ILWU EXHIBIT 23

Source: ILWU Questionnaires, Hawaii, July 1945.

ILWU EXHIBIT 24

Comparison of average hourly wage rates cane-sugar milling industry of Hawaii, as reported in survey of United States Bureau of Labor Statistics and hourly wage rate, comparable classifications, refining Hawaiian sugar, San Francisco

Source: Hawaii rates:-Wage survey of U. S. Bureau of Labor Statistics dated Nov. 30, 1944, issued to Territorial War Labor Board June 11, 1945, covering 19 sugar mills in the Territory of Hawaii. San Francisco rates: Contract between Warehousemen's Union, ILWU Local 6, and Western Sugar Refinery, San Francisco.

ILWU EXHIBIT 25

Comparison of average hourly wage rates, Hawaiian cane sugar mills and hourly classification rates of Western Sugar Refinery, San Francisco 1

1 It is estimated that 10 percent of Hawaiian sugar (97 percent of which is refined on the mainland) is refined by Western Sugar Refinery, San Francisco. An estimated 60 percent is refined by California and Hawaiian Sugar Refinery at Crockett, Calif., owned and operated jointly by a combine of Hawaiian sugar interests. Similar rates prevail at Crockett, Calif.

2 Based on questionnaire distributed to 10,000 employees of sugar mills in Hawaii, 5,053 usable returns to which were received.

* Excluding supervisor rates.

Source: ILWU questionnaires and contract between warehousemen's union, ILWU Local 6 and Western Sugar Refinery, San Francisco.

ILWU EXнibit 26

Comparison of average hourly wage rates, cane sugar milling industry of Hawaii, as reported in survey of United States Bureau of Labor Statistics, and hourly wage rates, comparable classifications refining Hawaiian sugar, Crockett, Calif.

Source: Hawaii rates: Wage survey of U. S. Bureau of Labor Statistics dated Nov. 30, 1944, issued to
Territorial War Labor Board June 11, 1945, covering 19 sugar mills in the Territory of Hawaii.
Crockett rates: Contract between Warehousemen's Union, ILWU Local 6 and California & Hawaiian
Sugar Refining Co., Crockett, Calif.; and contract between company and AFL production union.

ILWU EXHIBIT 27

EXCERPTS FROM DECISION OF NATIONAL LABOR RELATIONS BOARD, JANUARY 1945, RELATIVE TO DEFINITION OF “AGRICULTURAL LABOR," HAWAIIAN SUGAR INDUSTRY (CASE NOS. 23-R-14, 16, 17, 19, 23, 27, 28, 32, 33, 34, 35)

(a) Activities admittedly agricultural.-These include the preparation of the land for planting, planting, cultivating, fertilizing, irrigating, and harvesting of sugarcane.

(b) Transportation.-Harvested cane is transported from the fields to the processing mill by (1) permanent railroads which run from the edge of the cane fields to the processing mill yard, (2) permanent flumes through which swiftly flowing water floats the cane to the processing plant, (3) motortrucks used to haul the cut cane directly to the processing mill, to the main railroad lines, or to the main flume. Portable flumes and portable tracks laid in the fields during harvesttime are in some cases employed to haul the cane from the fields to the main railroad or flume.

(c) Processing mill.-The cut cane is transported to the processing plant yard where it is unloaded, weighed when necessary, and then carried on mechanical conveyors to a large barnlike building where take place the various steps in the conversion of sugarcane into raw sugar. As the cane is carried along the mechanical conveyor it passes under a series of flailing knives which chop the stalks into a coarse shredded mass which then passes through a crusher and a series of rollers to press the juice from the cane. This juice is clarified by mixing it with a solution of milk of lime and heating it to the boiling point to arrest fermentation; it is then piped to settling tanks where clear juice is drawn off. Excess water is driven off by boiling, and the sirup obtained is then further boiled under high vacuum until a product called massecuite which consists of crystallized sugar and molasses is secured. After more boiling, the massecuite is run into centrifugal machines where the molasses is flung off, leaving hard, dry, sugar crystals-raw sugar, which is then conveyed to bins and there bagged, weighed, and transported to a warehouse for ultimate loading onto trucks or railroad cars. (d) Repair, maintenance, and new construction.-Each plantation has extensive repair facilities for keeping in condition buildings, agricultural and other machinery, transportation equipment, and roads. Crews are also engaged either full or part time in constructing new roads, buildings, equipment, and facilities throughout the plantation. On each plantation there is a steam-generating plant to supply energy to drive plant machinery, to turn electric generators, and to furnish heat for boiling and evaporating cane juice.

