Longshoremen and Harbor Workers — Amendment
H.R. 1258 — Public Law 87-87, approved July 14, 1961
This measure amends the Longshoremen's and Harbor Workers' Compensation Act by—
Increasing the maximum level of weekly compensation benefits payable to workers or to the beneficiary of workers within the coverage of the act who are injured or disabled within the scope of their employment from $54 to $70;
Providing comparable increases in death cases, adjusting the ceiling on average weekly wages from $81 to $105; and
Increasing the statutory maximum compensation payable for all injuries other than cases of permanent total disability or death from $17,280 to $24,000.
The Longshoremen's Act establishes the standards for workmen's compensation for workers employed within the admiralty and maritime jurisdiction of the United States and by extension constitutes the workmen's compensation law for employees privately employed in the District of Columbia, for U.S. citizens employed by contractors with the Federal Government outside the continental United States, and for employees of employers engaged in operations on the Outer Continental Shelf. The benefits under these acts are paid by private employers or their insurers and not by the Government.
H.R. 3935 — Public Law 87-30, approved May 5, 1961
Congress enacted and the President signed into law a measure extending coverage to 3,624,000 workers and an ultimate increase to $1.25 for presently covered workers. As enacted the amendment to the Fair Labor Standards Act of 1938 will:
1. Increase the minimum wage for presently covered employees to $1.15 an hour for the first 2 years after the effective date and $1.25 an hour beginning 2 years after the effective date (23.9 million).
2. For newly covered employees the minimum wage and overtime will be—
First year after effective date $1, no overtime requirements;
Second year $1, no overtime requirements;
Third year $1, 44 hours a week;
Fourth year $1.15, 42 hours a week;
Fifth year $1.25, 40 hours a week.
3. Cover (3,624,000 newly covered):
(a) Retail and service enterprises: Covers retail enterprises which have a million dollars or more in annual sales (exclusive of excise taxes at retail level) and which purchase or receive goods for resale that move or have moved across State lines which amount in total annual dollar volume to $250,000 or more— 2,182,000 employees.
(b) Gasoline service stations which have $250,000 or more in annual sales (exempt from overtime)— 86,000 employees.
(c) Suburban and interurban transit companies which have $1 million or more in annual sales (exclusive of excise taxes at the retail level) covered for minimum wage but not overtime— 93,000 employees.
(d) Establishments which have some covered employees, all employees are covered if they are in an enterprise which has $1 million or more in annual sales— 10,000 employees.
(e) Construction enterprises which have at least $350,000 in annual business covered for minimum wage and overtime— 1 million employees.
(f) Seamen on American-flag vessels covered for minimum wage but not overtime— 100,000 employees.
(g) Telephone operators, but exempts those employed by an independently owned public telephone company which has not more than 750 telephones— 30,000 employees.
(h) Seafood processing employees for minimum wage but not overtime— 33,000 employees.
4. Exclude from coverage in the retail trade: Auto dealers and farm implement dealers, hotels, motels, restaurants including retail store lunch counters, caterers and similar retail food services, motion picture theaters, hospitals, nursing homes, schools for handicapped or gifted children, amusement or recreational establishments operating on a seasonal basis, and any small store which has less than $250,000 in annual sales even if it is an enterprise that has more than $1 million in annual sales.
5. Provide for special problems in retail and service trades:
(a) Commission employees in retail stores exempt from overtime if more than half their pay is from commissions and if they earn at least time and one-half the minimum rate.
(b) Assistant managers of retail stores exempt even if they perform up to 40 percent non-executive and non-administrative work.
(c) Student workers may be employed in retail trades at sub-minimum rates under certificates issued by the Secretary in occupations not ordinarily given to full-time employees.
6. Exclude the proposed new coverage and the changes in exemptions for laundries that were contained in the Senate-passed bill. (Existing law remains the same for laundries.)
7. Provide other exemptions:
(a) Announcers, news editors, and chief engineers of broadcasting companies located in non-metropolitan cities of 100,000 or less population exempt from overtime.
