~.

-jtINSTIUT OF INDUSTRIAL0 la Amlk m di& ElAM RELATIONS LIBRARY

PFARM LABOR IKONTalt Valley

Ac-tion On BracerosA limited withdrawal of "brace-

ros" in Imperial Valley lettucestrikes this week marked new de-velopments in the AFL-CIO organ-izing effort in this "bracero"-im-pacted harvest area.

Harold Huxley, deputy directorof the U.S. Bureau of EmploymentSecurity (soon to be Western Re-onal Director of the Bureau ofLabor-Management Reports) ruled

this Tuesday that Valley farmerscould no longer use some 500 "bra-ceros" illegally commuting dailyfrom Mexico. He said that grow-ers must provide housing for theMexican workers or stop usingthem.Almost simultaneously, U.S. and Mex-

ican officials in Washington, D.C. or-dered approximately 525 "braceros" offthe big Bruce Church lettuce farm pend-ing a decision on the illegal hiring ofhundreds of Mexican workers importedto smash a coordinated AWOC-Packing-house Workers strike.The actions brought the "gate-hiring"

rights of domestic to a head as the jointunion organizing effort brought newstrikes in the big Imperial Valley let-tuce harvest.The unions are demanding recognition

and a minimum wage of $1.25 per hour.Some 8,000 "bracero" workers are beingused to beat down the wages of some2,500 domestic farm workers.As reported in News Letter last week,

big lettuce farms hiring "braceros" arerefusing to take qualified domesticworkers seeking jobs in accordance withtheir legal protections in Public Law 78

(Continued on Page 3)

Urgency Bill to Extend JoblessBenefits; Brown Support

The State Senate has given "urgency" clearance for early considerationof a bill designed to "trigger" the payment of extended unemployment in-surance benefits during the months of February and March.

Introduced by Senator Stanford C. Shaw (D., San Bernardino), themeasure is SB 133.

Labor Bills in HopperAssemblyman W. A. "Jimmie"

Hicks (D., 8th District, Sacramento)this Tuesday placed before the legis-lature a series of basic labor billsdesigned to fill a major gap in statelabor law and repeal hostile legisla-tion on the statute books.With the ba ck ing of the State

AFL-CIO, Hicks has in t rodu cedmeasures which would set up ma-chinery for implementation of or-ganizing and bargaining rights, re-peal the misnamed state "jurisdic-tional" strike law, and remove theunconstitutional "hot cargo" and

(Continued on Page 4)

State "Forand Bill" IntroducedAssemblyman Carlos Bee (D., 13th District, Alameda County) this week

introduced AB 489 which would establish a state program to provide healthcare benefits for approximately 1,025,000 senior citizens in California underthe social insurance principle.

The measure has the solid backing of the California Labor Federation,AFL-CIO.

(Another AFL-CIO-backed meas- by employers through a one perure to revive the drive for a gen- cent contribution on employee pay-eral state health care program was rolls up to $6,000 annually.being prepared this week for in- "This social insurance approachtroduction by A. Phillip Burton for California is an urgent necessity(D., 20th District, San Francisco).) if we are to meet our responsibi-The Alameda County legislator lities to senior citizens who have

said that his "Little Forand Bill" contributed so much to the pros-would provide hospital, nursing and perity and wealth of our greatsurgical care to aged persons in the state," Bee said. The veteran legis-state receiving social security bene- lator added:fits: under the federal OASDI pro- "I have introduced this bill be-gram. cause it is important that Califor-The program would be financed (Continued on Page 2)

Senate "clearance" means thatthe bill can be taken up under athree-fourths v o t e requirement

New jobless figures released forD e c e m b e r show unemploymentreached 6.1 per cent of the workforce in the state. This comparedwith 5.4 per cent in November and4.4 per cent in December a yearearlier.The Department of Employment

reports that 400,000 Californianswere out of work last month, anincrease of 51,000 from the previousmonth.

without waiting for a 30-day periodto run its course.Shaw said his measure would

permit payment of extended bene-fits to jobless persons exhaustingtheir regular benefits in accordance

(Continued on Page 2)

Bill DigestsNews Letter next week will

start running a continuing digestof state legislative proposals ofprimary concern to Californialabor.

