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Issue Papers - Farm Labor
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Reagan, Ronald: Gubernatorial Papers,
1966-74: Press Unit
Folder Title: Issue Papers - Farm Labor
Box: P30
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
MEMBER:
SACRAMENTO ADDRESS
ASSEMBLY Box 65
STATE CAPITOL
Assembly
BOARD OF REGENTS
UNIVERSITY OF CALIFORNIA
BOARD OF TRUSTEES
95814
CALIFORNIA STATE COLLEGES
ROOM 3164
CALIFORNIA STATE DISASTER
TEL.: 445-3134
California Legislature
COUNCIL
Employment
JESSE M. UNRUH
SPEAKER OF THE ASSEMBLY
September 5, 1968
24 HR. ACK. NECESSARY
The Honorable Ronald Reagan
Governor of California
State Capitol
Sacramento, California 95814
Dear Governor:
I am sure you share with me a deep sense of concern over the growing labor
strife in California's table grape industry. Obviously, some method must be
found to ameliorate the situation within a very short time if we are to forestall
economic disaster to the industry and to the workers involved in the strike.
Continuation of the present stalemate can lead to ruin for everyone concerned,
not only to the workers who seek to organize as a labor union and to the large
corporate growers who seek to deny such organization, but to the many small
growers who are dependent for their very existence upon ready access to
nationwide markets for their produce. Additionally, it is clear that the Federal
Government is powerless to act in this situation and that there is no effective
legislative solution on the horizon.
It would seem to me, therefore, that now is the time for those of us in leader-
ship positions in State Government to take a direct personal hand in resolving
the deadlock. Only if we are willing to actively seek a settlement by using our
influence and powers of persuasion can we realistically expect a resolution of
the problem. If we stand aside, we will surely invite chaos for this industry,
as well as nationwide ridicule for ourselves because of our inability to solve
our own California problems.
I, therefore, urge you, as Governor, to call all the parties together immediately
large growers, small growers and workers' representatives -- in a deter-
mined effort to seek a negotiated settlement to the dispute. Once the parties
are brought together under your auspices, I am hopeful such a negotiated
agreement can be reached; at the very least, it will represent a first step
towards settlement.
Governor Reagan
-2-
Sept. 5, 1968
For my own part, I pledge to you my wholehearted cooperation in such an
endeavor. Whatever abilities I might have will be lent to this effort in a
spirit of total harmony, without regard to any political or philosophical
differences we might have on other issues. My only concern is labor peace
and prosperity for this vital industry.
I do not suggest that a settlement can be accomplished with ease; many thorny
problems must be resolved. But, certainly, there is an opportunity to reach
a settlement if the parties sit down together in a free and open exchange. And
it is all too apparent that such'a meeting can only take place if you, as
Governor, are willing to intercede.
Again, I pledge to you my fullest cooperation and support in this effort.
Sincerely,
fin Jesse M. Unruh Unit
Speaker of the Assembly
The Sacramento Bee
Published weekday afternoons
and Saturday and Sunday mornings by
Locally owned and operated for 117 years
McCLATCHY NEWSPAPERS
JAMES McCLATCHY, founder, editor, 1857-1883
C. K. McCLATCHY, editor, president, 1883-1936
ELEANOR McCLATCHY, president
WALTER P. JONES, editor
Wednesday, June 5, 1974
C. K. McCLATCHY, executive editor
Vol. 233-No. 38,490
Editorials
The Need For Farm Labor Legislation
Rep. B.F. Sisk, D-Fresno, apparently is going to use
would rather keep testing their strength with no legal
his considerable leverage as a member of the House
guidelines than find middle ground on such issues as
Rules Committee to try to get a farm labor bill to the
eligibility to vote in representation elections, rules
House floor.
for collective bargaining and fair labor practices.
His target is the Education and Labor Committee,
The makings of a compromise are at hand in the
where a bill sponsored by Sisk to put farm workers
bills which already have been introduced. But the
under the National Labor Relations Act is languish-
legislators show little inclination to shake off the
ing.
pressure groups and show some lawmaking initia-
As a member of Rules, Sisk can help or hinder al-
tive.
most all major legislation. He is in a position to
horsetrade.