(b) Independently owned and controlled local enterprises engaged in bulk petroleum distribution exempt from overtime if their annual sales are less than $1 million (exclusive of excise taxes).
(c) Trip rate drivers and drivers' helpers making local enterprises exempt from overtime if the Secretary of Labor finds that the plan under which they are paid is consistent with the principle of the 40-hour work week.
(d) Employees working in a livestock auction held by a farmer need be paid the minimum rate only for the hours they work at the auction if during that workweek they are employed primarily in agriculture by the farmer.
(e) Employees in country elevator establishments in the area of production exempt from both minimum wage and overtime if they have no more than five employees.
(f) Employees engaging in ginning cotton for market in counties where cotton is grown in commercial quantities exempt from minimum wage and overtime.
(g) Homeworkers making natural holly wreaths exempt from the act.
(h) Agricultural employees engaged in bulking shade-grown tobacco if they were employed in the growing and harvesting of the tobacco exempt from minimum wage and overtime.
(i) Employees transporting fruits and vegetables from the farm to market or transporting harvesting hands within the State exempt from minimum wage and overtime.
8. Include board and lodging as wages on the basis of a fair-value calculation made by the Secretary; also such prerequisites may be excluded from wages to the extent that they are excluded under a collective bargaining agreement.
9. Authorize the Secretary of Labor to study employment effects of imports and exports in industries covered by the act and report the results to the President and Congress.
10. Authorize the Secretary to study the exemptions in the act for handling and processing agricultural products as well as the rates of pay in hotels, motels, restaurants, and other food-service enterprises and report the results with recommendations to the next session of this Congress.
11. Increase the minimum wage in Puerto Rico for presently covered employees by the same percentage as the mainland minimum, subject to review by industry committees in hardship cases; for newly covered employees the rates will be set by industry committee procedures.
12. Be effective 120 days after enactment.
S. 2395 — Public Law 87-825, approved September 22, 1961
To bring the railroad retirees in line with the beneficiaries of social security, this amendment provides that men as well as women can obtain a reduced annuity after attainment of age 62 even though they do not have 30 years of creditable service. The reduction would be by one one-hundred-and-eightieth for each calendar month the applicant is under age 65 when the annuity begins to accrue.
The requirement of at least 10 years service for eligibility for any retirement annuity remains unchanged, as does the right of a woman with 30 years' service to obtain a full annuity at age 60 and the right of any individual to obtain a full annuity before age 65 on the basis of disability.
Reduces from 3 years to 1 the time required to elapse after marriage before any wife or husband who is otherwise eligible for a spouse's annuity can qualify.
The measure also provides that women who had qualified for an annuity under the Railroad Retirement Act as a widow before their marriage not to be disqualified for an annuity as the widow of the new husband if he dies within 1 year of marriage.
Manpower Retraining Act
S. 1991 — Public Law 415, approved March 15, 1962
Authorizes a 3 year, $435 million manpower training program to help alleviate the long-term unemployment problem.— The act will enable workers whose skills are obsolete to receive training which will qualify them to obtain and hold jobs, with priority given to unemployed persons including those in farm families with a net income of less than $1,200 a year.
Appropriations.— Authorizes $5 million for the balance of fiscal year 1962 to set up the program; $100 million for fiscal year 1963; $165 million for each of fiscal years 1964 and 1965; however, the last year of the program (fiscal year 1965) the States must assume 50 percent of the cost of the program.
Training allowances. — Maximum of 52 weeks, with payments primarily equal to unemployment compensation payments.
Trainee selection.— Primarily for unemployed persons who cannot reasonably be expected to secure full-time employment without training; includes persons with 3 years' working experience who are heads of families or households; grants the Secretary discretionary authority to permit occupational training of youths over 19 and under 22 in certain exceptional cases, but sets a ceiling on payments of $20 a week. (No more than 5 percent of the total allowances can be used for this age group.)
On-the-job training.— Provides for a stepped-up program of promoting on-the-job training. Reduced training allowances will be made available for those undergoing part-time vocational training as part of the on-the-job training program.
