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gium, 66%% of earnings.

BLE 5.-Maximum Unemployment Benefit1 in Selected European Countries,

1967

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urce: U.S. Social Security Administration, "Social Security Programs Throughout the d. 1967."

RUSSELL B. LONG,

AMALGAMATED MEAT CUTTERS & BUTCHER WORKMEN OF NORTH AMERICA,

rman, Senate Committee on Finance, Senate, Washington, D.C.

Chicago, Ill., February 20, 1970.

CAR SENATOR LONG: The Amalgamated Meat Cutters and Butcher Workmen,
or union of 500,000 workers in the food, leather, fur and allied industries,
gly supports reform of the unemployment compensation legislation. We
delighted that your Committee is currently considering this legislation.
r Union is vitally interested in two suggestions made to your Committee.
num federal benefit standards must be incorporated into the bill before your
nittee if unemployment compensation is to regain its position as a viable
insurance mechanism in our society. Thirty-five years of federal neglect
left the nation with a program that compensates only four out of ten jobless
ers under the best of conditions and then replaces less than 35 percent of
erage weekly wage in covered employment.

3421 and Amendment No. 489 represent efforts to improve this situation.
are limited efforts-much more modest than our Union policy favors—
hey represent a step in the right direction. We urge your Committee to
orate the substance of these two proposals related to weekly benefit
ats and benefit duration into H.R. 14705.

Union also strongly favors extension of unemployment compensation
tion to farm workers. We urge your Committee as a minimum-to
H.R. 14705 to include the original Administration proposal concerning
workers. Unemployment compensation protection for farm workers is long
e. Extending coverage now to agricultural employers employing four or
workers in twenty weeks presents no greater problems than now exist in
g industrial workers.

a workers are subject to even greater risks of unemployment as other
s. Their families and the communities in which they live and work have
ne needs for the protection of the program as families and communities
attached to industrial work. We therefore strongly urge the Committee
nd the protection of this program to agricultural laborers.
Very truly yours,

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THOMAS J. LLOYD,

President.
PATRICK E. GORMAN,
Secretary-Treasurer.

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ATEMENT OF LOUIS STULBERG, PRESIDENT AND GENERAL SECRETARY,
INTERNATIONAL LADIES' GARMENT WORKERS' UNION (AFL-CIO)

statement is submitted on behalf of the 430,000 members of the Inter-
Ladies' Garment Workers' Union who work in 38 States and the
wealth of Puerto Rico. The overwhelming majority of our members,
nt of whom are women, depend on their earnings to support themselves
ir dependents or to supplement inadequate earnings of other family
nemployment insurance system must provide adequate protection to a
n number of persons subject to the possibility of unemployment if it
operly maintain worker incomes and act as an automatic stabilizer
economy. Since the existing federal-state unemployment compensation

ESS

9 N

ESS

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structure came into being 30 years ago, it has lost much of its viability because it has failed to keep pace with evolving needs.

H.R. 14705, now before your Committee, does not provide the modernization needed by our unemployment insurance system. It expands coverage of unemployment insurance protection to more people but fails to extend it to many others sorely in need of a safeguard from the ravages of unemployment. It automatically extends benefit duration in periods of recession but fails to correct the inadequate benefit duration under the laws of the several states even in normal times. It raises the taxable wage base to only $4,200 and thus still leaves a large proportion of payrolls untaxed. To make up for the inadequacy of the tax base, the bill raises the tax retained by the Federal government, thus further intensifying the inequity of the tax structure. At the same time H.R. 14705, by providing judicial review of adverse determinations of the Secretary of Labor under the provisions of Title III of the Federal Unemployment Tax Act, defeats the very purpose for which the Secretary was given his existing powers which were never abused. The most glaring deficiencies of the bill are in its omissions. It fails to provide Federal standards for improvement of the entire benefit structure. Thus, it does nothing to induce the various States to raise benefits, a necessary measure since some 40 percent of the insured unemployed receive benefits of less than one-half of their wages.