His timing may be right. No one has given much
So the Teamster-UFW jurisdictional combat con-
chance to federal legislation on farm labor relations
tinues with no coherent way of finding out what the
because many legislators are indifferent - they see
workers really want. It is unfair to them and destruc-
it as a regional problem - and because of the hostili-
five to the state's farm economy.
ty to the bill, for different reasons, by certain grower
Will help come from Washington? It depends on
groups and by Cesar Chavez' United Farm Workers.
how successful Sisk and Sen. John V. Tunney, who
introduced similar legislation in the Senate, are in
One alternative is state legislation. But a recent
convincing their colleagues an emergency exists.
hearing by the Assembly Labor Relations Committee
It is important to keep the focus on the Sisk-
in Sacramento seemed to show that the principals in
Tunney legislation. Rep. Bob Mathias, R-Visalia, in-
the contest over farm labor organizing - grower
troduced a bill last week to deal with the problem
groups, the Teamsters, the UFW, the AFL-CIO - are
outside the jurisdiction of the NLRA. It would treat
still not in a compromising mood.
farm workers as second-class citizens and some of its
The implicit message from the testimony was they
provisions are anti-union. It was best forgotten.
CALIFORNIA TEAMSTERS LEGISLATIVE COUNCIL
JOSEPH J. DIVINY - President
925 L STREET, SUITE 920
TED MERRILL - Vice President
SACRAMENTO, CALIFORNIA 95814
GEORGE E. MOCK - Secretary
PHONE: AREA CODE (916) 446-0291
Streets
VERN CANNON- Legislative Representative
COMMITTEE MEMBERS
JOINT COUNCIL NO. 7
June 7, 1974
JERRY C. BEATTY
Vallejo
HENRY J. de DIEGO
San Jose
Editor
JACK GOLDBERGER
The Sacramento Bee
San Francisco
P.O. Box 15779
GEORGE M. KING
Oakland
Sacramento, California 95813
MARK J. O'REILLY
San Francisco
Dear Sir:
JOHN J. SHERIDAN
Richmond
RUDY THAM
In response to your editorial of June 5, 1974 supporting Congressman
San Francisco
Sisk's proposal to extend the NLRA Act to cover farm workers, we in the
JOINT COUNCIL NO. 38
Teamsters unanimously agree. As you know our General President,
GEORGE BRANSON
Bakersfield
Frank Fitzsimmons, has supported this rightful extension of the NLRA
DAVID B. CASTRO
to agriculture for several years now while Cesar Chavez and George
Hayward
Meany of the AFL-CIO have opposed this extension. The California
MIKE ELORDUY
Sacramento
Teamsters Legislative Council has supported every fair secret ballot
JOHN FITZSIMONDS
bill before the Legislature for the past five years. Further, we are
Sacramento
sponsoring AB 3816 by Assemblyman Maddy (Fresno). This bill is as
HARRY KACHADOORIAN
Fresno
close to the NLRA as can be drafted by the Legislature for State appli-
NORBERT F. MILLER
cation.
Modesto
FREDDY F. SANCHEZ
Oakland
We of the Teamsters now have over 399 agricultural contracts covering
JOINT COUNCIL NO. 42
some 50,000 farm workers with a pension plan, Unemployment Insurance,
JAMES BARHAM
health and welfare benefits for the entire family, and the highest wage
San Diego
scale ever negotiated in the history of agricultural contracts. We will
JOE CARAMAGNO
Los Angeles
continue to support and work for the day the farm worker is treated like
BART J. CURTO
any other citizen and is allowed to vote for his labor representatives in
Santa Maria
a state-conducted secret ballot election.
PETE KURBATOFF
Los Angeles
STEPHEN P. MARTIN
We highly commend the Bee for supporting the farm workers' right to
Los Angeles
FRANK WILSON
vote by secret ballot and elect their bargaining agent or reject repre-
San Bernardino
sentation entirely.
THOMAS L. YOUNG
Los Angeles
Sincerely,
Vern Ourn Banno Cannon,
Representing over 300,000
California Teamster
VC:dd
members
12
WESTERN CONFERENCE OF TEAMSTERS
AGRICULTURAL WORKERS ORGANIZING COMMITTEE
MAIN OFFICE - SALINAS
30 Hitchcock Road
P. 0. Box 1569
Salinas, California 93901
(408) 455-1852
WESTERN TEAMSTERS to
EL CENTRO
P.O. Box 1931-649 N. 3rd
May 24, 1974
El Centro, Co. 92243
(714) 353-2450
FOR IMMEDIATE REIEASE
FRESNO
4595 E. Jensen
Fresno, Co. 93725
(209) 233-5871
INDIO
A labor contract covering 140 Teamsters Union members at N. C.