Travel and subsistence.— $5 a day (up to $35 a week) for subsistence and 10 cents a mile for transportation can be made to individuals receiving training away from home.
Employment guidance.— Authorizes the Secretary of Labor to provide a program for testing, counseling, and employment guidance for occupational training and further schooling, whenever he finds such program necessary. Limits this program to youths between the ages of 16 and 21.
Safeguards.— To prevent its benefits from being used in "pirating" industry from one location to another; to require that States maintain existing levels of expenditure for vocational education and training from their own funds; and to encourage prospective trainees to accept training opportunities rather than remain on unemployment compensation.
National Advisory Committee.— Authorized the Secretary of Labor to appoint a National Advisory Committee consisting of 10 members composed of representatives of labor, management, agriculture, education, and training, and the public in general.
Report.— Requires an annual manpower report to Congress by the Secretaries of Labor and HEW.
Estimated trainees.— Sponsors of the measure estimate 160,000 persons will receive training the first year and 285,000 the second year. With the extra money expected from the States in the third year, the figure could rise to 570,000.
Six months after enactment, President Kennedy had this to say:
I consider the Manpower Development and Training Act of 1962 one of the most important measures ever passed by Congress to help foster our Nation's technological development, strengthen our domestic prosperity, and maintain our position of leadership in the world. This bill attacks one of the basic causes of long-term unemployment, and encourages sound manpower planning based on research. It is a bill which will help eliminate waste of our human resources wherever it may occur throughout the Nation.
You who have agreed to serve on the National Advisory Committee on Manpower Development and Training have the opportunity to contribute a great deal to the success of this extremely important program. I thank you for agreeing to serve and I wish you success in your endeavors.
For too long a time we have paid lip service to our Nation's manpower problems without doing anything significant to solve them. We have "viewed with alarm." We have "urged that something be done." We have "summarized the situation." But, until the Manpower Development and Training Act was passed during this session of the 87th Congress, concrete proposals aimed at solving our manpower problems were hard to come by. Now we have a program for training the unemployed and the underemployed. Now we have a broad program of manpower research.
I am pleased to note that 138 training programs in 20 States have already been initiated under the new act. This is a good beginning, but it is only a beginning. I am certain that if our manpower programs are administered with wisdom and imagination, we will be in a far better position to face the inevitable problems that are generated by a highly complex and constantly evolving technology.
You have the opportunity to see to it that this goal is reached. The Manpower Training and Development Act is not a panacea which will cure all our manpower problems. It is, however, a potent tool which can be used effectively against unemployment and for the promotion of a highly skilled labor force throughout the entire Nation.
Migratory Health Services
S. 1130 — Public Law 87-692, approved September 25, 1962
Authorized a $3 million a year, 3-year program in Federal grants to public or nonprofit agencies and organizations for paying part of the cost of establishing and operating family health clinics and special health projects for domestic migratory farm families. The program would operate through local, State, and Federal health agencies.
Nonquota Immigrants — Skills
S. 3361 — Public Law 87-885, approved October 24, 1962
Facilitated entry into the United States of certain skilled aliens whose services are urgently needed and certain relatives of U.S. citizens. In addition, the bill permits the creation of a record of lawful admission for permanent residence in the cases of certain aliens who entered the United States before December 24, 1952.
Welfare and Pension Plan Amendments
H.R. 8723 — Public Law 87-420, approved March 20, 1962
This presidential recommendation is designed to close existing gaps and strengthen the 1958 Welfare and Pension Plans Disclosure Act by—
Empowering the Secretary of Labor to require publication and filing of both a description of the plan and an annual report which will serve to inform the participants of the nature and financial structure of the plan. It empowers the Secretary to prescribe the form and the detail of both the description and the annual report. In addition, it authorizes the Secretary, after hearing and notice, to prescribe other modes or periods for publication of the required information if such information could not be practicably ascertained or made available in the manner or for the period prescribed by the statute.