It is also expected that by thenthe composition of the all-im-portant legislative committeeswill have been announced forprinting in the News Letter. TheSenate has announced its com-mittess, but the composition oflower house committees is stillunknown.

State "Forand Bill" Introduced(Continued from Page 1)

nia be prepared to act if the fed-eral Congress does not approve theKennedy administration's programfor the addition of health care tothe federal social security program.

"Health care under social secur-ity for the aged has been given toppriority among programs to bepressed in the first 100 days of thenew Congress.

"Should Congress fail to enactthe Kennedy health care proposal,in face of the strong support it isreceiving at the current aged con-ference in Washington, then I thinkthis legislature has the responsi-bility to immediately enact a pro-gram based on the principles of mybill for California's aged.

"In other words, this bill is being heldin reserve temporarily, but I intend topush for its enactment should the fed-eral Congress fail in its responsibilities."The eligibility provisions of my bill

are designed to provide health care cov-erage for social security beneficiariesin California, and as such, would supple-ment the present medical care programfor aged persons receiving public assist-ance and also the new category of publicassistance in medical care establishedunder the inadequate measure passed bythe last Congress."When Congress passed its inadequate

federal-state medical care bill last year,it made additional funds available forthe aged on public assistance in meetingtheir medical needs. The Governor hasrecommended to us that we utilize theseadditional funds available from the fed-eral government in our public assistanecmedical care program."Concerning the new category of med-

ical care assistance available from thefederal government designed to coverthe so-called 'medical indigents' who arenot receiving public assistance but whocannot afford to provide for their medi-cal needs, I assume here also that thelegislature will follow the recommen-dations of the Governor and enact a newprogram that would utilize these addi-tional limited federal funds."My state bill, therefore, would supple-

ment both of these programs and coverthose who are under social security, andthus round out a total program for all ofCalifornia's senior citizens."But again, I want to point out that

my bill would not be necessary if theCongress takes appropriate action on afederal bill in the next few months."Under the Bee bill, there are approxi-

mately 1,025,000 persons receiving socialsecurity benefits in the state who wouldbe covered. This number would increaseeach year as the federal social security

system matures and more persons re-ceive benefits.There are also 255,000 persons over 65

who are eligible for care under the pres-ent state medical care program in publicassistance. Some of these, however, whoalso receive federal social security couldbe transferred to the social insuranceprogram advocated by Bee.Other aged persons falling under

neither of these programs would be thepersons who could benefit by state ac-tion implementing "medical indigent"assistance now available from the federalgovernment.The Bee bill, which would be admin-

istered by the State Department of Em-ployment, contains provisions to insurefree choice of doctor and to maintain aquality of medical care under the pro-gram.

Hospital benefits for a qualified per-son would include up to 60 days of hos-pitalization in a 12-month period. Thesehospital benefits would include bed andboard and customary services furnishedin a hospital to bed patients, such asnursing services, laboratory services, am-bulance services, use of the operatingroom, staff services, drugs, medicinesand appliances. The hospital services aredefined also to include medical care asis generally furnished by hospitals as anessential part of hospital care for bedpatients. Nursing services would beavailable to eligible persons for up to120 days in any 12-month period, lessthe number of days of hospital servicesreceived by the individual.Nursing services would include skilled

nursing care, related medical and per-sonal services and accompanying bed andboard furnished by an approved facility.

Protection against many of the pres-ent low standards and "gouging" that ex-ist in the home nursing field todaywould be provided by requiring that thenursing care (1) be operated in connec-tion with a hospital, or (2) that theskilled nursing care and medical servicesbe prescribed by or performed under thegeneral direction of physicians.

Oral surgery required by a dentist isalso covered under the Bee bill if medi-cally necessary.

Surgical services provided in the Beebill would include surgical proceduresprovided in a hospital, but not those thatare elective surgery on the part of thepatient.

In the case of an emergency or forminor surgery, surgical procedures inthe out-patient section of a hospital or ina doctor's office are also covered.

Physicians, hospitals and nursing es-tablishments participating in the pro-gram would be those that contract withthe Department of Employment undercircumscribed rules and regulations ofthe department, as well as the provisionsand standards of the bill itself.