45 729 Smurr St.
Indio, Co. 92201
(714) 347-4497
Brun and Company asparagus packing shed in Stockton was ratified Thursday
SANTA MARIA
117 W. Bunny St.
by a vote of 120 to 20.
Santa Maria, Co. 93454
(805) 922-3313
The contract was one of five new agreements announced recently by
ARVIN
P.O. Box 193
the Western Conference of Teamsters Agricultural Workers Organizing
529 Bear -Mt. Blvd.
Arvin. Co. 93203
(805) 854-2489
Committee, which is locked in a jurisdictional dispute with the United
Farm Workers of America (UFWA).
David Castro of the Western Conference of Teamsters said the contract
provides Brun employees with an immediate 85-cents-an-hour wage increase,
which raises the base salary to $2.85 an hour. Wages will be increased
to $3.05 the second year of the two-year pact. Some skilled workers will
be receiving $4.10 an hour when the contract expires.
In addition, Castro said, the agreement provides premium overtime pay,
vacation benefits, an employers-paid pension plan and unemployment insurance.
Four other contracts were recently signed with companies in the Coachella
Valley, Castro said. None of the companies had been organized before.
"These new contracts are part of our intensified efforts to bring
decent wages, hours and conditions of work to California's fármworkers,"
Castro said.
-#-
Events Leading Up To The Chavez
Announcement of Recall
Cesar Chavez of the United Farm Workers Organizing Committee
declared a strike against the cantaloupe growers in Yuma County early
in 1972.
A majority of the workers engaged in harvesting, packaging and
shipping the melon crop were members of the Teamsters Union. The
Chavez group aimed its efforts at pickers, many of whom were Green
Card workers coming across the border at San Luis.
The United Farm Workers threatened field hands as they crossed
the border, used abusive language and bullhorns when the workers were
in the field, and in general attempted to disrupt the harvest.
The strike failed. The melons were picked and packed. Very few
field workers joined the United Farm Workers Union.
The Arizona Legislature was at the time considering farm workers
legislation. The objective was to put some limits on strikes at harvest
time, used to destroy the crop and farmer's full-year effort.
Other states had adopted legislation, giving some protection to the
farmer against harvest time strikes.
Cesar Chavez of the Farm Workers Union opposed any legislation
which included the right to secret ballot elections by the farm workers.
4.
The Legislature passed the Arizona Farm Labor Bill by a vote of
58 to 26, with a number of Democrats voting with the Republican majority.
Cesar Chavez announced from California he was coming to Arizona
to ask the Governor to veto the bill.
There was never a request from Cesar Chavez for an audience with
Governor Williams.
The Governor signed the bill on the day it was passed by the Legis-
lature, after it had been approved as to constitutionality by the Attorney
General.
Chavez marched on the Capitol, declared the Governor had refused
to see him, said the Governor had signed the bill without reading it, said
the Governor had signed the bill before its constitutionality had been de-
termined by the Attorney General. On all three counts Chavez was totally
untruthful.
It should be noted that Chavez is a student of Saul Alinsky and spent
three years working under Alinsky in his revolutionary activities. Alinsky
advised his followers, "If you think your movement is losing headway, or
your workers are defecting, get arrested or go on a hunger strike."
Following the defeat of Chavez' efforts to deter the Arizona State
Legislature from its action, he announced that he was going on a hunger
strike.
Emerging from twenty days of fasting, looking remarkably healthy,
3.
Chavez announced that he would recall the Governor since the Governor
had signed this iniquitous bill into law. The action was illogical and
offered no promise of remedying any alleged defects in the legislation.
The Governor did not write the bill; he did not instruct the legisla-
ture to pass such a bill. He merely carried out his constitutional duties.
He had three choices: he could have vetoed the bill (in view of the fact
that 58 members of the legislature had voted for it and only 26 against it,
it would have been presumptuous of the Governor to veto the bill.) He
might have let it become a law without his signature. He signed it.