Requiring an enumeration of assets in the annual report instead of a summary of assets and liabilities are required by the 1958 act.
Relieving administrators of plans covering less than 100 participants from the annual report requirement unless the Secretary, after investigation, determines such report should be filed and published. This, however, does not relieve the administrator from the description requirement. Makes the contents of descriptions and regular annual reports public information and permits the Secretary to publish any information and data derived from such descriptions and regular annual reports where to do so would protect the interests of participants or beneficiaries.
Continuing present exemption from reporting for all plans covering 25 or less employees.
Requiring bonding of administrators, officers, and employees of employee welfare or pension benefits plans.Authorizes the Secretary to set the standards for the bonds. However, if the Secretary authorizes a bond of $500,000 or over, his authority is limited so as to insure that he will not be permitted to require a bond in excess of 10 percent of the amount of funds handled. The plan can be exempted from the bonding requirement if the administrator offers adequate evidence of financial responsibility and also when he is of the opinion that other bonding arrangements would provide adequate protection for the participants and beneficiaries. Thus, the intent is that the Secretary of Labor will, by regulation or by a case-by-case procedure, be empowered to accept other forms of surety to protect welfare and pension funds.
Creating a 13-member advisory council to advise the Secretary and submit recommendations to him.
Adding three new sections to title 18 of the code, imposing criminal sanctions for theft or embezzlement, for false statements and concealment of facts in relation to documents required by the act, or offer, acceptance, or solicitation to influence operations of employee benefit plans (kickbacks).
Authorizing the Secretary to investigate the possible violations of the statute. He may initiate the action or it may follow a complaint of violation. However, the investigation may be undertaken only where he has first required certification of the annual report by an independent certified public accountant. He is authorized to institute actions in the U.S. district courts to enjoin violations of the statute.
Work Hours Act
H.R. 10786 — Public Law 87-581, approved August 13, 1962
Provided for a single general hours act establishing standards for hours of work and overtime pay for laborers and mechanics employed under U.S. Government contracts or under federally assisted programs.
Provided for a standard workweek of 40 hours with not less than time and a half for overtime work after an 8-hour day or a 40-hour week.
Agricultural Workers Fair Labor Standards
S. 523 — Passed Senate June 11, 1963; pending in House Education and labor Committee
This legislation amends the agricultural child labor provisions of the Fair Labor Standards Act. These provisions presently provide that a child below the age of 16 may not be employed in agricultural work during regular school hours. There is a total exemption, however, for agricultural work outside school hours, that is, a child of any age may be employed in agriculture before and after classes during a regular school session or during vacation periods. This bill narrows the exemptive area with regard to agricultural work outside school hours. It does not affect the 16 age minimum already applicable to agricultural work during regular school hours.
Specifically, it permits a child to be employed in agricultural work outside of school hours—
1. If he is employed by his parents on the home farm; or
2. If he is 14 years of age or over; or
3. If he is between 12 and 14 years of age and commutes daily from his permanent residence and has the written consent of his parents.
The bill also makes any employer of a child, other than the child's parent, employed in agriculture under the age of 18 strictly liable for disability or death arising out of such employment. If, however, the employment is covered by a State workmen's compensation law, the employer's liability is discharged.
Day-care Services for Migrant Farm Children
S. 522 — Passed Senate June 10; pending in House Education and Labor Committee
Establishes a 3-year program to assist States in providing day-care services for children of migratory workers, and authorizes an annual appropriation of $750,000 beginning with fiscal year ending June 30, 1964, to pay part of the cost of establishing and operating such facilities.
Manpower Training Act Amendments
H.R. 8720 — Public Law 88-214, approved December 19, 1963
This measure waives the State matching requirement for fiscal 1965 and extends the Manpower Training Act for 2 additional years with the requirement that States match one-third and one-half, respectively, in fiscal year 1966 and 1967.
Authorizes training in education at the basic level for those unable to qualify for occupational training provided evidence exists of intention to under training and, for this group, an additional 20 weeks of training allowances are authorized.
