cities, and at such other places as may be mutually agreed to by the two Governments. The United States will establish Reception Centers at Harlingen, Eagle Pass and El Paso, Texas; Nogales, Arizona; and El Centro, California; or at places adjacent to such cities, and such other places as may be mutually agreed to by the two Governments.

ARTICLE 5. SELECTION AT MIGRATORY STATIONS

It will be the responsibility of the Mexican Government to assemble prospective Workers at the Migratory Stations where qualified candidates for contracting will be selected by representatives of the Secretary of Labor after examination by the Public Health Service of Mexico and the Mexican Ministry of Gobernacion. Workers who have not complied with the Mexican Military Service Law will not be eligible for selection. At the Migratory Station, officials of the United States Public Health Service will conduct a physical examination of each candidate to assure that he meets the mental and health requirements for admission to the United States. Officials of the United States Department of Justice will conduct an examination to determine his admissability under the Immigration Laws of the United States. Officials of the United States Public Health Service and of the United States Department of Justice may conduct such additional examinations or investigations at the Reception Centers in the United States as they deem necessary and appropriate.

For the purpose of this Agreement, a Mexican Worker shall not be regarded as having departed from Mexico until he has been contracted.

A Mexican Worker shall not remain at a Reception Center more than five consecutive days after his arrival from Mexico, except in the case of a serious impediment.

A Mexican Worker selected at a Migratory Station can only be rejected at the Reception Center when it is determined that his admission into the United States is in contravention of the Public Health, Immigration or Internal Security Laws of the United States.

ARTICLE 6. TRANSPORTATION

BETWEEN MIGRATORY STATION AND RECEPTION

CENTER

The Secretary of Labor, at the expense of the United States Government, shall provide transportation for a prospective Mexican Worker selected at the Migratory Station, except Guadalajara, from such Migratory Station to the Reception Center and return to the nearest Migratory Station. The transportation of the Mexican Worker recruited at Guadalajara shall be paid by the United States Government from Hermosillo, Sonora, to the Reception Center and return to Hermosillo.

The Secretary of Labor, at the expense of the United States Government, shall also furnish the prospective Workers subsistence while awaiting transportation from the Migratory Station, except Guadalajara, to the Reception Center, while he is in transit between the Migratory Station, except Guadalajara, and the Reception Center and return, and while he is at the Reception Center. Mexican Workers who are recruited at Guadalajara and who are returned to Hermosillo will be furnished subsistence while at the Reception Center and paid for subsistence while in transit between the Reception Center and Hermosillo.

ARTICLE 7. EMPLOYERS WHO ARE INELIGIBLE TO CONTRACT

Immediately after this Agreement becomes effective, the Secretary of Foreign Relations of Mexico will furnish the Secretary of Labor with a list of the Employers whom he considers ineligible to contract Mexican Workers because of failure to comply with the International (Executive) Agreement, approved August 1, 1949, or with any Work Contract approved pursuant thereto or, with this Agreement, as amended, or with any Work Contract approved pursuant to it. The said list may be supplemented or revised from time to time, by the Secretary of Foreign Relations. The following special procedure will be used in listing Employers who are ineligible to contract Mexican Workers:

1. The consul of Mexico who has jurisdiction over the area where the farm on which the Workers are employed is located, shall communicate to the appropriate Regional Representatives of the Secretary of Labor the name and address of the Employer whom it is sought to include in the list of those ineligible to contract and request that a joint investigation be made in the office of the 45431-54-pt. 1——————4

Consulate. The Employer shall be informed of this fact by the Regional Representative of the Secretary of Labor and the Workers who eventually would be affected by the decision, or their representative, will be informed by the Consul of Mexico. The Employer as well as the Workers, or their representative, shall have the right to participate in the joint investigation to which paragraph 2 of this Article refers.

