as representative
of the Department of Labor and
Social Provision.
AMERICAN COMMISSIONERS
(sgd)_____
Joseph F. McGurk, Counselor of the
American Embassy in Mexico
_____
David Meeker, Assistant Director Office
of Agricultural War Relations (Department
of Agriculture)


1

Diplomatic Notes between American Embassy and Mexican Minister of Foreign Affairs, August 4 and 5, 1942

Enclosure No. 3 to despatch No. 3153 of August 5, 1942, from the American Embassy at Mexico City.

COPY

Ministry of Foreign Relations
Mexico, D. F.

August 4, 1942.

His Excellency, George S. Messersmith,
Ambassador of the United States of America
Mexico, D. F.

No. 312

I have the honor to refer to the matter presented by the Embassy regarding the possibility that the Mexican Government authorize the departure of Mexican workers to the United States, and the conditions under which this emigration could be effected.

This Ministry considers itself obliged to point out, above all, the importance at the present time of the country maintaining its man power intact as it is indispensable for the development of the continental defense program in which the intensification of activities and especially agricultural production are outstanding. However, having explained to the President of the Republic the need for workers in certain zones of the United States, and the Chief Executive being desirous of not limiting the cooperation it has been offering to the Government you so worthily represent, has seen fit to declare that in accordance with the resources of the Nation, no obstacles be placed on the departure of these nationals desiring to emigrate temporarily, for doing whatever work is necessary, and that no more essential conditions be established than those which existing conditions require, and those legal ordinances in effect in both countries.

For the purpose of determining the scope of this matter it was agreed, as your Excellency knows, to treat as between State and State, and in order to study the case in all its aspects, it was deemed necessary to hold a meeting of Mexican and American experts who have just finished their work and have presented their recommendations which, duly subscribed to, are being enclosed with this communication.

The conclusions under reference have been carefully studied and the Government of Mexico grants them its full approval. I beg your Excellency to take the necessary steps so that the Government of the United States of America, if it deems necessary, do likewise in order to conclude this matter, and consequently, to issue the necessary instructions pertinent to the case to the various department officials which should intervene, and in this way the agreement which has been happily reached will have the desired effect immediately.

I take this opportunity to assure Your Excellency of my highest and most distinguished consideration.

Enclosures


2

Enclosure No. 1 to despatch No. 3153 of August 5, 1942, from the American Embassy at Mexico City.

COPY

August 4, 1942

His Excellency, Senor Lic. Ezequiel Padilla
Minister for Foreign Affairs
Mexico

Excellency:

No. 503

I have the honor to acknowledge the receipt of Your Excellency's Note No. 312 of August 4, 1942, regarding the temporary migration of Mexican workers to the United States to engage in agricultural work, the subject matter of which was presented by the Embassy some days ago.

Due note has been taken of the considerations expressed in Your Excellency's Note under acknowledgment with respect to the maintenance of indispensable labor within the Republic of Mexico for the development of the Continental Defense Program, especially agricultural production, to which the Government of Mexico is committed. My Government is fully conscious of these commitments and at the same time is deeply appreciative of the attitude of His Excellency President Manuel Avila Camacho for the sincere and helpful manner in which he has extended the cooperation of the Government of Mexico within the resources of the Nation to permit Mexican nationals temporarily to emigrate to the United States for the purpose of aiding in our own agricultural production.

In order to determine the scope of the conditions under which Mexican labor might proceed to the United States for the purpose set forth above, it was agreed that the negotiations should be between our two Governments, and Your Excellency was kind enough to arrange for the meeting of Mexican and American representatives to submit recommendations which they have duly completed. Your Excellency was good enough to enclose a copy of these recommendations in the Spanish with your Note under reference.

My Government accepts these recommendations as a satisfactory arrangement, and I am authorized to inform Your Excellency that my Government will place this arrangement in effect immediately, and in confirmation thereof I attach hereto the English text of the arrangement as agreed upon.

Accept, Excellency, the renewed assurances of my highest and most distinguished consideration.

JFM/re
Enclosure


1

PRESIDENT AVILO CAMACHO'S DECREE

There follows a copy of the Decree of the President of the Republic of Mexico pointing out the functions of each executive department in the contracting of Mexicans:

"The urgent necessity of regulating the departure of Mexican workers to foreign countries inspired the Presidential Decree No. 790, dated May 8th last, by means of which an Intersecretarial Commission was instituted to study the different aspects of the problem and propose the measures considered necessary in order that the migration of our citizens be effected without prejudice to the national economy, and with the guarantees which our laws establish for the purpose.

"After the opinion of the above mentioned Commission had been seen; also the request made by the Government of the United States of America, through its Embassy in Mexico, in order that Mexican labor might leave the country to the United States, and finally, after seeing the recommendations formulated by the experts commissioned by both Governments, which have met in the capital with the purpose of examining the subject, has seen fit to dictate the following Decree:

"THE SECRETARIAT OF FOREIGN RELATIONS will conduct the necessary diplomatic relations to obtain the assurance that our fellow-citizens, upon going to work to the United States, will not be affected by the Law of North American Military Service, will not be the victims of discriminatory acts, will not be employed to displace other workers nor will be used to lower salaries previously established, and that they will not be admitted without the contracts ordered in article 29 of the Federal Labor Law. The contracting must be made temporary and the respective arrangements will be effected between State and State.

"THE SECRETARIAT OF LABOR AND SOCIAL PREVISION will be the agency of the Executive in charge of executing the economic arrangement which the Secretariat of Foreign Relations - with the advice of the Secretariat of Labor - might effect with the Government of the United States of North America; will take care that the contracts are in accordance with the guarantees established for the workers in the respective law; will watch the interior distribution of our elements of work, avoiding that the contracting of such workers might interfere with the intensive program of national production; will procure the close cooperation of the workers' associations; will take the measures considered convenient to avoid that low salaries paid in Mexico might stimulate the departure of our fellow-citizens, and shall finally fix the proportions of the deposits constituted by the workers and which have the guarantee of the contractors for the initiation of their fund of Farmer's Savings, which savings the American Government will preferably deliver in agricultural implements which may give the workers the opportunity to dedicate themselves, upon their return, to small cultivation of their property.

