811.504 Mexico/368
The Secretary of State to
the Ambassador in Mexico (Messersmith)
No. 5518
Washington, April 1,
1944.
Sir: Reference is made to your despatch no.
14,248 of November 16, 1943 and to your telegram no. 469 of March 27,
1944,1
concerning the special joint commission established by the Government of
the United States and the Government of Mexico for the clarification, in
regard to railroad workers, of the non-agricultural workers agreement of
April 29, 1943.
The work of the commission has now been completed, and the
recommendations of the four commissioners have been submitted as a joint
report dated March 9, 1944, which was signed on March 23, 1944 in this
capital, after approval by both Governments. There are enclosed for your
information two signed copies of the report, one in English and one in
Spanish. The four commissioners, Messrs. Luis Padilla Nervo and Manuel
Aguilar for Mexico, and Robert L. Clark and William G. MacLean for the
United States, have further recommended that the provisions of the
report be made effective by exchanges of notes between the two
Governments on April 8, 1944.
In conformance with this agreement, you are authorized to exchange two
notes, as explained below, with the Mexican Foreign Office on April 8,
1944 to make effective the recommendations contained in the commission’s
report. One exchange of notes should incorporate the first three pages
of the report in English as transmitted herewith, and the other exchange
should be to place on record the clarifications set forth in the last
three pages of the English text under reference. Under instructions from
the War Manpower Commission, that agency’s representative on this
special commission requested that the exceptions or clarifications
forming the last part of the report be the subject of a separate note,
and Mr. Padilla Nervo likewise expressed a desire to have this part of
the report in a separate note. For your information, the reason for this
request for two notes is that the War Manpower Commission and apparently
the Mexican Labor Department at the present time desire to have no
publicity given to these clarifications or exceptions. The War Manpower
Commission also prefers that no publicity be given to the first exchange
of notes although it understands that the Mexican Government will of
course have need to make an announcement thereof sooner or later in
reference to the distribution among the workers affected of the fund
involved.
When this exchange of notes has been completed, please inform the
Department by telegram, and, in due course, please provide the
[Page 1308]
Department with copies
thereof for its files and for transmission to the War Manpower
Commission.2
Very truly yours,
For the Secretary of State:
Dean Acheson
[Enclosure]
Report of the Joint Mexican-United States
Commission on Mexican Railroad Workers in the United States
Under the Agreement of April 29, 1943
The commissioners representing the Republic of Mexico and the United
States of America recognize that with respect to the employment of
Mexican nationals on the railroads of the United States under the
agreement between the two Governments dated April 29, 1943, both the
Republic of Mexico and the United States have acted in consistent
good faith. Notwithstanding, certain differences in the
interpretation of the agreement have arisen. In the course of the
conversations which have been held by the commissioners, under
instructions from their respective Governments, a careful
examination has been made of the agreement itself and of all
pertinent subsidiary documents. Visits have been made to the places
of employment of Mexican and domestic workers in the State of
California, where conditions which would illustrate the
misunderstandings at issue were carefully investigated by direct
observation and by interrogation of workers and supervising
officials. Following this examination of all the facts having a
bearing on the case, the commissioners, in accordance with
instructions from their respective Governments, proceeded to seek a
definition of the term “place of employment”, as used in section
III–B–1 of the agreement, and to consider a settlement of the
misunderstandings which had arisen in the application of the
agreement.
This work having been completed, the members of the commission
present to their respective Governments the following joint
resolution in regard thereto:
“With respect only to those non-agricultural Mexican workers
contracted by the Government of the United States of America
through the War Manpower Commission, in accordance with the
agreement dated April 29, 1943, and who work with certain
railroad corporations, it is understood that ‘place or
region of employment’ is the zone corresponding to the
railroad district generally known in the United States of
America as a ‘roadmaster’s district’, with such limits as
are already established for each roadmaster’s district by
the railroad corporation having jurisdiction over the
same.
[Page 1309]
“In the case of those railroads which do not administer
maintenance of way by roadmaster’s districts, it shall be
understood that the ‘place of employment’ shall be the
already established district under the authority of that
supervisory official having comparable administrative
jurisdiction over comparable territory.
“In respect to the claim of the Mexican Government against
the United States Government under section III–B–1 of the
agreement of April 29, 1943, it is agreed that such claim
shall be satisfied by payment by the Government of the
United States of America to the Government of Mexico of the
sum of $300,000. It is understood that the payment of the
sum herein mentioned is accepted by the Government of Mexico
as a complete and final settlement of all claims against the
Government of the United States under section III–B–1 of the
agreement of April 29, 1943 up to and including the date on
which this agreement is made effective by an exchange of
notes between the two Governments.”
In examining possible applications of the above agreed-to definition
of the “place of employment”, the American members of the Commission
have pointed out the possibility of conflict between section III–B–1
of the agreement of April 29, 1943 as herein defined and certain
laws and labor practices in the railroad industry which are beyond
the control of employers or the administrative officers of the
United States Government. In view of this fact they have been
instructed by their Government to state the necessity of placing on
record by a simultaneous exchange of notes a clarification of the
proposed agreement to the effect that the following circumstances
shall not be considered violations of the agreement as interpreted:
- 1.
- The existence of wage differentials arising from the
so-called “step rate” increases paid as a bonus for
continuity and seniority of employment since these increases
are equally applicable to Mexican nationals when they have
established such seniority.
- 2.
- The existence of wage differentials known as “tunnel
rates” paid for peculiarly hazardous or arduous work. These
differentials, it is understood, shall be equally applicable
to Mexican workers who accept such work.
- 3.
- The temporary emergency use of workers of other rates of
pay following an unforeseeable and uncontrollable act of
nature which disrupts or threatens to disrupt essential
traffic, provided the workers brought in are not paid for
this emergency work more than their usual rates of pay for
their regular employment. This exemption shall be effective
only until traffic is reestablished but in no case for more
than ten days.
- 4.
- Differentials in wages within the same roadmaster’s
district resulting from wage rates established under the
Railway Labor Act and frozen by the Wage Stabilization Act,
and which are part of the major wage structure of the
industry as laid down by the first-mentioned Act, provided
that official copies of the maps of these districts are
immediately placed on record with the Mexican Government. It
is understood that any benefits under these Acts shall also
be enjoyed by Mexican workers.
- 5.
- Incidental operations within the place of employment not
connected with the railroad operation or maintenance by
persons who are neither directly nor indirectly in the
employ of the railroads.
At the request of the Mexican members of the commission it was agreed
to request the Government of the United States to take action
through appropriate channels to expedite the assignment of properly
qualified Mexican nationals, in the United States under the
agreement, to other types of railroad employment which require
greater skill than track maintenance and which are more highly
paid.
The Commissioners of Mexico and of the United States of America sign
this Joint Resolution, after approval by their respective
Governments, in the city of Washington, District of Columbia, on
March 23, 1944.
Luis Padilla Nervo
Commissioner of Mexico
Manuel Aguilar
Commissioner of Mexico
Robert L. Clark
Commissioner of the United States
William G. MacLean
Commissioner of the United States