2. The Regional Representative of the Secretary of Labor shall designate a representative to participate in the joint investigation which shall begin— at the latest two days after the receipt of the Consul's communication by the Regional Representative of the Secretary of Labor. This investigation shall be made under the following rules:

a) The Consul shall show the Representative of the Secretary of Labor all of the files and other documents which support the reason for not providing Mexican Workers to the Employer in question, and he shall explain all of the reasons for such a determination.

b) If the Representative of the Secretary of Labor should agree that the reasons which served as a basis for the purpose of excluding the Employer are justified, the two officials shall sign an instrument (model attached) declaring the Employer ineligible, and this shall be done, at the latest, four days after the initiation of the procedure to which point 2 of this Article refers. A similar procedure shall be followed in the event that the Consul of Mexico should consider that the complaints made do not merit the inclusion of the Employer in the list of ineligibles to contract Mexican_Workers. The Representative of the Secretary of Labor shall inform the Employer of this decision in writing, and the Consul of Mexico shall do likewise with respect to the Workers so affected, or their representative; in the understanding that either the Employer or the Workers or their representative can request that the matter be referred to Washington, as provided under point 2d of this Article.

c) In the event that the Employer or the Workers, or their representative, do not avail themselves of their right to participate in the joint hearing, the Representative of the Secretary of Labor or the Consul of Mexico, when they may consider it necessary or convenient, can request one, the other, or both, to attend the meetings which shall take place in the offices of the Consulate. The proper determination of a case shall be reached at such meetings, with the understanding that the procedure to which this paragraph refers should not be delayed more than 3 days.

d) If the officials mentioned do not reach an agreement, they shall, nevertheless, sign a joint instrument in which they shall state, in their order, their respective points of view, and the decisions which they may reach, including the statements which the Employer may make in his defense, as well as the charges which may be made by the Workers or their representative for their part. Copies of such instrument shall be forwarded immediately to the following higher authorities: The Ambassador of Mexico at Washington; the Secretary of Foreign Relations of Mexico; the Consul General of Mexico; the Regional Representative of the Secretary of Labor and the Secretary of Labor (at Washington, D. C.).

e) Upon the receipt of a copy of the instrument to which the last paragraph refers, the Embassy of Mexico shall propose to the Department of Labor that a new study of the case be made within the two following days with a view to making it possible to dictate a joint determination five days after the initiation of conversations, at the latest. In exceptional cases the time limit of five days may be extended when the Embassy of Mexico and the Department of Labor may concur. This determination shall be communicated to the Ministry of Foreign Relations of Mexico, the Embassy of the United States of America in Mexico, the Consulate General of Mexico and the Regional Representative of the Secretary of Labor so that the latter may make it known to the Employer. If the Representative of the Embassy of Mexico and the Secretary of Labor do not reach an agreement in the case, a copy of the determination shall, nevertheless, be sent to the officers mentioned previously in this paragraph, and the matter shall be referred to the Secretary of Foreign Relations of Mexico for his consideration. The Secretary of Labor can, under the following circumstances, refuse to issue a certification to an Employer or to revoke one that has been previously issued: a) Where there has been a joint determination under Article 30 that the Employer has failed to meet his obligations under any previous contract entered into pursuant to the International Executive Agreement adopted August 1, 1949, or this Agreement; or

b) Where the Secretary of Labor has determined that the Employer has, (1) After any certification has been issued, employed Mexican Nationals who are illegally in the United States; or

(2) After thirty days from the effective date of this Agreement, employed Mexican nationals who are illegally in the United States; or

c) Where the Secretary of Labor finds that the Employer has contracted or is endeavoring to contract Mexican Workers for another Employer who is not himself eligible to contract Mexican Workers; or

d) Where the Mexican Worker is employed or is to be employed on a farm or other establishment operated by two or more persons any of whom is ineligible to use Mexican Workers; or

e) Where the Secretary of Labor finds that housing, sanitary facilities, or drinking water is inadequate, in accordance with the terms of this Agreement. The Mexican Government may object to the housing facilities and may request application of the procedure provided for in Article 30. Notwithstanding the provisions of a), b), c), d), and e) of this Article, the Secretary of Labor may, at his discretion and with the approval of the Mexican Government, issue a certification for an Employer to contract Mexcian Workers under this Agreement and require such Employer to furnish such bond or other form of indemnity as he may deem appropriate and necessary, but no Mexican Workers shall be made available under this Agreement to, nor shall any Mexican Workers made available under this Agreement be permitted to remain in the employ of, any Employer who has in his employ any Mexican national when such Employer knows or has reasonable grounds to believe or suspect or by reasonable inquiry could have ascertained that such Mexican national is not lawfully in the United States.