"THE SECRETARIAT OF STATE, on its part, within the functions assigned to it by article 7th of the Population Law, will avoid the clandestine departure of our workers; will procure the close cooperation of the local governments, in what relates to this matter and especially in what refers to the intervention which Article 29 of the General Labor Law grants to the municipal authorities, in the contracting of workers for foreign countries; will prevent the disorders which an excessive propaganda on the part of the agents might cause, and will, through an adequate publicity, instruct interested parties in the benefits established by the contracts.

"THE SECRETARIAT OF AGRICULTURE will have the right to determine that the agricultural implements of the workers which the American Government delivers as coming from the fund of the Farmers Savings, above mentioned, be received by the National Bank of Agricultural Credit; and in time will propose to the Chief of the Executive a colonization plan of the elements coming back to the country, with the purpose that they might dedicate themselves to their own cultivation of lands, in accordance with the importance or volume of the fund constituted, and with the aid which the Federal Government might afford them.

"THE DEPARTMENT OF PUBLIC HEALTH will take care, that in the place of residence of the workers all those destined to work abroad fill the necessary physical conditions, in behalf of themselves and their families.

"At the National Palace, on the fourth day of August, 1942."

  • The Constitutional President of the United States of Mexico, Manuel Avila Camacho
  • The Secretary of Foreign Relations, Attorney Ezequiel Padilla
  • The Secretary of State, Attorney Miguel Aleman
  • The Secretary of Labor and Social Prevision, Attorney Ignacio Garcia Tellez
  • The Secretary of Agriculture and Development, Engineer Marte R. Gomez
  • The Chief of the Department of Public Health, Dr. Victor Fernandez Manero

1

COOPERATIVE EMPLOYMENT AGREEMENT

UNITED STATES DEPARTMENT OF AGRICULTURE FARM SECURITY ADMINISTRATION

THIS COOPERATIVE EMPLOYMENT AGREEMENT Made this _________________________ day of _________________________, 1942, between the United States of America, hereinafter called the "Government", and _________________________, of _________________________, State of _________________________, hereinafter called the "Employer."

WITNESSETH:

WHEREAS, The Government and the Employer wish to cooperate in making agricultural workers available to alleviate the present shortage of agricultural labor and to aid in the successful prosecution of the war,

NOW, THEREFORE, in consideration of the undertakings hereinafter stated, the Government and the Employer agree as follows:

1. The Government shall use its best efforts to recruit and transport agricultural workers for employment by the Employer, from points of origin or intermediate points in the United States or Mexico, to the destination point hereinafter stated, and, upon completion of that employment, to the points of origin, or to such intermediate points in the United States as the Government shall determine to be proper.

2. The Employer shall employ, exclusively as agricultural workers, _________________________ agricultural workers (if transported by the Government to _________________________, State of _________________________, not later than _________________________, 19_____) for at least seventy-five percent (75%) of the workdays (each day in the week except Sunday to be considered a workday) between _________________________, 19_____, and _________________________, 19_____, hereinafter called the "period of employment," upon the following terms:

  • a. 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.
  • b. The Employer shall give each such worker a minimum subsistence allowance of $3 per day for each workday within said minimum of seventy-five percent (75%) of the 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.
  • 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 this paragraph, hours of work done on any day

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3. The Government shall:

  • a. Cause the Worker to be employed as an agricultural laborer in the United States for at least seventy-five percent (75%) of the workdays (each day of the week except Sunday to be considered a workday) between the day after the Worker's arrival at the original point of destination in the United States and _________________________, 19_____, hereinafter called the "period of employment"; or, in the absence of such employment, make the Worker a minimum subsistence allowance of $3.00 per day for each workday within said minimum of seventy-five percent (75%) of the 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 a result of his refusal to work or his illness or other physical incapacity. The amount of such subsistence allowance, if any, shall be computed and the payment thereof shall be made at the end of the period of employment.
  • b. In the event of need as determined by the Government, furnish necessary food, shelter, health and medical care, and other subsistence living facilities during periods of unemployment occurring within the period of employment.

4. Employment under this agreement shall be upon the following terms:

  • a. The Worker shall do all work required of him by his employer or employers hereunder during the period of employment in a good and workmanlike manner under the supervision and direction of such employer or employers, but shall not be required to work on Sundays.
  • b. 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 3 a above, the Government may, in its discretion, add hours of work on any day less than a workday (as above defined) to hours of work done on other days (other than Sundays) not constituting workdays, and for such purpose each ten hours of work shall be counted as a workday.
  • c. Work shall be paid for in lawful money of the 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, so as to
    3
    enable the Worker, if of average ability, to earn not less than the prevailing wage; provided further that the wage rates for either hourly or piece work shall in no event be less than 30 cents per hour.
  • d. 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 Worker's wages below those required by paragraph 4 c above.
  • e. The Worker shall be employed exclusively as an agricultural worker.
  • f. The Worker 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.
  • g. The Worker shall not be required to purchase articles or services for consumption or use by him or the Family at any source not of his choice.
  • h. 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.
  • i. Food, shelter, health and medical services and other living facilities provided for the Worker and the Family by the Government or any employer shall meet reasonable minimum standards approved by the Government.
  • j. The Worker shall have the right to join with other workers under agreements similar to this agreement in the election of representatives to deal with employers of agricultural labor.
  • k. There shall be no strikes, lockouts, or stoppages of work during the period of employment. All disputes between the Worker and his employer or employers shall be determined by mediation according to procedure prescribed by the Government.

5. If the Government determines that the Worker is unable or unwilling to work as required by this agreement, or otherwise has violated any of the terms hereof, this agreement may forthwith and without notice be terminated by the Government; provided, however, that, if the agreement is terminated because of the Worker's inability as the result of illness or other physical incapacity, the Worker and the Family shall be entitled to return transportation to their point of origin in accordance with paragraphs 2 a and 2 b above.


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6. All rights, privileges, and powers herein conferred upon the Government shall be exercised by the Administrator of the Farm Security Administration, United States Department of Agriculture, or his duly authorized representative.

IN WITNESS WHEREOF, this Work Agreement has been executed as of the date first above written.