Chavez immediately set up headquarters and brought in paid, skilled
organizers to initiate the drive for petitions to recall Governor Williams.
Most of the circulation has been carried out by people who were
paid - many of them non-residents of Arizona. The money to finance
this effort and the direction was supplied by Cesar Chavez and his union.
The recall petition does not rely entirely on the farm bill as a
reason for recalling the Governor. It recites alleged failures in many
areas.
The Ecumenical Council and numerous clergy, apparently enlisted
because of their sympathies for the economic situation of the farm worker,
support Chavez. The Truth Squad, which was sent to Delano, California
to investigate the background of the situation of the farm workers in that
area, has finally released its report.
4.
Among other things, the Truth Squad found that many workers in
California did not want to belong to the Chavez union, that most of the
members of the Chavez union were forced to join or lose their jobs, that
the Chavez union practiced discrimination and that the Chavez union had
intimidated the growers into signing contracts which forced the workers
to join the union.
The Truth Squad's study of the bill itself, prepared by Harold C.
White, PhD., panel member of the American Arbitration Association,
clearly indicates that the bill standing alone cannot be regarded as
iniquitous since the impact of the bill will depend primarily on the inter-
pretation and regulations established by the committee appointed by the
Governor. This committee has two representatives from the workers,
two from the growers and three from the general public.
It should be noted that Cesar Chavez was asked to submit a name
or names for appointment to the committee and refused to do so.
On September 27 Governor Jack Williams, relying on published
statements of the Chavez workers that they had sufficient signatures to
force the recall, urged that the petitions be filed SO that the recall
election could be held simultaneously with the regular general election
on November 7, 1972. The Governor said this action would save the
taxpayers of Arizona $500,000 (the estimated cost of a special recall
election). Bruce Meyerson, speaking for Cesar Chavez, rejected the
5.
proposal, and it is anticipated that Chavez will file his petitions and
force a recall election some time in late 1972 or early 1973.
0
FARM LABOR
State of California
Human Relations Agency
Memorandum
To
James Crumpacker
Cabinet Secretary
file
Date February 18, 1970
Governor's Office
File No.: 27:28
Subject Alleged Discrimination in
Referral of Mexican-Americar
to Farm Work
From : Office of the Secretary
The action filed by CRIA alleging that the Department of Human Resources Development
refers Mexican-Americans to low paying farm work and ignores their actual training
and skills was filed against the California Fair Employment Practices Commission
in the Superior Court of San Francisco on behalf of Rudolpho Lara and the
Mexican-American Political Association. The Department of Human Resources
Development was not a party to such action. The action was filed on November
18, 1969, to require FEPC to produce its investigation report; it was dismissed
on December 10, 1969 because no such report was then in existence.
By memorandum of December 1, 1969, an FEPC investigator suggested a broader
investigation was needed to make a determination. He also suggested a 1421
investigation (a hearing before the FEPC) would probably be the best approach.
FEPC believed they would rather proceed with an informal investigation if HRD
would so agree. At a meeting with FEPC Commissioner Mark Guerra in January 1970,
Gil Sheffield agreed to such an informal on-the-spot investigation of Department
of Human Resources Development practices at the offices in Santa Maria, Madera,
Marysville-Yuba City, and Salinas (see copies of attached correspondence between
FEPC and HRD). One person each from FEPC and the Department of Human Resources
Development will conduct the investigation which will commence shortly.
Two aspects of the investigation should be emphasized: (1) HRD's interest in
an objective review of job referral practices, and, if discrimination is found,
taking appropriate corrective steps; and (2) pressing CRLA to make specific
allegations and produce evidence--not being able to succeed on the basis of
broad unsubstantiated charges.
Background: The FEPC first became involved in this matter when Rudolpho Lara
filed a complaint with FEPC in July 1969 charging that the Department of
Employment (succeeded to by the Department of Human Resources Development)
referred Mexican-American workers under 11
a pattern and practice of
discrimination in the referral of Mexican-Americans to farm work.
11
It
is also alleged that the Department of Employment's policy was based on the
philosophy that Mexican-Americans are peculiarly suitable for "stoop labor
The department believes the allegations are untrue.
The FEPC investigated the department's policy and practice in July 1969.
Apparently, no report of discrimination was ever presented to the FEPC. The
Department of Employment believed that no racial discrimination was found.