When the officials of both Governments responsible for the administration of this program find that an Employer utilizes the services of illegal workers, they will within a period of three days institute the necessary action so that the contracted workers may be withdrawn and transferred to another authorized Employer, and the Immigration Service, within the same period, shall proceed to the extent possible to withdraw the illegal Workers who are found on the farm and shall continue to exercise vigilance over it to avoid recurrences.

ARTICLE 8. PROHIBITION AGAINST DISCRIMINATION

Mexican Workers shall not be assigned to work in localities in which Mexicans are discriminated against because of their nationality or ancestry. Within a reasonable time after the effective date of this Agreement and from time to time thereafter, the Mexican Ministry for Foreign Relations will furnish the Secretary of Labor a listing of the communities in which it considers that discrimination against Mexicans exists. If there is concurrence by the Secretary of Labor that there is such discrimination in any such area, the United States Department of Justice will not issue the authorizations provided for in Article 10 to send Mexican Workers into such area.

If the Secretary of Labor does not concur, the appropriate Mexican Consul may request a statement signed by the Chief Executive Officer or Officers or the Chief Law Enforcement Officer of the Community in which the Mexican Workers are to be employed, pledging for the community that:

a) No discriminatory acts will be perpetrated against Mexicans in that locality; and

b) In the event that the Mexican Consul reports the existence of acts of discrimination against any Mexican because of ancestry or nationality, the local governmental officers who signed the statement will have such complaints promptly investigated and take such community and individual action as may be necessary to fulfill the community pledge.

The Mexican Government will permit employment in such areas if such pledges are furnished.

If, notwithstanding the foregoing, the Mexican Consul reports that discriminatory acts have been committed against Mexicans because of their nationality or ancestry in a locality where Mexican Workers are employed, the Mexican Consul having jurisdiction in the locality may request the Representative of the Secretary of Labor to join the Mexican Consul in a joint investigation in which event the procedure prescribed in Article 30 of this Agreement will be followed.

ARTICLE 9. PREFERENCE IN EMPLOYMENT FOR UNITED STATES WORKERS Mexican Workers shall not be employed in the United States in any jobs for which domestic workers can be reasonably obtained or where the employment of Mexian Workers would adversely affect the wages and working conditions of domestic agricultural workers in the United States. The Secretary of Labor may refuse to issue a certificate for any Employer who he determines is not giving preference to United States domestic workers either when hiring workers or when reducing his labor force.

Whenever the Secretary of Labor determines that United States Workers are available to fill jobs for which Mexican Workers have been contracted, the Representative of the Secretary of Labor shall immediately notify the appropriate Mexican Consul and the respective Employers that certification will be withdrawn and the applicable Work Contracts terminated. The Secretary of Labor shall, to the extent practicable, transfer the Mexican Workers concerned to other agricultural employment for which United States Workers cannot reasonably be obtained. Such transfers shall be subject to the conditions of Article 27. If such transfers cannot be effected, the respective Employers shall be required to return the Mexican Workers to the Reception Centers from which they were obtained, without cost to the Mexican Workers. Whenever a Work Contract is terminated under the provisions of this Article, the Employer shall be responsbile for the three-fourths guarantee provided for in Article 16 of the Work Contract for the period beginning with the day following the Mexican Worker's arrival at the place of employment and ending with the date the Work Contract is terminated but in such event the three-fourths guarantee will prevail for a period of at least six weeks, and the Employer shall pay to the Mexican Worker all other amounts due him under the Work Contract.

ARTICLE 10. REQUISITES FOR CONTRACTING

Only those Employers will be permitted to contract Mexican nationals who: a) Have obtained the required certification from the Secretary of Labor, and

b) Have obtained authorization from the United States Department of Justice to bring such Mexican nationals into the United States.

ARTICLE 11. EMPLOYMENT GOVERNED BY AGREEMENT AND WORK CONTRACT

All employment of Mexican Workers legally admitted to the United States for agricultural employment shall be governed by the terms of this Agreement, including the Work Contract which is attached hereto and made a part of the Agreement, and by the Joint Interpretations provided for in Article 37. Except as provided in Article 24 of this Agreement, neither the Mexican Worker nor the Employer may individually or jointly change the Work Contract without the consent of the two Governments.

ARTICLE 12. LIMITATIONS ON EMPLOYMENT

The Mexican Workers shall be employed exclusively in agriculture as defined in Article 1 of this Agreement and only for an Employer authorized to contract for his services.