Expands the youth training program by lowering the age limit for allowances from 19 to 17, subject to a restriction of 1-year waiting period for school dropouts, by increasing the proportion of youth receiving allowances to 25 percent of those receiving allowances and restricts these allowances to those in special youth training projects.
Authorizes $50 million in new funds for fiscal 1964 and $100 million for fiscal 1965.
Reduces the work experience requirement from 3 to 2 years and permits payment of an allowance to any one member of a family in training if the head of the family is unemployed.
Provides for a training incentive of up to $10 a week and permits trainees to engage in part-time work up to 20 hours a week without a reduction in the training allowance.
Authorizes a pilot program for labor mobility demonstration projects limited to a maximum expenditure of $4 million to expire June 30, 1965.
Provides for additional utilization of private training institutions in those cases where the quality is comparable and the cost to the Federal Government is lower.
In signing this bill into law, President Johnson said:
I am very glad to approve these amendments to the Manpower Development and Training Act. I would especially like to compliment Senator Clark and Congressman Holland who conducted hearings on this legislation, and I want to congratulate the entire Congress for acting with such dispatch, particularly the Members of both parties.
Under this legislation we are taking some very necessary and very important steps to continue the success achieved thus far under the Manpower Development and Training Act enacted last year. We are making it possible for those who lack sufficient education to take advantage of the act to obtain the basic education that is essential to the undertaking and profiting from occupational training.
Second, we are lowering the age limit for youth training activities to permit payment of allowances to young people of 17 and 18 years of age because workers under 19 years of age account for 16 percent of our unemployment. We are providing a modest increase in training allowances for family breadwinners and postponing for another year the requirement for State matching so that we may have time to properly appraise the program further. All these steps of course are important. They are important in principle as well as in the practical terms of the 93,000 additional persons these provisions should permit to be trained.
Migratory Farmworkers— Educational Opportunities
S. 521 — Passed Senate June 10, 1963; pending in House Education and Labor Committee
Authorized a 5-year program to aid in the education of the children of migratory workers. The Federal Government will pay 100 percent of the program the first 2 years and the States and Federal Government will match costs for the next 3 years. Federal assistance will be given the States to help defray costs for education during the regular school session; the child must attend school in a State for at least 5 days before assistance would be available; $300,000 would be provided annually for summer schools for migratory children; $250,000 would be granted annually to provide interstate planning and coordination of the education programs; $200,000 annually would be authorized to help pay for pilot projects for fundamental, practical education for adult migratory workers. The program would be administered by the U.S. Commissioner of Education.
Migratory Health Services
S. 526 — Passed Senate June 10; pending in House Interstate and Foreign Commerce Committee
This bill authorizes an appropriation of $2,500,000 for fiscal year ending June 30, 1964, and for each of the 4 succeeding fiscal years to enable the Surgeon General to make grants to States (1) that have submitted, and had approved, a State plan to provide adequate sanitation facilities for migratory farm families, (2) for surveys by States that need to determine the extent of the need for such sanitation facilities, and (3) for field-sanitation projects.
The amount of funds allotted to a State for subsequent distribution under its plan would be determined by the number of migratory workers involved, the length of time they spend in the State, and the extent of the need for adequate sanitation facilities. Funds not used by a particular State may be reallotted to another State with needs exceeding its allotment.
A State plan to improve sanitation conditions shall (1) designate a single State agency to administer the funds provided; (2) show the need for adequate sanitation facilities and the plans, policies, and methods for meeting this need; (3) provide assurances that the sanitation facilities shall conform to State health standards; (4) provide a schedule of priorities for determining the eligibility of persons assisted under this title; and (5) provide reasonable standards for determining the amount of funds any person shall be provided out of the funds allocated to a State, giving due consideration to the amount, terms, and conditions of other funds available to such person. A State is authorized to distribute funds allocated to it, provided that no person receives more than 90 percent of the total cost of a particular project. Under the bill, "persons" includes, but is not limited to, States or political subdivisions, associations, societies, companies, corporations, as well as individuals.