There is a definite need to reform the existing unemployment insurance system. However, the matter cannot be left to state action alone. Interstate competition, if nothing else, deters needed improvements in the absence of standards promulgated in the form of appropriate Federal legislation. We hope, therefore, that your Committee in the course of its deliberations will recognize the manifold deficiencies of H.R. 14705 and will recommend the needed amendments, including guidelines binding on the individual states, that would modernize the federal-state unemployment insurance system. A start in that direction was made by the 89th Congress when the House of Representatives and the Senate deliberated on H.R. 15119. Even so, that bill in both its original version and its amended form left considerable room for needed improvements.

In the following wages, we propose to examine briefly some of the basic proposals which we hope your Committee will incorporate in the bill for consideration by the Congress.

COVERAGE

Millions of wage and salary earners are still not covered by the unemployment insurance system. While H.R. 14705 does propose the extension of unemployment insurance protection to about 4.5 million workers, it would leave an additional 12.5 million persons outside the system. There is no justification for excluding any wage or salaried worker from unemployment insurance protection, whether they work in a small establishment, in a household, for a nonprofit organization, for a governmental agency, or in agricultural or nonagricultural pursuits. We urge your Committee to extend the law's coverage to all persons working for salaries or wages.

BENEFIT STRUCTURES

The existing benefit structures need to be updated in several respects by means of appropriate Federal standards to be written into your recommendations. In view of the dynamic nature of the labor market and rising wage levels, the maximum benefit rate for every state should be set at no less than two-thirds of the statewide average wage for covered employees, determinable each year by state authorities. This proposal is in line with the recommendations of the Federal Advisory Council on Employment Security, accepted by President Eisenhower as far back as 1954 and endorsed subsequently by Presidents Kennedy and Johnson. President Nixon also recognized the validity of this principle in his message to the Congress on July 8, 1969. However, by leaving the matter to enactment by individual states rather than to the Congress of the United States, he frustrated his intent. Judging by past experience, the states are not prone to act in this matter in the absence of a national standard set forth in Federal legislation. This formula would permit a periodic (annual or semi-annual) adaptation of maximum benefit amounts to changing wage standards. It would assure that only a minority of the unemployed would get benefits amounting to less than 50 percent of their lost earnings.

RESS

es.

he Federal law should also require every state to provide benefits equal to
east two-thirds of full-time weekly wages to workers who qualify for bene-
smaller than the maximum amount. This would enable the average un-
oyed person to meet non-discretionary, non-postponable expenses, includ-
rent, food, medical care, and the like (studies of the National Industrial
erence Board show that approximately two-thirds of disposable personal
ne goes for meeting such outlays). Incomes would thus be maintained,
cularly for those in the lower income brackets, in line with broad national
tives in combating poverty and individual distress.

ere is also need to provide a Federal standard for the maximum duration
nefit payments to persons who remain jobless. In most states, duration of
its is dependent on length of prior employment or earnings. This is un-
.. Benefits should be payable up to a specified maximum number of weeks
course of a benefit year irrespective of the past earnings of the individual
ant who is ready, willing and able to work. This is a valid principle since
ngth of unemployment experienced by claimants bears no direct correla-
with either past earnings or the continuity of past employment.
erience has demonstrated that many workers suffer more than 26 weeks
mployment in the course of a benefit year. The rate of benefit-right ex-
on is, of course, greater when business climate is poor than when business
1. Exhaustions are thus a function of both the overall economic climate
I as of the specific characteristics and operating patterns in the different
ies. Thus, for example, apparel workers who are seriously affected by un-
ment because of the economic characteristics of that industry do not
ly suffer from extended unemployment and their exhaustion rates are
the lowest. Contributing to the exhaustion rate is also the fact that some
ies may be suffering from a business slowdown while the rest of the
y is booming. A realistic approach to this problem is to provide a flat
duration financed by contributions levied by the individual states for
26 weeks of unemployment and benefits for an additional period of 13
inanced by the Federal government from income received under the Fed-
employment Tax Act or out of general revenue. This is sounder than the
1 contained for the extension of benefits in H.R. 14705.

