Farm Security Administration reports and miscellaneous documents, 1942-1943
COOPERATIVE EMPLOYMENT AGREEMENT
UNITED STATES DEPARTMENT OF AGRICULTURE
FARM SECURITY ADMINISTRATION
THIS COOPERATIVE EMPLOYMENT AGREEMENT made this _________________________day of _________________________, 1943, between the United States of America, hereinafter called the "Government", and _________________________, an association organized and existing under and by virtue of the laws of the State of _________________________, hereinafter called the "Employer."
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 select and transport agricultural workers for employment by the Employer, from points of origin or intermediate points in the United States or Mexico, to _________________________, in the State of _________________________, hereinafter called "destination point", and, upon completion of that employment to the point 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 laborers, as many such agricultural workers, up to _________________________, as are transported by the Government to the destination point(s) not later than _________________________, 19_____, the number of workers to be transported to each destination point being as follows: up to _________________________ workers to _________________________,
for, as to each worker, at least seventy-five percent (75%) of the workdays, each day in the week except Sunday to be considered a workday, between the day following the day of the worker's arrival at one of the destination points and _________________________, 19_____, hereinafter called the `period of employment', upon the following terms:".
- a. The employer shall be required to employ those agricultural workers on agricultural labor, and such labor shall be confined to the production, harvesting and farm processing (including work in connection therewith) of those crops certified by the United States Employment Service of the War Manpower Commission and designated by the Secretary of Agriculture as crops for which labor may be transported under the Government Transportation program.
- b. The Employer shall be required to furnish such employment to a worker hereunder only so long as the worker is ready, willing, and able to work under the supervision and direction of the Employer or its duly authorized representative; but shall not require the worker to work on Sundays.
- c. The Employer shall give each such worker a minimum subsistence allowance of $3 per day for each work day within said minimum of seventy-five (75) per cent of the work days that he is not so employed; provided, however, that no subsistence allowance shall be made for work days 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 payment thereof shall be made at the end of the employment period.
- d. A workday shall contain not less than eight hours nor more than twelve hours; provided, however, that to determine the
amount of employment under paragraph 2 of this agreement, hours of work less than eight done on any day except Sunday may,
if the Government
― 2 ―consents, be added to hours of work less than eight done on any other day except Sunday, and for such purpose, each ten hours of work shall be counted as a workday.
- e. Work shall be paid for in lawful money of the United States Government weekly, at the prevailing wage rate within the particular area of employment as determined by the Wage Board appointed by the Secretary of Agriculture for that purpose, for the particular crop and for the particular type of labor being performed; provided that piece work rates for work to be performed upon that basis, shall be set, so as to enable the workers, if of average ability, to earn not less than the prevailing wages; provided, further, that the wage rates set for either hourly or piece work shall in no event be less than 30 cents per hour. It is understood that in those types of work requiring previous experience and training, workers without such experience or training shall be paid at an hourly learning rate, if such rate is established at the Wage Board hearing. In such event, however, the Employer guarantees that this provision shall not be used as a device for lowering the prevailing wage. It is mutually understood that during such training or learning period, the employer shall furnish the necessary trained personnel to train such workers.
- f. The Employer shall pay all costs of transportation of the workers (and the members of their families transported with them by the Government to the above-specified point of destination) between the destination point(s) to which they were so transported by the Government and the place or places at which the workers are to perform their work, hereunder, and return to their said destination point(s).
- g. No deductions from wages shall be made for commissions, fees, or any other purpose (except as may be required by law), which shall have the effect of reducing the workers' wages below those required by paragraph 2e above, provided that this provision shall not be construed to prohibit charges for board or reimbursement for other indebtedness incurred by the workers.