UNITED STATES OF AMERICA

By_________________________
_________________________
(Official Title)

Farm Security Administration
United States Department of Agriculture

Witness:
_________________________
_________________________
_________________________
Worker


1

WORK AGREEMENT
(Mexican Workers)

UNITED STATES DEPARTMENT OF AGRICULTURE
FARM SECURITY ADMINISTRATION
T E N T A T I V E

THIS AGREEMENT is made this _____ day of _________________________, 1942, between the United States of America, hereinafter called the "United States Government", and _________________________, of _________________________, Mexico, hereinafter called the "Worker."

The United States 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 in that country and to aid in the successful prosecution of the war.

In consideration of this and of the undertakings hereinafter stated, the United States Government and the Worker agree that:

1. The Worker shall accept transportation, food, living facilities, subsistence, and employment upon the terms set forth in this agreement; and shall execute such other agreements, vouchers, and instruments as the United States Government may require to effect those terms.

2. The United States Government, at its expense, shall:

  • a. Transport, or arrange for the transportation of, the Worker and the members of his Family named in Schedule A on the back of this agreement, all of whom (including the Worker) are herein called the "Family", and not in excess of thirty-five kilos (seventy-seven pounds) of personal belongings (which shall not be permitted to include home furnishings or bedding) for each of them, from _________________________, Mexico, herein called the "point of origin", to such place or places in, and within, the United States, as the United States Government shall determine to be suitable for the employment of the Worker, and return to the point of origin.
  • b. Furnish, or arrange to have furnished to the Worker and the Family all necessary food, health and medical care, and other subsistence living facilities during transportation.
  • c. Make all arrangements necessary under the laws of the United States for the entry and exit of the Worker and the Family into and from the United States.

3. The United States Government shall:

  • a. Cause the Worker to be employed as an agricultural laborer in the United States for at least seventy-five percent (75%) of the workdays (each day in the week except Sunday to be considered
    2
    a workday) between the day after the Worker's arrival at the original point of destination in the United States and _________________________, 19_____, hereinafter called the "period of employment"; or, in the absence of such employment, make the Worker a minimum subsistence allowance of $3.00 per day for each workday within said minimum of seventy-five percent (75%) of the 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, if any, shall be computed and the payment thereof shall be made at the end of the period of employment.
  • b. In the event of need as determined by the United States Government, furnish necessary food, shelter, health and medical care, and other subsistence living facilities during periods of unemployment occurring within the period of employment.

4. Employment under this agreement shall be upon the following terms:

  • a. The Worker shall do all work required of him by his employer or employers hereunder during the period of employment in a good and workmanlike manner under the supervision and direction of such employer or employers, but shall not be required to work on Sundays.
  • b. 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 3 a. above, the Government may, in its discretion, add hours of work done on any day less than a workday (as above defined) to hours of work done on other days (other than Sundays) not constituting workdays, and for such purpose each ten hours of work shall be counted as a workday.
  • c. 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 so set as to enable the Worker, if of average ability, to earn not less than the prevailing wage; and provided further that the wage rates for either hourly or piece work shall in no event be less than 30 cents per hour.
  • d. No deductions from wages shall be made for commissions, fees, or for 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 4 c. above.
  • e. The Worker hereby assigns to the United States Government twenty percent (20%) of such wages, to be retained by it, or,
    3
    under its direction, and to be paid to the Worker upon his return to Mexico, or as soon as practicable thereafter, in credits to his account in the Banco de Credito Agricola in Mexico.
  • f. The Worker shall be employed exclusively as an agricultural worker.
  • g. The Worker shall be entitled to the benefit and protection of all applicable child labor, compensation, and other laws and regulations of the United States Government and of the State or States in which the work is performed.
  • h. Any member of the Family less than fourteen years of age shall be entitled to receive the same schooling opportunities as are available to the children of other agricultural laborers in the particular area in which the Worker is employed at any particular time or times.
  • i. The Worker shall not be required to purchase articles or services for consumption or use by him or the Family at any source not of his choice.
  • j. 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.
  • k. Food, shelter, health and medical services, and other living facilities provided for the Worker and the Family by the United States Government or any employer shall meet reasonable minimum standards approved by the United States Government.
  • l. The Worker shall have the right to join with other workers under agreements similar to this agreement in the election of representatives to deal with employers of agricultural labor, provided that all such representatives shall be working members of the group of electors.
  • m. There shall be no strikes, lockouts, or stoppages of work during the period of employment. All disputes between the Worker and his employer or employers shall be determined by mediation according to procedure prescribed by the United States Government.

5. The Worker represents and warrants that he knows of no reason which would prevent his or his Family's departure from or return to Mexico, or entrance into or departure from the United States, as contemplated by this agreement. If the Worker or a member of his Family shall be denied exit from Mexico or entrance into the United States, the United States Government shall, at its expense, cause the Worker and his Family to be returned to their point of origin in Mexico. If after entrance into the United States of America hereunder, the Worker or any member of his Family becomes subject to deportation or removal therefrom under the immigration


4
or other laws of that country, or if the United States Government determines that the Worker is unable or unwilling to work as required by this agreement, or otherwise has violated any of the terms hereof, or if the Worker, or any member of his Family, violates any law of the United States, this agreement may forthwith and without notice be terminated by the United States Government. Upon such termination, or at the expiration of the period of employment specified in paragraph 3 a. above, the Worker and his Family shall immediately return to their point of origin in Mexico. Upon the refusal of the Worker or any member of his Family so to return, the United States Government may forthwith deport or remove the Worker and his Family to such point of origin.

6. All rights, privileges, and powers herein conferred upon the United States Government shall be exercised by the Administrator of the Farm Security Administration, United States Department of Agriculture, or his duly authorized representative.

IN WITNESS WHEREOF, this Work Agreement has been executed as of the date first above written.

UNITED STATES OF AMERICA

By _________________________
_________________________
(Official Title)

Farm Security Administration
United States Department of Agriculture

Witnesses:
_________________________
_________________________
_________________________
Worker


1

WORK AGREEMENT
(Domestic Workers)

UNITED STATES DEPARTMENT OF AGRICULTURE
FARM SECURITY ADMINISTRATION

THIS AGREEMENT made this _____ day of _________________________, 1942, between the United States of America, hereinafter called the "Government" and _________________________, of _________________________, state of _________________________, hereinafter called the "Worker."