-2-
The case originally arose when the Department of Employment disqualified Lara
for unemployment insurance benefits because he refused to accept employment
as a farm worker. He filed an appeal with the Unemployment Insurance Appeals
Board, and a referee of that Board reversed the department and granted benefits.
No appeal was taken from the referee's decision to the Appeals Board itself.
At the referee hearing, it was alleged that most farmers in the Salinas area
violate state health and sanitation laws, and therefore the referral of Mr. Lara
to any farm work was a referral to work which was not suitable. This is the same
contention on which the CRIA gained a Writ of Mandate against the Department of
Employment in the case of Munoz V. Peter Weinberger, et al., in the Superior
Court in Sacramento.
Apparently, in the Munoz case the CRLA is striking at the farmer health and
sanitation conditions. At the same time, through the Lara case, the CRLA
is striking at the referral of Mexican-Americans to farm work.
At this time we have no way of knowing what the agreed upon investigation
will disclose. We do know that the department does refer many Mexican-Americans
to agricultural employment. To be eligible for unemployment insurance benefits,
a claimant must be able and available for work, must seek work, and must be
willing to accept suitable work (Sections 1253 and 1257, Unemployment Insurance
Code). One criteria for the suitability of work is the claimant's experience
in that work. I am informed that a great many Mexican-American claimants in
various areas of California have had experience in farm work and are therefore
normally referred to farm work; not because they are Mexican-American, but
because they have experience in farm work.
Secondly, recipients of Aid to Families with Dependent Children (AFDC) had to
be referred to the farm labor office and apply for suitable work as a condition
of receiving their AFDC grant. Because many of the AFDC recipients in California
are of Mexican ancestry with farm experience, a number of them were normally
referred to farm work.
However, under the Work Incentive Program (WIN) in California, many AFDC
recipients previously referred to farm work are now being placed in work
experience training and education programs in an effort to increase their
employability to the point where they will become economically self-sustaining.
During periods of high employment when farm jobs are available, AFDC recipients
enrolled in WIN are allowed to voluntarily take a leave of absence from the
WIN Program to accept farm work. There are insufficient WIN training slots to
take all AFDC recipients. Those that are not placed in the WIN Program are
still being referred to Farm Labor Offices when an Employment Service Office
determines agricultural work is suitable to the particular recipient.
I will keep you informed of any future events in this matter. If you are
interested in any of the documents or memoranda on this issue, they can be
acquired from the Department of Human Resources Development.
LUCIAN For B. VANDEGRIFT, Secretary
Human Relations Agency
Attachments
HUMAN
RONALD REAGAN, Governor
DEPARTMENT OF HUMAN RESOURCES Lii LLOPMENT
SACRAMENTO 95814
DORF
February 2, 1970
Mr. Nelson
REFER TO:
32:b1
Mr. Mark Guerra, Commissioner
Fair Employment Practice Commission
455 Golden Gate Avenue
Post Office Box 603
San Francisco, California 94101
Dear Mr. Guerra:
Your letter of January 19, 1970, correctly reflects our understanding
of the agreement we reached in our meeting Friday, January 16, 1970.
We agree to a survey and review of our farm labor referrals and
practices in the Department of Human Resources Development in the
four areas indicated -- Santa Maria, Madera, Marysville-Yuba City,
and Salinas.
We also confirm Alan Nelson's agreement by telephone with Paul Meaney
to Ralph Vega acting as the FEPC representative. We shall designate
an HRD representative and will advise you shortly. As indicated in
our meeting, we would agree to the FEPC representative working either
alone or in conjunction with an HRD representative as a team.
We are sincerely interested in our employment programs and policies.
If discriminatory practices are occurring, we certainly want to know
of them and take steps to correct them. For this reason, we agree
to the review and investigation that you request. Our agreement to
cooperate, of course, should not be interpreted as an admission that
alleged discriminatory practices do, in fact, exist.
The information available on the Lora case and the very broad allega-
tions made by CRIA do not provide much specific information on the subject
of discriminatory practices. Fe therefore request that FEPC ask CRLA
to provide specific factual information they may have on individual
cases. In that manner, together with our agreed review and survey, all
the facts can be brought to the attention of the Commission, our depart-
ment, and all interested parties.
