811.504 Mexico/12–1144
The Secretary of State to the Ambassador in Mexico (Messersmith)
Sir: Reference is made to the Department’s instruction no. 6524 of November 6, 194444 and to previous communications regarding the question of securing 25,000 forge, foundry, tire, and other heavy industry workers in Mexico. In the instruction under reference it was stated that the Embassy was authorized to inform the Mexican Government that no recruiting could be done for the time being under the approval given by the Mexican Government, but that it was hoped that these workers would be made available at a later date if plans for their use were satisfactorily concluded.
The War Manpower Commission has taken up this question informally with the Department on several occasions during the past month and has stated that it was studying requests for Mexican workers by the industries listed, but that it was encountering difficulties in reaching agreement with prospective employers because it had no approved contract setting forth the terms under which Mexican workers could be employed. Under date of November 30, 1944, the Commission has submitted a draft contract of employment and transportation,44 which it believes appropriate for employment in the heavy industries involved, and the Commission requests that copies thereof be forwarded to the Embassy for presentation to representatives of the Mexican Government. In submitting this contract, the Commission states, “We believe that the contract is within the framework of the Agreement of April 29, 1943 and also in compliance with the requirements of Public Law 373, 78th Congress.45 In any instance that this contract is at variance with the Agreement of April 29, 1943 and any interpretations thereof, the provisions and terms of the contract must be used as the basis for any discussions with interested parties.”
It will be noted that this contract is trilateral and that it is designed to replace both the individual work agreement and the contract between the employer and the War Manpower Commission, which are used in the case of railroad workers under the agreement of April 29, 1943. The Department is of the opinion that the use of two contracts would be simpler but perceives no basic objection to the trilateral form submitted. The Department has noted that one condition in which this contract is at variance with the terms of the agreement of April 29, 1943 is that regarding the termination of employment, Section V–A, which would permit the War Manpower Commission to terminate the employment of a worker at any time for circumstances arising out of [Page 1335] the course of the war or because domestic labor has become and will continue to be available for replacement. The War Manpower Commission has been informally advised that while there is no objection to proposing this condition to the Mexican Government, it is the opinion of the Department that the Mexican Government probably will not find it acceptable.
You are requested, in your discretion, to discuss this contract informally with the appropriate officials of the Mexican Government with a view to determining whether it would be acceptable to their Government. Any counterproposal should be submitted to the Department for the information and consideration of the War Manpower Commission. It is considered desirable for the Mexico City representative of the War Manpower Commission to participate in any discussions held on the subject.
The Department has of course reminded the War Manpower Commission that these workers may no longer be available since this Government was not able to give a definite reply to the Mexican Government in regard to the time of their recruiting when that Government in the month of October requested a categorical statement on the subject. The War Manpower Commission recognizes this possibility, but hopes that every effort will be made to make workers available although it is now clear, according to representatives of the Commission, that the number needed will fall far short of 25,000. It is the Department’s understanding that fairly firm orders exist for approximately 1,000 workers at this time. The demand is expected to be larger if the proposed contract can be made available for negotiation between the War Manpower Commission and prospective employers.
Very truly yours,