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,

NOW, THEREFORE, in consideration of this and of the undertakings hereinafter stated, the Government and the Worker agree that:

1. The Worker shall accept transportation, food, living facilities, subsistence, and employment upon the terms set forth in this agreement; and shall execute such other agreements, vouchers, and instruments as the Government may require to effect those terms.

2. The Government, at its expense, shall:

  • a. Transport, or arrange for the transportation of, the Worker and the members of his family named in Schedule A on the back of this agreement, all of whom (including the Worker) are herein called the "Family", and not in excess of seventy-five pounds of personal belongings (which shall not be permitted to include home furnishings or bedding) for each of them, from _________________________, State of _________________________, herein called the "point of origin", to such place or places in, and within, the United States, as the Government shall determine to be suitable for the employment of the Worker, and, upon the fulfillment by the Worker of his obligations hereunder, return to the point of origin.
  • b. Furnish, or arrange to have furnished to the Worker and the Family all necessary food, health and medical care, and other subsistence living facilities during transportation.

2

3. The Government shall:

  • a. Cause the Worker to be employed as an agricultural laborer in the United States for at least seventy-five percent (75%) of the workdays (each day of the week except Sunday to be considered a workday) between the day after the Worker's arrival at the original point of destination in the United States and _________________________, 19_____, hereinafter called the "period of employment"; or, in the absence of such employment, make the Worker a minimum subsistence allowance of $3.00 per day for each workday within said minimum of seventy-five percent (75%) of the 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 a result of his refusal to work or his illness or other physical incapacity. The amount of such subsistence allowance, if any, shall be computed and the payment thereof shall be made at the end of the period of employment.
  • b. In the event of need as determined by the Government, furnish necessary food, shelter, health and medical care, and other subsistence living facilities during periods of unemployment occurring within the period of employment.

4. Employment under this agreement shall be upon the following terms:

  • a. The Worker shall do all work required of him by his employer or employers hereunder during the period of employment in a good and workmanlike manner under the supervision and direction of such employer or employers, but shall not be required to work on Sundays.
  • b. 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 3 a above, the Government may, in its discretion, add hours of work on any day less than a workday (as above defined) to hours of work done on other days (other than Sundays) not constituting workdays, and for such purpose each ten hours of work shall be counted as a workday.
  • c. Work shall be paid for in lawful money of the 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, so as to
    3
    enable the Worker, if of average ability, to earn not less than the prevailing wage; provided further that the wage rates for either hourly or piece work shall in no event be less than 30 cents per hour.
  • d. 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 Worker's wages below those required by paragraph 4 c above.
  • e. The Worker shall be employed exclusively as an agricultural worker.
  • f. The Worker 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.
  • g. The Worker shall not be required to purchase articles or services for consumption or use by him or the Family at any source not of his choice.
  • h. 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.
  • i. Food, shelter, health and medical services and other living facilities provided for the Worker and the Family by the Government or any employer shall meet reasonable minimum standards approved by the Government.
  • j. The Worker shall have the right to join with other workers under agreements similar to this agreement in the election of representatives to deal with employers of agricultural labor.
  • k. There shall be no strikes, lockouts, or stoppages of work during the period of employment. All disputes between the Worker and his employer or employers shall be determined by mediation according to procedure prescribed by the Government.

5. If the Government determines that the Worker is unable or unwilling to work as required by this agreement, or otherwise has violated any of the terms hereof, this agreement may forthwith and without notice be terminated by the Government; provided, however, that, if the agreement is terminated because of the Worker's inability as the result of illness or other physical incapacity, the Worker and the Family shall be entitled to return transportation to their point of origin in accordance with paragraphs 2 a and 2 b above.


4

6. All rights, privileges, and powers herein conferred upon the Government shall be exercised by the Administrator of the Farm Security Administration, United States Department of Agriculture, or his duly authorized representative.

IN WITNESS WHEREOF, this Work Agreement has been executed as of the date first above written.

UNITED STATES OF AMERICA

>By_________________________
_________________________
(Official Title)

Farm Security Administration
United States Department of Agriculture

Witness:
_________________________
_________________________
_________________________
Worker


1

[Letter from F. D. Roosevelt to H. Morgenthau, July 29, 1942]

C O P Y
Allocation No. 42/3-26

The White House
Washington

My dear Mr. Secretary:
July 29, 1942

By virtue of the authority vested in me by law, I hereby allocate from the appropriation entitled "Emergency Fund for the President, National Defense, 1942 and 1943."

  • To
  •     Amount
  • Department of Agriculture
  •     $500,000

to be expended by said Department in connection with problems of farm labor arising out of the war emergency, for the purpose of enabling the Secretary of Agriculture, independently or in cooperation with other appropriate individuals or agencies, public or private, including labor placement agencies, to assist in providing an adequate supply and distribution of workers for the production of agricultural products essential to the war program by effecting transportation of farm labor, including aliens, within the continental United States and elsewhere, and including the furnishing, by loans, grants, or otherwise, of health and medical services, and subsistence.

The funds hereby allocated shall be available without regard to Section 3709, Revised Statutes, for all necessary expenses of the Department of Agriculture in carrying out the above-described activities, including the employment by the Secretary of Agriculture or by such officers or employees as he may designate for the purpose, of persons and organizations at the seat of Government and elsewhere, by contract or otherwise, without regard to civil service and classification laws; the acceptance and utilization of voluntary and uncompensated services; the payment of railroad and common carrier fares of such laborers; and purchase, operation, maintenance, and exchange of motor-propelled and horse-drawn passenger-carrying vehicles; and printing and binding without regard to Section 11 of the Act of March 1, 1919 (44 U.S.C. 1940 ed. 111).

Please arrange for the necessary transfer of funds and advise the agency concerned.

Sincerely yours,
/s/ Franklin D. Roosevelt
The Honorable,
The Secretary of the Treasury.


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[Letter from C.G. Garman to C.B. Baldwin, August 25, 1942]

COPY
August 25, 1942

Mr. C. B. Baldwin, Administrator
Farm Security Administration

Dear Mr. Baldwin:

On August 20, 1942, the Assistant Secretary approved an allotment of $500,000 to the Farm Security Administration for use during the fiscal year 1943 from funds allocated to this department from the "Emergency Fund for the President, National Defense".

