― 1 ―
CONTRACT FOR EMPLOYMENT OF AGRICULTURAL WORKERS IMPORTED FROM MEXICO
California Farm Production Council
THIS CONTRACT, Made this_________________________day of_________________________, 194_____, between the CALIFORNIA FARM PRODUCTION COUNCIL acting by and through the California Farm Production Director, hereinafter called the "Council" and Name of employer _________________________, of Address of employer _________________________, State of California, hereinafter called the "Employer."
WHEREAS, The Council acting in accordance with the duties and powers delegated to it by the California Food and Fiber Act desires to cooperate with Farmers in making agricultural workers available to alleviate the present shortage of agricultural labor and to aid in the successful prosecution of the war, and
WHEREAS, In order to effect this purpose the Council has entered into a cooperative Employment Agreement with United States War Food Administration, Office of Labor, for the employment of agricultural workers being imported from Mexico, and
WHEREAS, The Council in cooperation with the County Farm Production Committees of various counties will assist in establishing County Farm Labor Supply Centers for the distribution to farmers of agricultural workers imported from Mexico;
NOW, THEREFORE, In consideration of the foregoing, and of the undertakings hereinafter stated, the Council and the Agricultural Employer agree as follows:
1. Subject to a sufficient number of Mexican agricultural workers being obtainable by the Council, the Employer shall employ upon the following terms, Number _________________________ such agricultural workers.
a. The employer agrees to employ each worker exclusively as an agricultural worker, for at least seventy-five per cent (75%) of the work days (each day in the week except Sunday to be considered a work day) between _________________________, 19_____, and _________________________, 19_____, and for such further time as the Employer and the Council may mutually agree, such entire time being hereinafter called the "period of employment."
b. The Employer shall be required to furnish such employment to a worker hereunder only so long as the worker is ready, willing, and able to work under the supervision and direction of the Employer; but shall not demand the worker to work on Sundays.
c. The Employer shall pay each worker a minimum subsistence allowance of three dollars ($3.00) per day for each work day within said minimum of seventy-five per cent (75%) of the work days that the worker is not 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 shall be computed and payment therefor shall be made at the end of each ninety (90) day period, if this contract is for a period in excess of ninety (90) days.
d. The Employer shall provide board and lodging for the remaining twenty-five per cent (25%) of the period of employment provided in this contract during which the workers may be unemployed, when such unemployment is not due to their unwillingness to work. The United States War Food Administration will reimburse the Employer for such board and lodging paid up to January 1, 1944, or until the termination of this contract, whichever is the earlier.
e. 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 paragraph 1a of this agreement, hours of work less than eight done on any day except Sunday may 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 work day.
f. Work shall be paid for in lawful money of the United States Government at the end of each week of work, or at the end of the customary payroll period if those periods do not exceed semi-monthly intervals at not less than the prevailing piecework or hourly wage rates within the particular area of employment; provided, however, that the Council reserves the right to remove any worker who does not average three dollars ($3.00) a working day in any pay day period. The prevailing wages shall be determined in such manner as the Agricultural Extension Service may direct.
g. It is mutually agreed that a worker of average ability is one who can, after a three-day training period, at the prevailing piecework rate established by the U. S. Government, earn at least three dollars ($3.00) per day.
h. The Employer shall pay all costs of transportation of the worker from the County Labor Supply Center to place of employment and return.
― 2 ―
i. No deduction from wages shall be made for commissions, fees, or any other purpose (except as may be required by law), which shall have the effect of reducing the worker's wages below those required by paragraph 1f of this agreement.
j. The Employer shall retain from each worker transported from Mexico, ten per cent (10%) of his wages and subsistence allowance provided for in paragraph 1c. Such sums will be paid to the Council at the time and in the manner prescribed by the Council.
k. The workers shall be entitled to the benefit and protection of applicable laws and regulations of the U. S. Government and the State of California, and the Employer shall provide Workmen's Compensation Insurance for all workers employed hereunder during the period of employment. No Employer shall loan or reassign any Mexican workers to other Employers without it being first determined that such prospective Employer carries Compensation Insurance.
l. 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.
m. 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.
n. Mexican nationals shall have the right to join with other workers in the election of representatives to bargain and negotiate with the Employer; provided, however, that any of the workers who have been transported by the Government from Mexico for employment shall join only with other such workers transported from Mexico, and shall elect their representatives from such workers.
o. There shall be no strikes, 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.
2. The Council 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 the Council.
3. The Employer shall keep, upon forms to be supplied by the Council, full and complete records of the employment and wages of each worker under this agreement. Such records shall be at all times open to inspection and examination by the Council, which shall be entitled to make copies thereof.
4. The Employer shall pay to the Council for the cost of operation of the Farm Labor Supply Center, four cents (4¢) per man-hour worked by each worker under this agreement. This sum shall be used to pay cost of rental of supply centers, supervision, allocation of workers to farmers, accounting, liability insurance of workers while under camp supervision and all other items of necessary expense for the operation of such Farm Labor Supply Centers. To partially defray these expenses the Employer is required to deposit with the Council at the time of signing this contract two cents (2¢) per hour for the estimated hours that will be worked under this contract, the remaining two cents (2¢) per hour is to be paid at the end of each payroll period for the hours worked during such period.
5. If the Council determines that the Employer has violated any of the terms or undertakings of this agreement, it may, without waiving any other remedy or course of action, deprive the Employer of the further services of the workers under this agreement.
6. In the event the employer furnishes board and lodging for any Mexican workers, such board shall be at cost and in no case shall it exceed one dollar and fifty cents ($1.50) per day. Lodging shall be furnished free and shall meet the housing requirements of the State of California. Each Mexican worker has been provided with food ration books by the United States Government. The Employer shall be responsible for the proper use and safe return of each worker's ration books. All books shall be returned intact and with only the necessary stamps removed for the purchase of food for the worker during the period of his employment. The Employer shall use a like number of food stamps from each worker's ration books for the same employment period. If, at the termination of employment of any worker, the Employer has in his possession any food purchased with the worker's food stamps, the Council reserves the right to purchase such food at cost.
7. Any rights, privileges, and powers conferred herein upon the Council shall be exercised in its behalf by the California Farm Production Director.
IN WITNESS WHEREOF, The Council and the Employer have executed this agreement as of the date first above written.
CALIFORNIA FARM PRODUCTION COUNCIL
California Farm Production Director