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Labor Bills .(Continued from Page 1)

secondary boycotts" Act which isstill in the Labor Code.Another bill offered by the Sac-

ramento Assemblyman would re-quire full identification of an em-ployer on check stubs together withItemization of deductions for fringebenefits.

Still another would declare thepolicy of the state to remain neutralIn any traae dispute. With author-ity given to the Director of Indus-trial Relations to determine wheth-er such a dispute exists, the billwould then prohibit the purchase bythe state ot any goods or servicesfrom any party to the trade dispute.

In introducing the bills, whichare sure to stir heated oppositionfrom employer lobbyists, Hicks said:

"Calitornla, with its work forceof several million, is entitled tolabor - management laws that arerealistic in their application to theproblems of collective bargainingand management relations with theworker. Thnese bills which I haveintroduced today are within thescope of responsible liberalism and'are designed to bring about truefreedom of labor-management nego-tiations unhampered by u n d u I yharsh restrictions or rescriminatorymeasures for either party to thesenegotiations.

'"it just doesn't add up that ourstate should trip under the burdenof restrictive labor laws as somestates where they consider labor as.something less than their most im-portant commodity," Hicks con-cluded. --

Corporate growers who oppose:-any kind of extension of labor lawto farm workers have already jump.ed on the collective bargaining re:-resentation bill because of its fullapplication to agriculture.

Hicks described the measure asfollows:

Deletes jurisdictional strike pro-visions.

Declares public policy that work-ers shall have the opportunity toselect a collective bargaining repre-sentative by majority vote.

Provides that, upon a petitionfiled by a labor organization, the De-partment of Industrial Relationsafter investigation shall, pursuantto rules and regulations, conductelections and certify the labor or-ganization which receives a major-

(Continued on Page 4)

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Urgency Bil tcBenefits: Br

(Continued from Page 1)with the Miller-Collier Act passedby the legislature in 1959.Under this 1959 legislation, up

to an additional 13 weeks of unem-ployment insurance payments be-come available when statewide un-employment exceeds 6 percent ofthe labor force.The 6 percent "trigger" level,

however, is computed under a fortmula which utilizes actual claimsfilings. Because of technical prob-lems in the compilation of figures,there is a one-quarter lag in com-puting the level of unemploymentfor purposes of the extended pay-ments law.

Recently the state Director ofEmployment anounced that extend-ed benefits would not be payableduring the current quarter because

< the state unemployment rate cal-culated under the law was 5.7 per-cent-just .3 percent short of the6 percent requirement. It is cer-tain, however, that the 6 percentrate would be reached for the sec-ond quarter of the year, thus "trig-gering" the payment of extendedbenefits to exhaustees starting inApril.

Shaw's bill would take up thestatistical slaok and provide for theemergency extension of paymentsto' persons exhausting their bene-fits who would otherwise have towait until April 1.As introduced, the Shaw bill

would ha v e provided for this"emergency extension" on a re-gional basis for those areas whichhave reached the "triggering" leveldespite the statewide figure. Inseeking emergency clearance be-fore the Senate Rules Committee,however, the southern legislator an-nounced that he was going to amendhis bill so that the emergency pay-ment of extended benefits wouldbecome available throughout thestate in February and March.

Despite the urgency clearancegiven by the Senate, the measure is:expected to face a tough struggle ingaining immediate enactment. It isset for hearing this week in theSenate Committee on Insuranceand Financial Institutions, and thenmust win a three-fourths vote inboth houses, besides surviving var-ious roadblocks that could be en-countered.

D Extend Joblessown Support

The California Labor Federationhas given all-out backing to theShaw bill.

Last Friday, Governor EdmundG. Brown also announced his sup-port of a Shaw-bill principle in athree-point program to fight unem-ployment in the depressed areas ofCalifornia.

In other points, Brown assigned"emergency" priority to a billwhich would immediately release$30 million for local school con-struction loans, and ordered all de-partment heads to give priority tostate projects in areas of heavy un-employment.

Preliminary figures for Decem-ber released by the Governor showthat unemployment has alreadyreached as high as 16 and 14 per-cent in the Ukiah and Eureka areasrespectively. The following are job-less rates in other labor marketareas:

Los Angeles - Long BeachSan Francisco - OaklandSan DiegoSan Bernardino - RiversideSacramentoStocktonFresnoSan Jose

6.0%5.6%7.2%7.7%5.0%8.3%6.3%6.9%

Statewide, the Department ofEmployment has released figuresshowing initial unemployment in-surance claims of 53,539 for theweek ending January 12. This is ontop of continuing claims in theamount of 315,705.