sure equity, it is important that each covered worker get maximum credit
loyment and earnings in his base period. Thus, individuals working in
an one state should have their benefits computed on total earnings, ir-
e of the jurisdiction where they were earned. This sound principle is
ed by H.R. 14705. Similarly, the level of benefit rights should not be cut
wage credits cancelled for any reason, a principle recognized at least
y H.R. 14705. Disqualifications imposed on claimants should be codified
al law. Unfortunately, over the years, inconsistent and unduly harsh
have crept into some statutes, with punishment incommensurate with
e of the offense. Penalties should be reasonable and should not extend
at portion of the unemployment period which is deemed to be directly
bout by the offending action, estimated by responsible agencies such
deral Advisory Council on Employment Security and the Bureau of
ent Security to be 6 weeks at the maximum. This standard should be
ed in the Federal law as a binding guideline for states to follow. It
applicable to all types of disqualifications including those resulting
eral law should also provide maximum standards beyond which indi-
es could not deny initial entitlement of workers to unemployment in-
wide diversity of practices, developed since the first passage of un-
t insurance legislation, has resulted in widely differing requirements
employment or earnings before a worker is deemed to meet the intial
to benefits. This patchwork quilt of varied requirements, frequently
vithout justification in fact, can only be remedied by Congressional
the promulgation of standards binding on all the states. In no case
ate be permitted to require more than 15 weeks of base period em-
qualify a worker for entry into the system or, in the alternative, re-
ximum of 30 weeks of employment during the base period and the
preceding year provided there are at least 10 weeks of employment
period. Where states rely on base period earnings as a qualifying test,
earnings requirements (on an equivalent basis to a standard meas-
ks of prior employment when benefit rates are set to approximate
f base period weekly wages) shall not exceed 20 times the weekly

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benefit amount or 1.2 times the high quarter earnings. The states should also be prohibited from requiring employment to be measured in terms of a number of quarters in the base period and no claimant should be required to meet more than a single test of employment or wage qualifying requirement.

FINANCING OF UNEMPLOYMENT INSURANCE

We recommend that the same tax base should be adopted by the Congress for unemployment insurance purposes as for Old Age, Survivors and Disability Insurance.

When the original Social Security Act was first taken up by the Congress, it was proposed to levy a tax for unemployment insurance purposes on total covered payrolls. However, a $3,000 limitation was thereafter adopted, the same as for Old Age and Survivors Insurance, because the overwhelming number of covered workers did not earn much over $3,000 at that time. With the advances in wage and salary levels this ceiling became obsolete. While in the case of Old Age, Survivors and Disability Insurance it has been gradually lifted to $7,800 beginning with 1968, no change in taxable wage base has ever been made for the Federal Unemployment Insurance Tax. As a result, anomalies developed in the tax structure with some employers paying a lower proportion of their total payrolls than others. At the same time, inadequate financing, coupled with frequently unsound experience rating provisions, placed undue restraints on needed improvements in unemployment insurance legislation. In view of interstate competition, it is essential for Congress to provide at least the same tax base for unemployment isurance purposes as it has done for Old Age, Survivors and Disability Insurance. The proposed tax base in H.R. 14705 falls short even of the $6,000 recommended by President Nixon in his message and Secretary of Labor Shultz in his testimony before your Committee. The inequity is compounded by the delay proposed for the implementation of the higher tax base. A tax base identical to that used for Old Age, Survivors and Disability Insurance would provide both a sounder and more equitable form of taxation and would make it unnecessary to increase the share of the payroll tax retained by the Federal government.

In considering unemployment insurance financing, it is to be hoped that your Committee will also review the existing chaotic experience rating practices under the various state laws. These unwise provisions have often weakened reserve funds and fostered perpetuation of inadequate levels of benefits and of benefit duration. Hopefully, your Committee will agree with many authorities on the subject that experience rating should be eliminated from the system or, if it be retained, should be severely limited. The range of variation between minimum and maximum permissible tax rates has to be narrowed, with no rates permitted to fall below one percent of the total payroll of the taxed employer. In any event, the schedule of tax rates should vary up or down in such manner as to insure that available reserves do not fall below an amount equal to the highest benefit payments over a continuous 18 month period in the preceding 10 years.