Sincerely,
GLS
G. L. SHEFFIELD
Director
cc: Paul A. Meaney, Chief
Division of Fair Employment Practices
ACN:b1
bcc: William H. Tolbert
Sigurd I. Hansen
M.Nelson
FEPC
study
STATE OF CALIFORNIA-HUMAN RELATIONS AGENCY
RONALD REAGAN, Governor
DEPARTMENT OF INDUSTRIAL RELATIONS
PIER A. GHERINI
FAIR EMPLOYMENT PRACTICE COMMISSION
Chairman
GEORGE C. BOND
455 GOLDEN GATE AVENUE, SAN FRANCISCO
557-2000
C. 1. DELLUMS
Address reply to: FEPC, P.O. Box 603, San Francisco, Calif. 94101
MARK GUERRA
CATHERINE L. MONTGOMERY
STELLA C. SANDOVAL
J. M. STUCHEN
83
PAUL A. MEANEY
to
Executive Officer
January 23, 1970
R
Mr. Gilbert Sheffield, Director
Rest JAN 120 1970
Human Relations Development Agency
kendy
800 Capitol Mall
N.R.N.
Sacramento, California 95814
Date
Dear Mr. Sheffield:
Dont
FEB
1970
Permit me to take this opportunity to introduce myself. My name is
Paul A. Meaney and I presently occupy the position of Chief, Division of
Fair Employment Practices.
I am directing this letter to your attention as a result of a letter
Commissioner Mark Guerra sent to you on January 19, 1970 regarding com-
plaints of discriminatory treatment of Mexican Americansand Black Americans
by the California State Employment Services, as alleged by the California
Rural Legal Assistance and the Mexican American Political Association in
San Francisco.
As you review Commissioner Guerra's letter, you will note in paragraph
No. 3 that I was asked to select and designate this division's member of
the team who would work with a member of HRD. I have selected Mr. Ralph
Vega, Community Relations Office, to be our representative on this joint
effort. Mr. Vega may be reached at 8-557-2000. It is my understanding that
your division will also designate an individual to work with Mr. Vega. I
would appreciate knowing at the earliest date possible who your representative
will be.
I am extremely confident that our combined efforts will produce a rapid
solution to the problems confronting us at this time.
Very truly yours,
Paul A. Meaney
Executive Officer
meany
PAM:1c
Route to
STATE OF CALIFORNIA-HUMAN RELATIONS AGENCY
RONALD REAGAN, Governor
DEPARTMENT OF INDUSTRIAL RELATIONS
PIER A. GHERINI
Chairman
FAIR EMPLOYMENT PRACTICE COMMISSION
GEORGE C. BOND
455 GOLDEN GATE AVENUE, SAN FRANCISCO
557-2000
C. L. DELLUMS
MARK GUERRA
Address reply to: FEPC, P.O. Box 603, San Francisco, Calif. 94101
Rec'd
JAN 20 1970
CATHERINE L. MONTGOMERY
STELLA C. SANDOVAL
J. M. STUCHEN
Reply Attac
N.R.N.
PAUL A. MEANEY
Executive Officer
January 19, 1970
Date
Dient.
JAN 2º 1970
Mr. Gilbert Sheffield, Director
Human Relations Development Agency
800 Capitol Mall
Sacramento, California 95814
Dear Mr. Sheffield:
This is to confirm the agreements mutually arrived at during our
meeting of Friday, January 16, 1970, regarding the complaints of discrim-
inatory treatment of Mexican American and Black Americans by the California
State Employment Service as alleged by the California Rural Legal Assist-
ance and the Mexican American Political Association of San Francisco.
It was agreed that FEPC and HRD would cooperatively undertake a
survey and review of the State Employment services starting with the'
four centers mentioned in the correspondence from CRLA and Assemblyman
Robert Wood to determine if indeed such differential treatment has been
and is being practiced. The four centers are Santa Maria, Madera, Marys-
ville (Yuba City) and Salinas. It was agreed that at least one represen-
tative each from FEPC and HRD would be assigned as a team to do the
preliminary investigation. It was further agreed that progress reports of
the investigation would be submitted to both offices, FEPC and HRD.
Mr. Paul Meaney, Chief of FEP division, will be asked to select and
designate this division's member of the team, do whatever orientation work
is necessary, and to communicate with you at the earliest possible date as
to the time when we will be ready to begin the field visits.