Both the initial and continuingclaims for last week were the sec-ond highest for any week on recordsince the late '30's.The Department points out furth-

er that some 47,000 covered joblessworkers exhausted their claims inthe months of October, Novemberand December, 1960.

Governor Brown's action on themounting unemployment problemhas been relayed to his departmentheads in the form of an "order".

In a policy directive issued tostate executives, the Governor saidthe policy of the state is "herqbydeclared to promote full employ-ment"."Toward this end, the various de-

partments of the State of Califor-nia are to give whatever continuingattention may be requested to ar-range priorities of construction to

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Imperial ValleyAction On Braceros

(Continued from Page 1)and the International agreement be-tween the United States and Mexico.The Church operation was struck last

Friday, when some 83 domestics walkedoff the job leaving over 200 "braceros"behind the picket lines. It is reportedthat Church, with the cooperation ofother growers, brought in an additional300 "braceros" after the strike started.

All have now been withdrawn underthe interim action of U.S. and Mexicanofficials pending a decision on theunions' charges of illegal exploitationand use of "braceros".

Picketing of the Church ranch, how-ever, has been enjoined by a superiorcourt judge this Monday.Three hours following the forced re-

moval of pickets the farm workersstruck the 1,200-acre ranch of CharlesFreedman.Domestic workers poured out of the

fields leaving "braceros" behind thelines.As yet no action has been reported on

the withdrawal of the "braceros" whounder law are prohibited from workingbehind bona fide union picket lines.

Picketing at the Freedman Ranch hasalso been enjoined by a superior courtjudge.Developments this week, which are

progressing at a rapid clip according toAWOC officials on the scene, followeda mass rally in Calexico Sunday wherefarm workers heard PackinghouseWorkers President Ralph Helstein de-clare:"We will be here as long as it takes

to bring you industrial democracy."The union gathering also heard AWOC

Director Norman Smith on the planningof the union strategy.

It is a recognized fact that the federalgovernment has the power to break theorganizing effort if it fails to enforcethe requirements of Public Law 78 andyields to the pressures of the powerfulImperial Valley Farmers Association.Union spokesmen on the scene report

that morale is at a high level among thedomestics who are battling for theirlegal and moral rights.

assure . .. the highest practicalpriority is given to construction" inheavy unemployment areas.Brown said the Director of the

Department of Employment, IrvingH. Perluss, would designate priorityareas, using unemployment as thecriteria.Robert Bradford, Director of

Public Works, and other depart-ment h e a d s would then followthrough by giving higher prioritiesto projects planned for those areas.

California Labor Federation, AFL-CIO995 Market St.San Francisco 3, Calif.

Institute of Industrial Rela tim214 Callfrnala HailltUaiversity'o'f Calf foriaBerkeley- -4, aif.

FORM 3547 REQUESTED

NON-PROFITORGANIZATIONU. S. POSTAGEPAID

Permit No. 7085San Francisco, Cal.

Sears BoycottA significant development in the con-

tinuing boycott against Sears, Roebuckwas reported recently when arbitratorArthur C. Miller ruled that the companywas in violation of its agreements withSan Francisco Retail Clerks Locals 1100and 410 in major points.According to the two unions, Miller's

ruling upholds in overwhelming measurethe unions' contentions through theirlong dispute with the company:The ruling finds the company in viola-

tion of the discharge and seniorityclauses, the dispute procedure, the lock-out and discrimination clauses, the rightsof'union members to respect a properlysanctioned picket line and to be activeunion members without fear of reprisal.

