We urge that action be taken immediately to begin to give hired farmworkers first-class citizenship. To this end we urge that:

As a minimum, the Senate refuse to yield to the House on the slashing of the reform provisions from the Senate bill on the Mexican contract labor program; though we prefer that this program be allowed to die December 31, 1963;

The Congress take steps to restore hired farmworkers to first-class citizenship by extending to them coverage in all pertinent labor laws, without discrimination, including the Fair Labor Standards Act, the National Labor Relations Act, and the Social Security Act (shifting the responsibility for payments back to the farmer or processor employer), and providing unemployment compensation coverage;

The Congress pass the labor contractor licensing and regulation bills proposed by Senator Williams and others;

The Congress enact a domestic recruiting bill along the lines of that pending in the Senate, enabling the Department of Labor to meet all of the legitimate labor needs of agriculture while at the same time protecting the rights of workers;

The Congress enact a uniform workmen's compensation act covering hired farmworkers.

We urge that the States live up to their responsibilities on housing, health, transportation, workmen's and unemployment compensation, and other programs embraced in their jurisdictions; and we urge those groups who parade behind the banners of the sanctity of States rights to lend a hand indicating that rights have no social meaning in the absence of a willingness to assume responsibility. We urge the leaders of organized labor and our members to redouble their efforts to lend a hand to these our brothers who have been and are daily being subjected to gross injustice, until the last vestige of discrimination against them has been eliminated.

Mr. ROOSEVELT. Thank you very much, Mr. Clayman. We are grateful to you for your help.

Mr. Dent, do you have any questions?

Mr. DENT. I just want to thank you. I am sorry we did not have more time, but I do appreciate his coming.

Mr. CLAYMAN. Thank you, I appreciate the difficulties under which the committee labors, and I deliberately cut the statement short. Mr. ROOSEVELT. Mr. Daniels?

Mr. DANIELS. Mr. Chairman, I join with my colleague in expressing my appreciation to the witness for an excellent statement.

Mr. ROOSEVELT. Well, Mr. Clayman, thank you very much, and we will look forward to hearing from you with the additional chore which we gave you. Thank you very much.

Mr. CLAYMAN. Yes, I hope I have good news, sir.

Mr. ROOSEVELT. We hope so, too.

The committee will adjourn until 10 a.m., tomorrow morning, at which time the committee will meet in executive session.

(Whereupon, the subcommittee adjourned, to reconvene at 10 a.m., Wednesday, March 11, 1964, in executive session.)

ng a certified tree farmer myself, I can vouch for the fact that an 86-acre it is so small that you would ordinarily selectively cut such a lot perhaps ry 15 years or so. The logging process on this area with an 8- to 12-man ld take about 5 to 15 days. Smaller crews would take a proportionrer time-but logging crews of more than 12 men are not found working ts. Larger crews are not efficient or practical on these small areas Dave worked on farm woodlands.

*ypical operation is developed by a farmer buying a powersaw— as a truck and he regards himself as a logger. He and his son, or together and find markets for his logs, or pulpwood, has his trees County, State, or company forester, and proceeds with logging. tract is logged, he may well repeat the process on other tracts ring the fall and winter months, he logs along with his farming seasonally lightened. Actually many of us consider this type ng.

s own timber, his workers are exempt under agricultural wage and hours provision of the Fair Labor Standards Act. ber of other owners, his operation is still exempt under → employs 12 men or less.

wever, remove the 12-man exemption and this farmer ate under the Fair Labor Standards Act on other tracts vorking on his own lands.

at injustice to the farmers and tree farmers of the pose this confusing situation on them. I regard take from the farmer the agricultural exemption

1.

on his own, makes his own decisions, sets his own
He works unsupervised usually many miles
even, in many cases, highway. He enters the
h suits him best, works as long as he sees fit,
's his day's work, and returns to his home.
́ork may well extend over several months.
hom he is cutting the pulpwood will even-
ure the wood. At the time he does so,
gured out and he is paid for what he's

wage is averaged over a long period.
t, and, in fact, it should be fairly
be applied to this kind of work.
ns are able to earn and do earn
The problem which in the past,
n for small logging operations
but the problem of overtime.
ct are able to record hours
but this is possible only
'cient size that it can em-
eeper. But if the firm
firms with only 12 or
farmer cannot spend
ods is dependent to
't work. In many
other weeks you
e week balances

ggers in genv is famous vision and

⚫ woods

v Engifficult

arcity is not

Many of the woods

such, make appreciably

MINIMUM WAGE-HOUR LEGISLATION, H.R. 9824

THURSDAY, MARCH 12, 1964

HOUSE OF REPRESENTATIVES,

GENERAL SUBCOMMITTEE ON LABOR

OF THE COMMITTEE ON EDUCATION AND LABOR,

Washington, D.C.

The subcommittee met at 10:10 a.m., pursuant to recess, in the Caucus Room, Cannon Building, Hon. James Roosevelt presiding.

Present: Representatives Roosevelt, Dent, Daniels, Hawkins, Gill, and Ayres.

Also present: John Schuyler, counsel; Donald Anderson, assistant counsel for full committee; Ray Rodgers, minority counsel for labor, and Adrienne Fields, clerk.

Mr. ROOSEVELT. The committee will come to order, please.

The committee this morning has the very great pleasure of welcoming one of our able and distinguished colleagues, the Honorable James C. Cleveland, Representative in Congress from New Hampshire.

Mr. Cleveland, we want to tell you how much we appreciate your coming before the committee. I would suggest that you proceed in any manner which is most convenient to you.

STATEMENT OF HON. JAMES C. CLEVELAND, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW HAMPSHIRE

Mr. CLEVELAND. Thank you, Mr. Chairman.

I am testifying in particular on the so-called 12-man forestry and logging exemption, which I understand is to be removed under the terms of legislation that you are considering.

I am not going to read my entire statement, Mr. Chairman, and I will submit it for the record; but I would like to touch on certain parts of it.

I think the State of New Hampshire that I come from typifies the point that I want to make in opposition to removing this 12-man exemption. We have some 6,500 farms in our State, with slightly over a million acres of land, but of that total about half of it consists of farm woodlands, "small woodlots," as we call them. As a matter of fact, I am personally a tree farmer. I don't know if you are familiar with the tree farming program, but as a tree farmer, which is a program to encourage and improve good forestry practices on small woodlots, and having some personal experience, I can say that the average lot might be around a hundred acres. Such a lot would ordinarily be selectively cut, perhaps every 10 or 15 years.

Most of this type of logging and cutting is done by small crews, under the 12-man exemption. I am familiar with the way these crews