This allotment, which was made to enable the Farm Security Administration to assist in providing an adequate supply and distribution of workers for the production of agricultural products essential to the war program, has been credited on the records of this office to the following allotment account:

"12-112/30006(24)-Emergency Fund for the President, National Defense (Allotment to Agriculture), 1942 and 1943 (FSA)

$500,000

Limitation:

.025-To enable the Secretary of Agriculture, independently or in cooperation with other appropriate individuals or agencies, public or private, including labor placement agencies, to assist in providing an adequate supply and distribution of workers for the production of agricultural products essential to the war program by effecting transportation of farm labor, including aliens, within the continental United States and elsewhere, and including the furnishing, by loans, grants, or otherwise, of health and medical services, and subsistence. The funds shall be available without regard to Section 3709, Revised Statutes, for all necessary expenses of the Department of Agriculture in carrying out the above described activities, including the employment by the Secretary of Agriculture or by such officers or employees as he may designate for the purpose, of persons and organizations at the seat of Government and elsewhere, by contract or otherwise, without regard to civil service and classification laws; the acceptance and utilization of voluntary and uncompensated services; the payment of railroad and common carrier fares of such laborers; and purchase, operation, maintenance, and exchange of motor-propelled and horse-drawn passenger-carrying vehicles; and printing and binding without regard to Section 11 of the Act of March 1, 1919 (44 U.S.C. 1940 ed. 111) $500,000

It is requested that this allotment be given effect on the records of your administration and in column 5 (with footnote identification) of Form 3, Report on Status of Appropriation.

Very truly yours,
C. G. Garman
Acting Director of Finance


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[Letter from C.B. Baldwin to C.R. Wickard, August 20, 1942]

C O P Y
August 20, 1942

To: The Secretary of Agriculture

From: C. B. Baldwin, Administrator Farm Security Administration

Subject: Proposed Executive Order Relating to Program for Recruitment, Transportation and Employment of Farm Labor

I am transmitting herewith a proposed Executive Order relating to the program for the recruitment and employment of domestic and Mexican farm labor within the United States and a transmittal letter prepared for your signature and addressed to the Director of the Budget.

As I have orally advised you previously hereto, it is my definite feeling that the issuance of an Executive Order is necessary to supplement and implement the order of allocation allocating funds from the Emergency Fund for the President. The Executive Order will supplement such authorizations and directions as have heretofore been made, and will provide the basis for future legislation, both appropriating funds, and providing the statutory basis for program involving the recruitment and transportation of farm labor in connection with the prosecution of the war effort. If the proposed Executive Order meets with your approval, I would appreciate your transmitting it to the Director of the Budget.

Attachments
GSussman:hs
8-18-42


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[Letter [from G. Sussman?] to H.D. Smith, August 18, 1942]

C O P Y

Hon. Harold D. Smith
Director, Bureau of the Budget
Dear Mr. Smith:

There has been allocated to the Department of Agriculture by Allocation 42/3-26, dated July 29, 1942, the sum of $500,000 from the "Emergency Fund for the President", National Defense, 1942 and 1943. The order of allocation provides that such sum is to be expended by the Department in connection with the problems of farm labor arising out of the war emergency and for the purpose of enabling the Secretary of Agriculture, independently or in cooperation with other appropriate individuals or agencies, public or private, including labor placement agencies, to assist in providing an adequate supply and distribution of workers for the production of agricultural products essential to the war program by effecting transportation of farm labor, including aliens, within the continental United States and elsewhere, and including the furnishing by loans, grants, or otherwise, of health and medical services and subsistence.

It seems expedient and necessary that the aforementioned allocation order be supplemented and implemented by an executive order of the President containing express authorizations and directions, thereby enabling the Department more effectively to discharge the duties and responsibilities involved in the program for recruiting and transporting farm labor. I request that you take the steps necessary to arrange for the issuance by the President of the Proposed Executive Order.

GSussman:hs
8-18-42
G.J. # D 33416

Sincerely, yours,
Secretary


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EXECUTIVE ORDER NO.

DEFINING THE FUNCTIONS AND DUTIES OF THE SECRETARY OF AGRICULTURE UNDER A PROGRAM FOR THE RECRUITMENT AND EMPLOYMENT OF FARM LABOR ESSENTIAL TO THE WAR EFFORT

WHEREAS, there is evidence of an urgent farm labor shortage because of a lack of proper distribution and effective utilization of farm labor arising out of labor and transportation conditions which impedes the production of vital food and fibre crops and hinders the war effort.

NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes of the United States and in order to provide for an adequate supply, proper distribution and effective utilization of farm labor for the production of agricultural products essential to the war program, it is hereby ordered as follows:

1. The Secretary of Agriculture is authorized and directed to institute and administer a program or programs designed to provide an adequate supply and proper distribution of farm laborers (including nationals of foreign nations who enter the United States pursuant to agreements between such foreign nations and the United States) for the production and harvesting of agricultural products essential to the war program, and for such purpose to transport or provide for the transportation of such laborers within the continental United States and elsewhere, and furnish or provide for the furnishing or necessary health and medical services and subsistence.


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2. In administering such program or programs the Secretary shall have authority to:

(a) Recruit and assemble farm laborers within the continental United States and elsewhere, and transport such farm laborers, their families and household effects, to and from places of employment, and arrange for the employment of such farm laborers in appropriate places within the continental United States.

(b) Furnish, by means of loans, grants or otherwise, housing facilities, in migratory labor camps and such other Government owned facilities, including CCC camps as may be available, and in such other camps as the Secretary may deem necessary to construct or provide for such purpose, and health and medical services and subsistence.

(c) Enter into cooperative agreements, both with farm laborers and with potential employers of such farm laborers governing their employment and containing such provisions with reference to wage rates, conditions of employment, housing conditions, health, medical and sanitation facilities and services and enforcement of such agreements and such other provisions, as may appear to the Secretary to be appropriate.

(d) Employ necessary personnel, without regard to the Civil Service Act, and utilize such personnel both within and without the continental United States and make such expenditures, within the limits of such funds as may be made available, for supplies, equipment and services as may be necessary.

(e) Prescribe such rules and regulations as are necessary or desirable to promote the effective administration of such program or programs.