Miller rested his decision mainly onthe dispute procedure in the contractswith the two Retail Clerks unions. Heheld Sears was first to breach its obliga-tions "by resorting to a lock-out of em-ployees and refusing to consider orarbitrate the resulting grievances...."He also held that individual employees

actively taking part in the San Fran-cisco Labor Council boycott had similar-ly violated the agreements by "resortingto that means for securing settlement oftheir grievances." He added that therewere, however, mitigating circumstancesin "the company's provocations in violat-ing a whole series of its contractual com-mitments and the past service records ofthe employees ..."The arbitrator ordered the reinstate-

ment in'the jobs they held before picket-ing started of all full and part-time em-ployees under substantially identical con-ditions.Employees, it is reported, will be en-

titled to all vacation credits, medical andhospital benefits, and profit-sharingrights and credits and any other benefitslost as a result of their discharge.Employees are entitled to payment of

all earnings lost as a result of the failureof the company to reinstate the employeeto the same job he held before picketingstarted or as a result of reinstatement inan inferior job. No deductions from backpay will be made for union assistancebenefits or unemployment benefits re-ceived while off the job.

Miller ordered service records of allreinstated employees corrected to elimi-nate any service deductions for time lostwhich were imposed on employees whenthey were returned to work.Employees who, in Miller's terms,

Development"actively participated in boycott activi-ties," are entitled to full reinstatement,vacation rights, health and welfare andprofit-sharing benefits.Such employees were, however, ex-

cluded by Miller from the back payaward.Commenting on the decision, San

Francisco Labor Council SecretaryGeorge W. Johns said:

"Mr. Miller's decision upholds in al-most every detail the Labor Council'scontentions that Sears Roebuck actedimmorally and illegally in exacting costlyand unjust reprisals against its unionemployees."But Mr. Miller errs sharply in penal-

izing those employees who had thecourage to exercise their fundamentalrights as free American workers to pro-test the injustice of the company's acts.They fought immorality and indecencyin labor relations in the only way thenopen to them...."

It is generally felt that further pro-ceedingS would be required before thefull measure can be taken of this provi-sion of Miller's award. What constitutes"actively participating" in the boycottseems almost certain to become the sub-ject of interpretation by negotiation orfurther arbitration.Another significant point should also

be noted: the Miller ruling is the firstimportant decision upholding the sancti-ty of contract clauses safeguarding theright of union members to respect apicket line.

Labor Bills .(Continued from Page 2)

ity of votes as the collective bar-gaining representative of the work-ers in the appropriate unit.

Provides further that, a m o n gother things, workers in a unitwhere concerted activity arising outof a labor dispute occurs may vote,and their replacements may not;that the department may not con-sider a new petition for a year aftercertification or for two years ifthere is a collective bargainingagreement in effect; that jurisdic-tion of the department is exclusive;that any question of representationsubject to federal law is not subject

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lndustrial Safel MeetSome 1400 representatives of manage-

ment and labor, and other individualsand organizations concerned with on-the-job safety in California, will attend theGovernor's Industrial Safety Conferenceat the Biltmore Hotel, Lo-, Anreles, onFebruary 9 and 10, it has been an-nounced by John F. Henning, director ofthe State Department of Industrial Rela-tions and presiding chairman of theconference.The conference, which has held a two-

day meeting each year since 1950, andwhich represents every occupation andindustry in California, has a single aim-the reduction of work injuries anddeaths.

Governor Edmund G. Brown will de-liver the keynote address at the openingsession of the conference. Other featuredspeakers will include Thomas L. Pitts,secretary-treasurer of the California La-bor Federation, AFL-CIO, who willspeak for labor, and Owen M. Collett,executive vice president of the PacificIntermountain Express Company, whowill speak for management.Following the first general assembly

on the morning of February 9, the ninemajor-industry groups that make up theconference will meet separately thatafternoon and the next morning, to dis-cuss their own particular safety prob-lems, and to make plans for the year incombating the toll of on-the-job injuriesand deaths.In 1959, the last year for which com-

plete figures are available, 740 Californiaworkers were killed in on-the-job acci-dents, and 164,000 others disabled to theextent that they could not report forwork the following day.Panel discussions, demonstrations and

films will feature the programs of thevarious industry- groups: agriculture;construction; forest products; govern-mental agencies; manufacturing; min-eral extraction; special research; tradesand services; and transportation, com-munications, and ultilities.

to the law; that the department mayenforce compliance with the provi-sions of the law and may petitionthe superior courts for enforcementof the orders and decision; and thatany person aggrieved by a final de-cision or order of the departmentmay obtain judicial review through-a petition for writ of mandate.