If you concur that the foregoing essentially represents what we agreed
upon at our Friday meeting, may we have your approval so that this division
may get under way with the initial preparation.
Mr. Vega and I were very favorably impressed with the receptiveness,
cooperation and positive attitude of your office. We came away from the
meeting optimistic that our combined cooperative efforts will produce the
best solution to the problem confronting us.
Very truly yours,
Mar Guerra
Co.
sioner
State of California
Health and Welfare Agency
Memorandum
To
:
Win Adams
Cabinet Secretary
file
Date : October 4, 1967
File No.:
Subject:
Information re Farm
Labor Crisis and Use
of Prison Inmates
From
:
Office of the Administrator
It became obvious as long ago as mid-August that there would
be a serious shortage of agricultural workers in California
to harvest the crops. This is due principally to the unusually
heavy and late rains this spring which caused delay in the
harvesting of several crops, principally tomatoes and grapes,
although several other crops have been affected.
Several steps were taken to help alleviate the crisis. An
appeal was made to delay the opening of schools in rural areas
in order that students and teachers might assist. We have no
hard information as to the results, but it is obvious that this
by no means solved the problem.
Further, a request was made for braceros, and some 8,100 braceros
were authorized, mainly to assist in the tomato harvest. However,
the number of braceros who actually were admitted was approximately
6,100. The difference was accounted for by the effect of an
unfriendly suit filed by the California Rural Legal Assistance
organization, an OEO funded organization. This resulted in the
development of a unilateral agreement between CRLA and the United
States Department of Labor. This agreement established require-
ments which would have to be met, and these requirements are such
as to delay and reduce the number of braceros to be admitted.
The problem in California specifically has not been one of farm
laborers being in short supply because of the wage structure.
Seasonally hired farm workers are earning from $1.40 to $2 an
hour, and top hands are making $25 or more a day on piece rates.
Despite this, as of mid-September, it was apparent that the known
and projected labor supply could not meet the anticipated require-
ments for the late harvest, therefore, acting upon the request of
the growers and the Board of Supervisors in Merced County, the
Governor, during the week of September 25, authorized the emergency
employment of 200 prisoners to assist in harvesting figs. These
men are paid prevailing wages on a piece rate basis. Part of the
wages are kept by the State to cover expenses incurred, and part
go into a trust fund to be turned over to inmates when they are
released from prison. Subsequently, and after approval of the
San Bernardino County Board of Supervisors, an additional 100
inmates were sent out from the nearby California Institution for
Men at Chino to assist in the grape harvest.
Win Adams
-2-
October 4, 1967
The Governor's policy throughout has been that the prisoners
are made available only as a last resort to prevent substantial
crop losses and that inmates must be carefully screened from a
security standpoint and must be kept under custodial control at
all times. Prevailing wages on a piece rate basis must be paid,
and that before any payments are made to inmates the State must
recover its direct cost of providing this service. In the case
of the fig crop, savings of some half million dollars can be
anticipated with the use of the inmate labor, while in the
grape harvest, the potential savings amount to $300,000 to
$400,000.
This is not the first time a California Governor has authorized
the use of inmate labor to meet farm labor crises. This was
done during World War II because of the general manpower shortage
and again in the summer of 1966 when 500 state prisoners were
used to harvest asparagus in the San Joaquin Valley.
Question has been raised as to whether welfare recipients could
be used in lieu of the inmate labor. California law provides
that welfare recipients who are able to perform this sort of
labor must go out on call and if they refuse to do so, they
are to be removed from the charity rolls. During the time
these AFDC recipients are employed, their welfare benefits are
reduced to zero, but they are not taken off the welfare rolls,
SO there is not a waiting period when the temporary labor is
completed. On authorization of Health and Welfare Agency
Administrator, Spencer Williams, a statewide inventory is now
being taken as to number of welfare recipients that have been
employed to help alleviate the labor shortage. Mr. Williams
said that if the system is working, the public should know
about it and proper credit should be given. If the system
is not working, we want to know why SO that necessary steps
can be taken.