CONCLUSION

We submit to your Committee that H.R. 14705 fails to meet the current needs of the United States for a modernized unemployment insurance system. We have provided your Committee with a number of recommendations for needed reforms, including the appropriate standards that are needed for the guidance of the state legislatures. We believe they have been made more urgent because of the present economic slowdown and rising unemployment. We hope that these will meet with your Committee's approval and will find their way into the bill that will be reported out.

STATEMENT CONCERNING THE EXTENSION OF UNEMPLOYMENT INSURANCE TO FARM EMPLOYEES, SUBMITTED BY J. J. MILLER, EXECUTIVE VICE PRESIDENT, ON BEHALF OF THE AGRICULTURAL PRODUCERS LABOR COMMITTEE,* LOS ANGELES, CALIF. This statement is presented on behalf of approximately 12,000 citrus and avocado growers and establishments where citrus and avocado fruit is prepared for

*A report attached to this statement entitled "The California Farm Labor Force: A Profile," prepared for the Assembly Committee on Agriculture by the Advisory Committee on Farm Labor Research with the assistance of the California Department of Employment, was made a part of the official files of the Committee.

rket in California and Arizona. Mr. Miller is also an officer and director of the employment Insurance Association which is composed of both industrial and m associations in California.

THE PROPOSAL

n presenting legislation to Congress to improve the Federal-State unemploynt insurance system, the federal administration has urged that a certain part he farm labor force be insured against the risk of unemployment.

he original proposal was that agricultural workers on farms employing four hore workers in each of 20 weeks of the year be covered by the federal law. In nation this involved about 400,000 farm workers, 190,000 of whom are estied to be working in California-48% of the total involved!

CALIFORNIA IS AWARE OF THE PROBLEM

rior to this year there have been some 46 different bills filed with our legis-
re seeking in some way or another to repeal the exclusion of farm workers
à unemployment insurance. Last month the Chairman (William M. Ketchum)
he California Assembly Committee on Agriculture in testifying before a Sub-
nittee of the U.S. Senate Committee on Agriculture stated:

'he California Legislature has been struggling with the problems of agricul-
1 employment for years. . . . The members of my committee, together with
fornia agriculture, generally support the principle of extending comprehen-
unemployment insurance to farm workers, but so far efforts to enact such
lation have floundered on the problem of financing the anticipated annual
it of $30,000,000 in the State Unemployment Insurance Fund that would
e..."
st year the California State Chamber of Commerce which is composed of
rs from both agriculture and industry changed its policy of opposition to
coverage to that of qualified support if equitable eligibility and financing
sions could be attached.

d the position of Governor Ronald Reagan supporting coverage for "per
nt" or "year-round" farm workers has already been placed before the com-
e by the Secretary of Labor.

s Committee then, in considering the next step, must reason through the mic and social facts which to date, in spite of this tremendous interest ffort, have produced only a modest change in our farm coverage provisions.

HIGHER COSTS WILL HURT FARMING

s well known that the number of farm workers is declining in this country. 30 the average annual employment of hired farm workers was 3,190,000. 9 it was projected at 1,165,000.

August 1969 one of the leading banks in California took occasion to point their research publication that California farmers and ranchers were onfronted with a price (profit) picture stagnant at 1940 levels while their vere moving up at a brisk 1970 pace.

n production expenses in California already average about 75% of gross acome compared with a national average of 69%.

State Director of Agriculture has identified the rising costs of producs follows: High wages, high taxes, considerable expense for water to e, and high freight bills in marketing.

ems clear that a way must be found to increase the prices which farmers for their food and fibre. But this involves many uncertainties not the f which is the perishable nature of the product, the mood of the purchassumer and the competition which is now developing from Mexico and oreign countries.

well known that Mexico has boosted its export of agricultural commodithe United States most dramatically. By way of illustration, the followment is contained in Research Service, Fruit Situation, U.S. Department culture (June 1969): “During the first 4 months of 1969, U.S. imports of rawberries totaled nearly 36 million pounds, nearly double those of the riod last year. . . . Most come from Mexico."

ould be understandable that California farmers are most sensitive to oposal which would impose still another payroll tax upon them which a will always be at the maximum level prescribed !

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