1 At the present time about the only new construction carried out is in connection with road building.

(e) Miscellaneous facilities.-The typical plantation has a general office where a staff of office employees keeps the accounts, makes up the pay rolls, and handles general administrative work; a personnel department; company stores where general merchandise is sold; and a medical department employing a full- or parttime doctor and one or more nurses. The companies also maintain camps where their employees live. To keep these camps in condition, they employ camp cleaners who cut and mow lawns, collect and dispose of garbage, trap rodents and in general attend to the appearance and sanitation of the camps. Two of the plantations also have small dairy ranches from which they sell dairy products and meat to their employees. Boarding houses, cafeterias, and coffee shops are operated by the plantations in some cases."

Section 2 (3) of the act provides that the term "employee' shall not include any individual employed as an "agricultural laborer." The companies contend, in effect, that they are engaged in agricultural enterprises and that, therefore, all of their employees, those engaged in transportation, in the processing mill, in repair, maintenance, and construction activities, as well as those engaged in planting, cultivating, and harvesting are agricultural laborers and hence exempted from coverage of the act. The CIO, on the other hand, maintains that the term "agricultural laborer" covers only those employees engaged in field work, including those who load the harvested cane onto the initial means of transportating the cane from the fields to the processing mill. All other employees, it asserts, are covered by and entitled to the protection of the act.

Although the term “agricultural laborer" is not defined in the act, its meaning is not obscure. The guidepost is the ordinary meaning of the phrase, that stemming from common usage and common understanding. The term “agricultural laborer," as commonly understood, refers to a person employed on a farm in the cultivation of the soil, including the harvesting of crops and the rearing and management of livestock. Only confusion results from an extension of the meaning of the phrase “agricultural laborer" beyond its customary sense. If the companies' argument were accepted, some anomolous conclusions would result: e. g., locomotive engineers, conductors, brakemen, engine oilers, machinists, welders, bricklayers, service-station attendants, toolroom attendants, and stockroom clerks employed by the companies would perforce become agricultural laborers. There is nothing in the act itself or in the congressional reports and debates preceding its enactment to indicate that Congress in excluding agricultural laborers from coverage of the act intended so broad an interpretation. The exclusions listed in section 2 (3) of the act are occupational exclusions determined by the nature of the work performed by the employee on a farm. The test is not whether the various activities are considered part of a single enterprise and controlled by the same management, or whether the employee is engaged in handling products grown on a farm, but the essential character of the work performed by the individual employee. Thus, the Board has held that employees engaged in sorting and packing fresh fruits and vegetables whether in the packing shed of a dealer, a cooperative marketing association, or of the grower himself; machine-shop employees on a hop ranch, engaged in repairing various types of agricultural and ranching equipment and in constructing hop-picking machines; employees in the processing plant of a company engaged in growing, purchasing, processing, and selling plant seeds; bottlers in the dairy of a large dairy ranch; sorters employed by dealers to sort potatoes in the dealers' warehouses and in the cellars of growers notwithstanding the fact that the farmer

6

7

The job titles of some of the employees engaged in transportation, processing, repair, maintenance, and construction activities include the folowing: Locomotive engineer, conductor, brakeman, locomotive fireman, yard engineer, yard brakeman, truck driver, strainer tender, mill tender, engine tender, engine oiler, fireman, ashman, centrifugal tender, sugar loader, night watchman, machinist, mechanic, welder, bricklayer, blacksmith, painter, carpenter, service-station attendant, battery man, tire man, stockroom clerk, toolroom attendant, garbage truck driver, rat catcher, sales clerk, road-construction man, power-shovel operator, and dump-truck driver.

3 North Whittier Heights Citrus Association v. N. L. R. B. (109 F. (2d) 76, 80 (C. C. A. 9)) enf'g Matter of North Whittier Heights Citrus Association (10 N. L. R. B. 1269). 4 Matter of Saticoy Lemon Association (41 N. L. R. B. 243); Matter of Stark Brothers Nurseries and Orchards Company (40 N. L. R. B. 1243).

Matter of North Whittier Heights Citrus Association, supra; Matter of John W. Campbell, Inc. (58 N. L. R. B., No. 216); Matter of Antonio Tomasello (46 N. L. R. B. 375); Matter of Grower-Shipper Vegetable Association of Central California (43 N. L. R. B. 1389); Matter of Jameson Company (25 N. L. R. B. 64); Matter of George G. Averill, et al. (13 N. L. R. B. 411); Matter of American Fruit Growers, Inc. (10 N. L. R. B. 316). Matter of F. Clement Horst Company (23 N. L. R. B. 1193).