Bob &
R. J. SMITH
Assistant to the Administrator
CC: Spencer Williams
State of California
Memorandum
To
:
Paul Beck
file
Date
:
October 4, 1967
Assistant Press Secretary
Governor's Office
File No.:
State Capitol
From
:
Department of Employment
Subject:
The general crop situation in California this year is due to the extremely bad
weather which prevented planting and then the odd weather during the summer when
staggered plantings matured all at the same time and crops which normally mature
at different times are all maturing at the same time this Fall creating many of
the situations that have been brought about i.e., the necessity to ask for foreign
workers from Mexico, the use of prisoners, etc.
Re Chavez' statement that he can furnish all the workers necessary if growers will
agree to a union contract. The Governor should point out that he is not in a
position to ask or deny any employer to sign a work contract or a worker not to
join a union or a union to attempt to organize or a grower to resist organization.
This is a personal matter between the farmer and the unions and that it is academic
to say you could or you could not deliver sufficient workers to meet the shortages
in California at the present time.
All the indications are as reported by the State Department of Employment and the
State Department of Agriculture in California that there is a real shortage of
workers throughout the State (see summary of shortages attached). This shortage
not only exists in California but spreads across practically the whole nation
which is evidenced by the number of foreign workers the Secretary of Labor has
approved for the Northeast, Virginia, West Virginia, and Florida - something
over 8,000.
Use of Prisoners in figs and grapes. At the time figs and grapes were approved
for the use of prisoners they were short about 500 workers in figs and a pending
loss of $350,000 to $400,000 if they were able to hold the pickers they had at
that time and without the addition of other workers. Grapes at the time of approval
were short 350 to 400 workers and if they were able to hold their workers would still
lose about 1/2 million dollars on grapes. We had the Department of Employment and
the State Department of Agriculture review the situation before approval was granted
for both crops.
Pitts' remark that the State is subsidizing the growers by the use of State prisoners.
When prisoners are working they are asked to pay for board and room which relieves
the State of this expense and for the additional guards required when they work as
a group which relieves the State of this expense. The growers in the present
DE 16 REV. 8 (4.67)
Paul Beck
-2-
October 4, 1967
situation are using state security guards as a co-foreman and paying the salary
for them to assist the State in security. It is hard to figure out how this
could be considered a subsidy when in the main it is not costing the growers state
anything and is allowing the prisoners to build up a fund which will be available
to them for personal necessities while in prison and/or at the time they are re-
leased.
Wages being paid prisoners. Prevailing piece rate wages in both figs and grapes.
Last week in figs the regular workers averaged over $2.25 an hour, one day reaching
an average high of $2.49. They are guaranteed the minimum wage in the federal law
of $1.00 per hour. The workers in grapes in San Bernardino County are guaranteed
the same $1.00 per hour and regular workers week before last, last figures available,
averaged $1.97 per hour on piece ratel
There has been substantial loss in tomatoes in the Monterey County area south of
Salinas and around King City. This was due to California Rural Legal Assistance
holding up the beginning of recruitment of Mexican Nationals for a period of
7 or 8 days. Had the growers been able to recruit during that 7 or 8 days, it is
quite possible that they would have been able to save around 2/3 of the tomatoes
they have lost as a result of both shortage of pickers before the rain and the
rain itself. This loss is figured to be somewhere around 1/2 million dollars
that has already been lost in that area.
Grapes. The Secretary again refused to approve certification for grape pickers
on Friday of last week and we were notified on Monday of this week. Grapes will
begin to reach their real peak next week and week after next probably should be
the peak of harvest if we have enough hands. However, all indications now point
to there not being sufficient people to harvest the grapes (see shortages listed
in overall summary). We could be shorter in grapes at peak than in any other
crop this year.
Use of Mexican Nationals in Merced or Cucamonga area both will be extremely
impossible in lieu of prisoners. First since it would take at least 10 days
with the CRLA requirements of the 7 day waiting period to get certification for
Mexican Nationals and then another 2 or 3 days to get the men in. In each case
with figs in Merced and grapes in San Bernardino County there was only about three
weeks of work left at the time prisoners were approved.
W.tolbark
WILLIAM H. TOLBERT
DEPUTY DIRECTOR, FARM LABOR SERVICE
Attach.
WHT: lw
Farm Labor Shortages - As of October 2, 1967
Tomatoes - Hand pick
3,200
Machine sorters
550
Wine grapes
5,000
Prunes
300
Lemons
350
Cannery figs
500
Brussels sprouts
400
Other fruit
i
450
Other vegetables
700
Valencia oranges
350
11,800