The Surgeon General may spend up to $500,000 for fiscal year ending June 30, 1964, and for each of the 4 succeeding fiscal years to make grants to States to pay part of the costs of demonstration projects for developing improved methods of field sanitation. The projects shall be maintained and operated in conformity with State health standards.
Migratory Labor National Advisory Council
S. 525 — Passed Senate June 25,1963; Pending in House Education and Labor Committee
Establishes a 15-member National Advisory Council on Migratory Labor to advise the President and Congress on the operation of Federal laws, regulations, programs, and policies, and any and all other matters relating to migratory agricultural labor. The Council is to consider, analyze, and evaluate the problems with a view to devising plans and making recommendations for establishing policies and programs to meet these problems.
The 15 members are to be divided as follows:
Three from private life to represent the farmer; three from private life with interest in and general knowledge of migratory labor problems; three from private life with experience in health, education, and welfare problems of migratory labor; three from private life to represent the migratory agricultural worker; and three with experience as State officials and knowledge of migratory labor problems. One will be designated by the President as Chairman of the Council and one as Vice Chairman. The Council is authorized to employ a permanent staff director and other personnel as required.
Railroad Labor Dispute
Senate Joint Resolution — 102 Public Law 88-108, approved August 28,1963
With only two dissenting votes the Senate approved a resolution providing for the settlement of the labor dispute between certain carriers by railroad and certain of their employees. The resolution established an independent board to arbitrate the 4-year dispute over rail companies' proposals to eventually eliminate the jobs of about 37,000 firemen and additional thousands of other train crew members. Briefly the resolution would—
Establish a seven-member arbitration board, composed of two members appointed by the carriers and two by the unions. These four members would name the three public members. If they are unable to agree, the President will appoint the public members.
Limit arbitration to the two primary issues: Firemen and crew size.
(a) Firemen: Railroads contend firemen are no longer needed on diesel locomotives in freight and yard service. Railroads propose that all firemen jobs ultimately be eliminated. The unions contend firemen are essential for safe and efficient operation, and that firemen are training for engineer positions.
(b) Crew size: Current railroad practice generally calls for a train complement of one conductor and two brakemen riding outside the cab. Railroads seek to eliminate this practice. They want a national rule that would give them the unrestricted right to determine appropriate crew sizes. The union want a national rule establishing one conductor and two brakemen as the minimum crew for all trains.
Require the arbitration board to take up the two key issues, hold hearings, and announce its decisions within 90 days after enactment of the legislation. However, the board's decision cannot go into effect for another 60 days while the parties continue negotiations on secondary issues in light of the advantages and disadvantages each receives from the arbitrated ruling.
Require the lapse of 30 days after the key issues become effective before parties can strike over any secondary issue. Secondary issues are:
(a) Under current rules a long-haul train has to stop at each division boundary line to take on a new crew. Railroads seek the right to set up interdivisional runs as they please, changing crews only when necessary for safety and efficiency.
(b) Over the years a jurisdictional distinction has developed with regard to the work to which road service and yard service crews are entitled. Carriers seek to eliminate this distinction; the unions want to prohibit further combination of jobs.
(c) Wages paid an on-train worker are currently determined by the number of miles traveled, hours worked, length of train, or weight of locomotive. Carriers propose a series of adjustments that would have the effect of reducing on-train wages. Unions propose wage changes having the effect of a pay raise.
Railroad Retirement Amendments
H.R. 8100 — Public Law 88-133, approved October 5, 1963
The present system of railroad retirement, established by the Railroad Retirement Act of 1937, provides monthly annuities to railroad employees on their retirement for age or disability, annuities to their spouses, and annuities and lump sums to their survivors. The railroad unemployment insurance system, established by the Railroad Unemployment Insurance Act of 1938, provides unemployment, sickness, and maternity benefits to railroad employees.
The retirement fund has an actuarial benefit of $77 million a year. The jobless-aid system has an actual deficit of more than $300 million; benefits have been continued through loans from the railroad retirement trust funds.