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(f) Make such delegations of authority as he may deem necessary.

(g) Secure the cooperation, assistance or services of any or all agencies, public or private, and take such other steps consistent with the foregoing as may appear to be necessary or expedient.

3. The Secretary shall consult with the War Manpower Commission, United States Employment Service, Office of Defense Transportation, Immigration and Naturalization Service, Public Health Service and other departments and agencies of the United States with reference to employment, transportation and other problems incident to the programs instituted pursuant to this order.

4. All departments and agencies of the United States are directed to cooperate with and assist the Secretary in carrying out this Executive Order, including the furnishing of medical aid, hospitalization, transportation, use of land and housing and camp facilities and other utilities, facilities, equipment and services.

5. The authority herein granted the Secretary shall not supersede but shall be subject to the Authority and responsibilities vested in the War Manpower Commission by Executive Order No. 9159, dated April 18, 1942.

THE WHITE HOUSE

_________________________, 1942


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MEMORANDUM
DELEGATING AUTHORITY TO INSTITUTE AND ADMINISTER PROGRAMS FOR THE RECRUITMENT AND TRANSPORTATION OF DOMESTIC AND FOREIGN AGRICULTURAL LABOR

For the purpose of enabling the Department of Agriculture to comply with the directive issued by the War Manpower Commission on June 22, 1942, and to discharge the responsibility imposed upon the Department for providing a supply of agricultural workers to alleviate the acute farm labor shortage, the power and authority vested in me by Executive Order of the President No. dated, to institute and administer programs for the recruitment, transportation and distribution of domestic and foreign agricultural workers, and to take whatever action may be necessary for such purposes, are hereby vested in the Farm Security Administration, to be exercised by and under the supervision and direction of the Administrator thereof and by such officers of that Administration as he may from time to time designate, reserving only the authority to appoint members of wage boards for the purpose of determining prevailing wage rates. This delegation of authority shall not be construed as a limitation upon my authority to exercise any of the powers and authority vested in me by the aforesaid Executive Order or to delegate any of such powers to other agencies of the Department.

Secretary


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USES Operations Bulletin C-61

C O P Y
13:FM:F
To: All Personnel of the United States Employment Service
From: John J. Corson Director, United States Employment Service
Subject: Transportation Program for Domestic Agricultural Labor

I. Purpose

The United States Employment Service, in order to assure an adequate supply of labor to produce the food essential to the war program of the United Nations, and to the welfare of the American people, has established policies and procedures for recruiting farm labor. The inability, however, of farm employers and farm workers to bear transportation costs incident to the movement of labor to distant jobs has produced serious problems in the distribution of such labor. A program therefore has been developed whereby, under certain conditions, the Form Security Administration will provide transportation for domestic agricultural workers to the place of employment and return to the area of recruitment. The United States Employment Service will cooperate with the Farm Security Administration by determining agricultural labor needs, certifying as to labor shortage which can be alleviated by transporting workers from other areas, and recruiting the farm workers to be transported by the Farm Security Administration. This bulletin describes the procedure to be followed by the United States Employment Service in carrying out their responsibilities.

II. Policy

Before the United States Employment Service shall certify the need for transportation, all supplies of labor, including secondary sources, within a radius of 200 miles of the place of employment must be exhausted. Workers shall not be brought into an area when such in-migration will impair the wages working conditions, and employment opportunities of resident labor, or displace employed workers. When it is necessary to go beyond the 200-mile reduis to secure labor, workers shall be recruited as close to the place of employment as possible.

The United States Employment Service shall not certify the need for transportation of workers to fill any employer order which does not meet the minimum standards prescribed by the Farm Security Administration for wage rates, working conditions, and housing, neither will the United States Employment Service attempt to recruit workers to fill orders containing discriminatory specifications. The joint responsibility of the United States Employment Service and the Farm Security Administration with regard to this program shall continue as workers, released from jobs for which they were originally recruited are referred to other form employment in the area.


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In order to expedite this procedure the use of telegraph and telephone shall be used when necessary to assure an adequate labor supply to produce, harvest or market a crop of vital importance to the war effort.

III. Conditions Under Which Transportation Will Be Provided by the Farm Security Administration

The Farm Security Administration will not undertake to transport workers for distances less than 200 miles from the place of employment. When an employment service office has exhausted the supply of qualified labor within a radius of 200 miles, transportation will be provided by the Farm Security Administration after the following standards have been met:

  • A. The local United States Employment Service office has valid and bona fide orders for agricultural workers from responsible potential employers of agricultural workers which meet the following conditions:
    • 1. They do not contain discriminatory specifications.
    • 2. The wage rate meets that prevailing (as determined by a wage board appointed by the Secretary of Agriculture) within the particular area of employment for similar work and in no event is the rate less than 30¢ per hour and provided further that piece work rates shall be so set as to enable the worker of average ability to earn not less than the prevailing wage.
  • B. The crops for which such domestic agricultural workers are requested to produce, harvest, or market are of vital importance to the war effort. A list of crops of vital importance to the war effort is attached.
  • C. The employer has agreed to pay the sum of $5.00 per worker for each worker transported by the Farm Security Administration irrespective of the distance such worker may be transported. No charge will be made for the transportation of any member of the worker's family who is not a worker.
  • D. The employer has agreed full employment for 75 percent of the work days in the period of employment for which workers are supplied. There will be no initial transportation of workers for work periods of less than 30 work days. There will be no transportation of less than 100 workers for any particular employer or group of employers. The Farm Security Administration will not enter into cooperative employment agreements with individual employers unless an individual employer can, in his own right, employ a minimum of 100 workers a period of 30 work days. It will be necessary for individual employers who are unable to employ such minimum number of workers for such minimum period to associate themselves, either in a formal or informal organization or group, and empower some member or members of the group to enter into a cooperative work agreement on their behalf with the Farm Security Administration.
  • E. The employer has agreed that no deduction from wages shall be made for commissions, fees, or for any other charges (but not excluding such
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    deduction as may be required by law) which shall have the effect, directly or indirectly, of reducing the wages received by domestic agricultural workers below those provided for in paragraph A-2 above.
  • F. The employer has agreed that workers shall not be required to purchase articles or service for consumption or use by them or members of their families at any source not of their own choosing.
  • G. Housing, sanitary, and health facilities provided domestic agricultural workers and members of their families shall meet reasonable minimum standards and such additional requirements as may be imposed by the Farm Security Administration.
  • H. The employer has agreed and has indicated an ability to meet obligations for transportation and other monetary guarantees required by the Farm Security Administration.
  • I. The employer has agreed that no minors shall be employed except in compliance with and as permitted by Federal and State laws and policies.
  • J. The United States Employment Service has certified that the supply of agricultural workers available in the particular area of employment is inadequate and that efforts to recruit such workers within a 200-mile radius from the place of employment have proved futile.