ARTICLE 13. CONTRACTING AT RECEPTION CENTER

The Work Contract shall be entered into between the Employer and the Mexican Worker under the supervision of a representative of each of the two Governments and such contracts shall be prepared in Spanish and in English. Such Worker shall be free to accept or decline employment with any Employer and to choose the type of agricultural employment he desires. The Employer shall be free to offer agricultural employment to any such Worker not under contract with another Employer.

ARTICLE 14. DURATION OF CONTRACT

No Work Contract or extension thereof shall be entered into for a period of less than six weeks. Extensions of Work Contracts or transfers to new Employers within the area of employment, subject to Articles 16, 26, and 27 of this Agreement, and with the consent of the Mexican Worker, the Mexican Consul and the

Secretary of Labor, may be made for a minimum period of not less than 15 days. No Work Contract or any extension thereof shall be for a period of more than six months.

ARTICLE 15. WAGES

The Employer shall pay the Mexican Worker not less than the prevailing wage rate paid to domestic workers for similar work at the time the work is performed and in the manner paid within the area of employment, or at the rate specified in the Work Contract, whichever is higher. The determination of the prevailing wage rate shall be made by the Secretary of Labor.

No certification will be issued by the Secretary of Labor under Article 10 of this Agreement on the basis of a job order specifying a wage rate which he finds has been adversely affected by the employment of illegal workers in the area.

In no case shall the Secretary of Labor make a certification on the basis of any job order which specifies a wage rate found by the Secretary of Labor to be insufficient to cover the Mexican Worker's normal living needs. In cases where the condition of a crop makes it impossible for a Mexican Worker working with normal diligence and application to earn enough at the prevailing wage rate to cover his normal living needs, even though working full time, the Secretary of Labor shall conduct an investigation, and where requested by the Mexican Consul a joint investigation shall be conducted in accordance with Article 30 of this Agreement, to determine the proper steps necessary to remedy the situation. If no satisfactory adjustment in the wage rate can be agreed upon with the Employer, the Secretary of Labor shall, if possible, arrange for a transfer of the Workers to other agricultural employment. If no such transfer can be effected within five days the Secretary of Labor shall terminate the Work Contract, and the Employer shall, at his expense, return the Worker to the Reception Center. Nothing in this paragraph is intended to affect the provisions of Article 25 of this Agreement.

The Mexican Consuls and the Representatives of the Secretary of Labor shall exercise vigilance to insure that the wage rate paid to the Mexican Worker is not less than the prevailing wage rate for similar work in the area of employment and that wages are paid to the Mexican Workers in accordance with such rate or with any increases in such rate which may become effective in the area during the period of employment, but not below the minimum rate specified in the Work Contract. Increases in prevailing wage rates shall be put into effect immediately by the Employer and shall not be contingent upon a formal request to do so by the Mexican Worker, the Consul of Mexico, or the Representative of the Secretary of Labor. Declines in prevailing wage rates shall be recognized and accepted by the Mexican Worker, provided they do not fall below the rates specified in the Work Contract.

The Secretary of Labor shall periodically furnish the appropriate Mexican Consuls and Consuls General information with respect to the prevailing wage rates in their respect vie jurisdictions. The Secretary of Labor shall also furnish to the Representative of the Mexican Government in Washington like information with respect to all areas in which Mexican Workers are employed.

Any complaints concerning the failure to pay the prevailing wage rate shall be resolved by application of the procedure described in Article 30 of this Agreement. The pay period for the Mexican Worker shall be established at intervals no less frequent than those established for the Employers' domestic workers; provided that, in no event shall the Worker be paid less frequently than bi-weekly; provided further, that the Employer may defer the payment of not to exceed a total of two days' earnings of such Mexican Worker from one pay period to the next until the final payment of wages is made to him, at which time payment shall be made of all sums due to the Mexican Worker.

ARTICLE 16. GUARANTEE OF WORK

Except as otherwise provided in this Agreement, or in the Work Contract, the Employer shall guarantee the Mexican Worker the opportunity to work for at least three-fourths of the workdays of the total period during which the Work Contract and all extensions thereof are in effect, beginning on the day after such Worker's arrival at the place of employment and ending on the expiration date specified in the Work Contract or its extensions, if any.