- h. The Employer shall pay to the Government in trust for each such worker who has been transported by the Government from Mexico for employment in the United States, ten (10) percent of his wages and of the subsistence allowance provided for by paragraph 2c, which portion of his wages and subsistence allowance such worker will have assigned to the Government in trust, to be hold or controlled and disposed of by the Government under the terms of its agreement with the worker. This payment shall be made to the government upon request, and in no event more than 10 days after the termination of the contract period.
- i. The workers shall be entitled to the benefit and protection of all applicable child labor, and other laws and regulations of the Government and of the State or States in which the work is performed, and the Employer shall provide Workmens Compensation Insurance for all workers employed hereunder during the period of employment. A copy of the Compensation Insurance policy or evidence thereof shall be furnished.
- j. The workers shall not be required to purchase articles or services for consumption or use by them or their families at any source not of their choice.
- k. 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.
- l. The Employer shall make available to the workers and their families, without charge, such shelter facilities as are owned
by the Employer and are not otherwise occupied within the period of employment, and
― 3 ―being provided further, that if any of these workers are housed in facilities owned by the Government, the workers will be transported to the job and returned each day by the Employer without cost to the worker.
- m. The workers shall have the right to join with other workers in the election of representatives to bargain and negotiate with the Employer; provided, however, that any of the workers who have been transported by the Government from Mexico for employment shall join only with other such workers transported from Mexico, and shall elect their representatives from such workers.
- n. There shall be no strikes, lockouts, or stoppages of work during the period of employment. All disputes between the workers and the Employer shall be determined by mediation according to procedure prescribed by the Government.
3. The Employer shall pay to the Government the sum of $5.00 for each such worker transported to one of the destination point(s) by the Government. Each payment shall be made upon demand by the Government after the arrival of the worker at one of the destination point(s). The Employer at the time of the execution of this agreement shall deposit with the Government as an advance to be applied by it to the payment of said sums, the sum of $_________________________.
4. The Employer shall furnish board to the worker without profit to the Employer and in no event shall the charge for such board exceed $_________________________ per day per worker; provided, however, that if a majority of the workers in each grower-unit of the Association under this contract shall prefer to prepare their own food or obtain board elsewhere, the Employer shall not be obligated to furnish board to any of the employees, but if requested shall use his best efforts to assist them in obtaining cooking equipment.
5. The Government shall determine from time to time, and its determination shall be conclusive, whether the Employer has paid all sums to be paid by him hereunder, and shall have the right to pay (as subsistence allowances or otherwise) to the persons it determines to be entitled thereto all or any part of any such sums which it determines have not been paid, in which case the Employer shall repay to the Government, upon demand by it, all sums so paid, together with interest thereupon at the rate of five (5) percent per annum from the date or dates of such payments by the Government.
6. The Employer shall keep full and complete records of the employment and wages of each worker under this agreement, using for such purposes forms to be supplied by the Government. Such records shall be at all times open to inspection and examination by the Government, which shall be entitled to make copies thereof. The Employer shall also file with the Government such reports concerning said employment and wages as the Government may from time to time require.
7. The Employer shall immediately furnish the Government with a performance bond in the penal sum of $_________________________, in the form and with a surety company approved by the Government, conditioned upon the performance by the Employer of all the terms and undertakings of this agreement and upon the prompt payment by the Employer to the workers and the Government of all sums due to them or any of them hereunder.
8. All rights, privileges, and powers conferred herein by the Government shall be exercised in its behalf by the Administrator of the Farm Security Administration, United States Department of Agriculture, or his duly authorized representative.
IN WITNESS WHEREOF, the Government and the Employer have executed this agreement as of the date first above written.
United States of America
United States Department of Agriculture
Courtesy of The Bancroft Library, University of California, Berkeley, CA 94720-6000; http://bancroft.berkeley.edu/
Title: Farm Security Administration reports and miscellaneous documents : Mexican Farm Labor Transportation Program
By: United States. Farm Security Administration, Author
Contributing Institution: The Bancroft Library, University of California, Berkeley, CA 94720-6000; http://bancroft.berkeley.edu/
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