This amendment designed to put the railroad retirement and unemployment compensation systems on a sound financial basis makes the following changes in the present law:
Increases from $400 to $450 a month the salary base on which employers and employees pay taxes. This will have the effect of increasing future retirement benefits as well as revenues.
Raises the Government's contribution because of military service credits.
Boosts from 3 to 3 7/8 percent the interest that the Treasury pays on railroad retirement funds.
In unemployment compensation
Raises the maximum tax rate paid by employers from 3 3/4 to 4 percent.
Excludes from coverage persons casually attached to the industry and voluntarily resigns; for example, the amount of pay in a year needed to qualify an employee for benefits in the next year will be increased from $500 to $750.
In signing this bill, the President stated:
I have approved H.R. 8100, a bill to improve the financial condition of the railroad retirement and unemployment insurance systems. This bill carries out my 1961 request for the Railroad Retirement Board to develop legislation to put these funds in sound financial condition. The bill also reflects agreement by the railroad carriers and unions to improve the financial condition through increased contributions by them.
However, I consider undesirable provisions in the bill providing a 3-percent guaranteed return of the retirement fund's investments, and requiring the immediate investment of the fund's assets at a rate of interest substantially higher than now being paid.
Neither of these two provisions was contained in the administration bill transmitted to the Congress. Their effect would be to give this account special treatment not accorded any of the other similar trust funds. The immediate conversion would increase budget costs by approximately $25 million in the first year. To give other trust funds the same treatment would cost almost a third of a billion dollars in the first year alone. The guaranteed 3-percent return is inconsistent with the basic objective of bringing the retirement fund interest rates into conformity with the market yield of long-term Government securities.
During congressional consideration of the measure, however, the point was stressed that those special provisions developed in the legislation for the railroad industry were not applicable to the other retirement systems and were not to be regarded as a precedent. Congress thus felt that the railroad retirement system was unique and warranted this special treatment. The report of the Senate Labor and Public Welfare Committee dealt with this in detail. Relying on this assurance I have approved this bill.
Registration of Interstate Farm Labor Contractors of Migrant Workers
S. 524 — Passed Senate June 11; H.R. 6242, House Calendar
This bill establishes a system of Federal registration for interstate farm labor contractors, or crew leaders, as they are frequently called. Farm labor contractors are the middlemen in making work arrangements between farmworkers and growers and in this capacity often recruit, transport, supervise, handle pay arrangements, and otherwise act as an intermediary between the migrant worker and the farmer. Although many crew leaders perform their functions in a satisfactory and responsible manner, others have exploited both farmers and workers. Migrant workers, because of their dependency on the crew leader, are particularly vulnerable to such exploitation and abuse by irresponsible crew leaders.
Under this legislation, any person who for a fee recruits 10 or more migrant workers for interstate agricultural employment is required to register annually with the Secretary of Labor. A certificate of registration is to be issued by the Secretary to any person who submits (1) satisfactory information, to the best of his knowledge and belief, concerning his conduct and method of operation as a farm labor contractor, and (2) proof of public liability insurance on vehicles used in his business as a farm labor contractor. As an alternate to proof of an existing insurance policy, the applicant may give proof of financial responsibility or assurance that he will obtain insurance within a prescribed time.
Every farm labor contractor is obligated to carry and disclose his certificate of registration at proper times; to inform workers, to the best of his knowledge and belief, concerning their prospective employment, to post for workers written statements of the terms of employment and housing; and, in those instances where he pays the workers, to keep proper payroll records.
A certificate of registration may be refused, revoked, or suspended if the farm labor contractor has committed certain specified violations such as (1) knowingly misrepresenting to migrant workers the terms, conditions, or existence of agricultural employment; (2) unjustifiably failing to perform working arrangements entered into with farm operators or with migrant workers; (3) conviction of certain crimes in connection with activities as a farm labor contractor; or (4) noncompliance with applicable Interstate Commerce Commission regulations.