Matter of Newday Seeds, Inc. (55 N. L. R. B. 1049).

8 Matter of Hind-Clarke Dairy (58 N. L. R. B., No. 17)

9

grower reimbursed the dealer for the wages paid the sorters, are not agricultural laborers. And in two proceedings involving a corporation engaged in the cultivation of sugarcane, the transportation thereof to processing mills, the milling of sugarcane, the refining of raw sugar, and the processing of various byproducts, the Board found appropriate a production and maintenance unit at one of its processing plants, including sugar boilers, ground and yard employees, employees on a narrow-gage railroad used in the harvest season to transport cane from the company's fields to the processing mill, electric-truck operators, longshoremen, etc., but excluding agricultural employees, among others. All of the foregoing employees, though working on a farm or in close connection with farming operations and performing tasks which in a simpler state of agricultural economy were performed by the farmer himself or his hired hand, the Board found, had by the process of specialization lost their character as agricultural laborers and had become primarily industrial workers."

99 12

10

We are not unmindful of the fact that a somewhat broader definition of the term "agricultural laborer" than indicated has sometimes been given by the courts and administrative agencies in construing other statutes. But as pointed out by the court in the North Whittier case, such other definitions "have grown out of special statutory phraseology or out of judicial effort to conform to legislative intent." On the other hand, in a series of cases requiring the interpretation of the exemption granted to employees “employed in agriculture" under the Fair Labor Standards Act of 1938 (29 U. S. C. sec. 213), the Circuit Court of Appeals for the First Circuit has held that employees on sugar plantations in Puerto Rico engaged in sugar-processing mills, in the operation of transportation facilities, and in the repair and maintenance of transportation and mill equipment were not “employed in agriculture"; only those employees engaged in planting, cultivating, and harvesting of sugarcane were held to be exempt under the act in Calaf v. Gonzalez," the Court used very pertinent language in disposing of contentions similar to those raised in the instant proceedings: "The mere fact that in this case the owners of the farms are also the owners of the mills and the transportation facilities does not make transportation an incident to farming. The issue, therefore, is not whether the same owners manage and control the mill, the farms, and the transportation system, but rather whether transportation is incident to farming or incident to milling, an operation specifically within the purview of the act." It should be noted that the Court arrived at this conclusion despite the extremely broad definition of "agriculture" contained in the Fair Labor Standards Act.15

13

We find that only the employees of the companies engaged in the following operations are agricultural laborers within the meaning of section 2 (3) of the act:

(1) Preparation of the land for plainting, planting, cultivating, fertilizing, irrigating, harvesting, including the loading by hand or by crane of the cut cane onto the initial means of transporting the cane from the fields, and the care of animals.16

(2) On the dairy ranch of the Hutchinson Sugar Plantation: Milkers, cowboys, man i ncharge of calving cows, calves and bulls, but not the milk-room attendant or milk delivery man."

(3) On the dairy ranch of the Hawaiian Agricultural Co.: Milkers, cowboys, horse breaker, pigman, lantana man, but not the delivery boy or the bottle washer.18

9 Matter of Idaho Potato Growers, Inc. (48 N. L. R. B. 1084), enf'd Idaho Potato Growers, Inc. v. N. L. R. B. (144F. (2d) 295 (C. C. A. 9)) cert. denied November 6, 1944; Matter of J. H. Simplot, et al. (55 N. L. R. B. 1228).

10 Matter of Godchaux Sugars, Inc. (26 N. L. R. B. 33 and 36 N. L. R. B. 926). 11 Idaho Potato Growers, Inc. v. N. L. R. B., supra.

12 North Whittier Heights Citrus Association v. N. L. R. B. (109 F. (2d) 76, 79 (C. C. A. 9)).

13 Bowie v. Gonzalez (117 F. (2d) 11, 19); Gonzalez v. Bowie (123 F. (2d) 387); Calaf v. Gonzalez (127 F. (2) 934).

14 Footnote 14, supra, at p. 937.

*

15 Section 203 defines that term to include farming in all its branches including "any practices performed by a farmer or on a farm as and incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market."

16 This classification corresponds generally with the different methods of compensating field workers and other employees used by the companies. The former are paid on a shortterm contract or long-term contract basis with the amount of their earnings determined either by the volume of work performed or the yield of cane from the fields on which they work for other employees hourly, daily, or monthly payment systems are used. 17 Matter of Hind-Clarke Dairy (58 N. L. R. B., No. 17).

18 See footnote 18, supra.