IV. Procedures to be Followed by the United States Employment Service

A. Employer Orders Involving Transportation of Agricultural Workers

When an employment office has received valid and bona fide orders, which probably will involve transportation of agricultural workers, from responsible potential employers of agricultural workers that office shall proceed immediately to exhaust the labor supply locally and through direct clearance within a radius of 200 miles providing the orders meet the following standards:

  • 1. They are for workers to produce, harvest, or market crops of vital importance to the war effort.
  • 2. They do not contain discriminatory specifications.
  • 3. The wage rate meets that prevailing (as determined by a wage board appointed by the Secretary of Agriculture) in the area for similar work and in no event is the rate less than 30¢ an hour and further that piece work rates are so set as to enable the workers of average ability to earn not less than the prevailing wage.
  • 4. They are placed with a local United States Employment Service office 30 days prior to the date when the workers will be required, to enable the employment service to fully utilize its recruiting facilities. This standard is not to be interpreted to mean that the United States Employment Service will not accept orders for workers involving transportation if they are placed less than 30 days prior to the date they are needed. Employers should be informed that it
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    is a minimum standard of time required by the United States Employment Service and Farm Security Administration to clear orders, make certification, arrange for contracts, and transport the needed workers.
  • 5. The employer has made known any charges that will be made to the worker for any purpose.
  • 6. They are for a minimum of 100 workers and provide 30 work days of employment.
B. Exhausting the Labor Supply

In exhausting the labor supply locally and within a radius of 200 miles from the place of employment, the order-holding office and the cooperating offices shall complete the following steps in recruitment:

  • 1. Determination of the availability of workers registered with the local employment office.
  • 2. Advertisement for workers through newspapers, radio, posters, trade papers, and other suitable media.
  • 3. Solicitation of the cooperation of farm groups and labor organizations to direct qualified workers to the local employment office.
  • 4. Active recruitment of workers in communities by visiting their homes, canvassing places of business, churches, and other places where farm workers congregate.
  • 5. Recruitment of workers on relief rolls, Work Projects Administration rolls, and National Youth Administration rolls.
  • 6. Utilisation of the Selective Service occupational questionnaires as indication of a possible source of labor supply.
  • 7. Recruiting auxiliary labor supplies available in the community, such as school youth, women, church groups, and organizations of volunteers.
C. Determination of Labor Supply available for Transportation

When the supply of labor locally and within a radius of 200 miles from the place of employment has been exhausted through direct clearance initiated by the order-holding office, the United States Employment Service shall determine the labor supply available to be transported to the area of employment through the following steps:

  • 1. The order-holding office shall request the Administrative office in the State to extend the order to State clearance, and simultaneously notify the regional office.
  • 2. The regional office shall determine the areas for further clearance within the region, and if necessary, extend clearance to other regions.

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  • 3. All facts concerning employers' orders must be forwarded to the employment office which is to recruit workers for transportation, Such facts shall include the type of employment, wages, hours, conditions of work, and housing accommodations, as well as charges for any purpose. In order that workers may fully understand the conditions of employment, such pertinent employment information shall be reported to the workers by the recruiting office at the time of recruitment.
D. Certification of Housing, Health, Sanitary Facilities and Prevailing Wages

When the employer or employers place orders at a local employment office for agricultural workers, which will probably involve transportation of such workers, that office shall immediately notify the Regional Director of the Farm Security Administration. (See list attached) The Farm Security Administration will inspect the housing, sanitation, and health facilities of the employers and certify to the local United States Employment Service office in writing approval or disapproval. The Farm Security Administration will also request that a Wage Board be appointed by the Secretary of Agriculture to determine the prevailing wage and certify the decision of that Board in writing to the local office of the United States Employment Service.

E. Recommendation to the Regional Representative of the United States Employment Service for Certification of a Labor Shortage and the Need for Transportation

After the local employment office has determined through direct clearance with other local employment offices that the supply of workers within a 200 mile radius of the place of employment is exhausted and the Farm Security Administration has certified that the employer has met the required standards as to housing, health, and sanitary facilities, and the wage board has certified as to wages, the local office will then forward the following information to the State Director of the United States Employment Service for approval and transmittal to the Regional Representative of the United States Employment Service requesting that the Regional Representative certify as to a labor shortage and the need for transportation.

  • 1. A statement that the supply of labor available locally is inadequate and that efforts to recruit labor within a 200-mile radius has proved futile.
  • 2. The number of workers needed.
  • 3. The date they will be needed in the area.
  • 4. A statement that the Farm Security Administration has approved housing, health, and sanitary facilities, and the name of the official who gave such approval and date of approval.
  • 5. A statement that the wage meets that prevailing in the area as determined by the wage board and date of approval.

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  • 6. A step by step outline of action taken to recruit workers within the 200 mile radius.
F. Certification by the Regional Representative of the United States Employment Service

When the regional representative of the United States Employment Service has received the above information from the State director of the United States Employment Service and has located a supply of labor to be transported to the area of need, he shall forward the following information to the director of the United States Employment Service, Washington, D. C., for transmittal to the Farm Security Administration:

  • 1. A statement that the supply of labor available locally is inadequate and that efforts to recruit labor within a 200-mile radius has proved futile.
  • 2. The number of workers needed.
  • 3. The date they will be needed in the area.
  • 4. A statement that the Form Security Administration have approved housing, health, and sanitary facilities, and the name of the official who gave such approval and date of approval.
  • 5. A statement that the wage meets that prevailing in the area as determined by the wage board and date of approval.
  • 6. The approximate number of persons (workers and members of their families) to be transported and the point or points of origin and destination.
  • 7. The date on which transportation should be available.
  • 8. The name and address of the Manager of the United States Employment Service order holding office.
  • 9. The name and address of the Manager of the USES applicant holding office.

