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 _________________________, 194_, between the United States of America, hereinafter called the "Government," and _________________________, a corporation 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 recruit and transport agricultural workers for employment by the Employer, from points of origin or intermediate points in the United States or Mexico, to _________________________, _________________________, _________________________, _________________________, and _________________________, all in the State of _________________________, hereinafter called "destination points," 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 the destination points designated above, not later than _________________________, 194_____, the number of workers to be transported to each destination point being as follows:
). for, as to each worker, at least seventy-five (75) percent of the work days, each day in the week except Sunday to be considered a work day, between the day following the day of the arrival of such worker at the destination point of such worker and _________________________, 194_____, 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 or its duly authorized representative; 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 work day within said minimum of seventy-five (75) percent 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.
- c. A work day 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 less than a work day (as above defined) may be added to hours of work done on other days (other than Sundays) not constituting work days, and for such purpose each ten hours of work shall be counted as a work day.
- d. Work shall be paid for in lawful money of the United States Government at the end of each week of work, at not less than the prevailing wage rates within the particular area of employment; provided, however, that piece work rates, for work to be performed upon that basis, shall be set, 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; and, provided further, that if and while the wage rates paid to other workers for similar work is higher than such prevailing wage rates any worker transported pursuant to this agreement shall be paid at such higher rates. The prevailing wage rates shall be conclusively determined by the Government.
- e. The Employer shall pay all costs of transportation of the workers (and the members of their families transported with them by the Government to the above-specified point of destination) between said destination point and the place or places at which the workers are to perform their work.
- f. No deductions from wages shall be made for commissions, fees, or any other purpose (except as may be required by law), which shall have the effect of reducing the workers' wages below those required by paragraph 2 d above, provided that this provision shall not be construed so as to prohibit charges for board or reimbursement for other indebtedness incurred by the workers.
- g. The Employer shall pay to the Government in trust for each such worker who has been transported by the Government from Mexico for employment in the United States, ten (10) percent of his wages and of the subsistence allowance provided for by paragraph 2 b, which portion of his wages and subsistence allowance each such worker will have assigned to the Government in trust, to be held or controlled and disposed of by the Government under the terms of its agreement with the worker.
- h. The workers shall be entitled to the benefit and protection of all applicable child labor, compensation, and other laws and regulations of the Government and of the State or States in which the work is performed.
- i. The workers shall not be required to purchase articles or services for consumption or use by them or their families at any source not of their choice.
- j. The 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. 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.
- l. 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.
- m. 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, to be held and expended by it in trust, subject to the terms of this cooperative agreement, the sum of $5.00 for each such worker transported to the above named destination point by the Government. Each payment shall be made upon demand by the Government after the arrival of the worker at the specified destination point. The Employer at the time of the execution of this agreement shall deposit with the Government as an advance to be applied by it to the payment of said sums, the sum of $—. The Government shall refund to the Employer as soon as practicable after termination of employment hereunder, such part of the sum so deposited as the Government is not entitled to under the first two sentences of this paragraph.
4. The Government shall determine from time to time, and its determination shall be conclusive, whether the Employer has paid all sums to be paid by him hereunder, and shall have the right to pay (as subsistence allowances or otherwise) to the persons it determines to be entitled thereto all or any part of any such sums which it determines have not been paid, in which case the Employer shall repay to the Government, upon demand by it, all sums so paid, together with interest thereupon at the rate of five (5) percent per annum from the date or dates of such payments by the Government, to be held and expended by the Government in trust subject to the terms of this cooperative agreement.
5. The sums paid to the Government under paragraphs 3 and 4 above shall be held by it in trust, and used and expended within and for the program (of which this agreement is a part) to provide an adequate supply and distribution of labor to produce, harvest, and process crops essential to the war effort. The Government may pool said sums with other funds available for said program, and shall not be required to keep separate accounts or records therefor.
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. 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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