The Regional representative will be kept informed by the headquarters office in Washington of action taken by the headquarters Security Administration to provide the transportation.

G. Approval of Transportation by the Farm Security Administration and Execution of Cooperative Employment Agreements

The Farm Security Administration, Washington, D. C., will approve or disapprove the transportation of workers as specified in the certification made by the USES. If the Farm Security Administration approves the transportation, it will notify the USES in Washington, D.C., and the transportation Supervisor, Farm Security Administration who will enter into cooperative employment agreements with the employers who made application for workers involved in transportation.


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H. Notification to the Order-Holding Office

When the cooperative employment agreements with such employers have been executed, the Transportation Supervisor, Farm Security Administration will notify the order-holding office of the United States Employment Service and the Farm Security Administration, Washington, D.C.

I. After the order-holding office has been notified that cooperative employment agreements have been entered into it will advise the applicant-holding office or offices to select and assemble workers for transportation which shall be done in accordance with the following standards:

  • 1. There shall be no recruiting of domestic agricultural workers for agricultural employment beyond the local area within which such workers then are or ordinarily are employed unless such workers are not required for essential activities within such local area and unless a specific need for their employment beyond such local area has previously been certified to exist by the USES and there shall be no recruiting of domestic agricultural workers for such employment beyond the number certified by the USES to be needed in the area for employment.
  • 2. When family groups are involved, primary consideration shall be given to those families which include the maximum number of workers.
  • 3. Employment of minors shall be governed by State laws, and approved Federal policies, and no children under sixteen years of age shall be transported except as members of family groups. No single unattached persons under 18 years of age are to be recruited.
  • 4. Extreme care shall be exercised to select workers who are qualified to perform the required work.
  • 5. The applicant-holding office of the United States Employment Service shall cooperate with the designated Farm Security Administration representative who is charged with making arrangements for transportation.
  • 6. The applicant-holding office shall notify the order-holding office of the time of departure and expected arrival of workers.
J. Assignment of Workers to Employers by the Order-Holding Office

A representative of the order-holding office shall arrange to meet the workers upon arrival at the point of destination. The assignment of workers to employers shall be made by the United States Employment Service.

K. Subsequent Assignments of Workers

It is the responsibility of the United States Employment Service to assign workers to other employers as they become available for employment.


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Transported workers who become available for successive assignment to employers shall only be assigned to farm employers who have been approved by the Farm Security Administration. The procedure applicable to the reassignment of workers will be the same as that governing the original assignment of workers.

V. Additional Information Concerning the Transportation Program for Domestic Agricultural Labor

  • A. Domestic agricultural workers and members of their families shall be transported from points of origin within the local areas in which they reside to original points of destination within the particular area of employment and from such points of destination to intermediate points of destination within such or other particular areas of employment and return to their points of origin by facilities duly licensed to transport passengers.
  • B. Costs of transportation of domestic agricultural workers and members of their families from points of origin to points of destination and from such points of destination to intermediate points of destination and return to points of destination all subsistence, medical and other necessary services and facilities provided while en route shall be paid for by the Farm Security Administration.
  • C. Personal belongings of domestic agricultural workers and members of their families to a maximum of 75 pounds per person shall be transported at the cost of the Farm Security Administration.
  • D. Costs of transportation of domestic agricultural workers, and of members of their families if the transportation thereof should be necessary, from original or intermediate points of destination within a particular area of employment to actual place of employment upon agricultural lands and return to such original or intermediate points of destination shall be paid for by the employers of such domestic agricultural workers.
  • E. Prevailing wage rates shall be established pursuant to evidence adduced at hearings held by, or submitted by interested parties to, wage boards appointed for such purpose by the Secretary of Agriculture.
  • F. Domestic agricultural workers transported into particular areas of employment shall enjoy the rights and privileges, with reference to occupational diseases and accidents, as are afforded under federal and state statutes.
  • G. The Farm Security Administration, in cooperation with appropriate federal and state agencies, shall make all necessary provisions for insuring continuous compliance by employers of domestic agricultural workers transported under this program with wage provisions, working conditions, housing, sanitary and other living standards, transportation
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    requirements and all other provisions of employment contracts entered into by such employers and shall provide the necessary machinery for satisfying grievances and resolving disputes.
  • H. The Farm Security Administration will enter into agreements with domestic agricultural workers transported under this program which will guarantee employment or, in the absence of employment, the making of a minimum subsistence payment of $3.00 per day, for 75 percent of the work days (Sunday is not a work day) during the period of employment specified in the agreement between the Farm Security Administration and domestic agricultural workers, provided that the amount of such subsistence payment, if any, as is required to be made under such agreement shall be computed and the payment thereof shall be made at the end of the period of employment; and such agreements will provide in addition, in the event of need, for the furnishing of subsistence and shelter during the periods of unemployment within the period of employment specified in the agreement between the Farm Security Administration and a domestic agricultural worker.
  • I. The agreements entered into by the Farm Security Administration with domestic agricultural workers transported into particular areas of employment and with employers of such domestic agricultural workers will contain such provisions as, in the opinion of the Farm Security Administration, may be necessary to effectuate the objectives of the program.

VI. Publicity

The Farm Security Administration, will, together with the United States Employment Service and appropriate federal agencies give widespread publicity to its program for the transportation of domestic agricultural workers by newspaper statements, radio announcements, and other means.

VII. Action Necessary

Regional Representatives, United States Employment Service, State Directors and local office managers shall take all necessary steps to see that the instructions specified in this bulletin are made effective immediately.

About this text
Courtesy of The Bancroft Library, University of California, Berkeley, CA 94720-6000; http://bancroft.berkeley.edu/
http://content.cdlib.org/view?docId=hb9j49p4n9&brand=oac4
Title: Farm Security Administration reports and miscellaneous documents : Mexican Farm Labor Transportation Program
By:  United States. Farm Security Administration, Author
Date: 1942-1943
Contributing Institution: The Bancroft Library, University of California, Berkeley, CA 94720-6000; http://bancroft.berkeley.edu/
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