the Secretary of Labor. The Representative of the Secretary of Labor shall cause an investigation to be made and if he finds that the services of the Mexican Worker are no longer required for reasons beyond the control of the Employer, the Mexican Consul shall be so notified. If the Mexican Consul is not satisfied with the finding, he shall immediately so inform the Secretary of Labor and arrange for a joint investigation and determination. The joint investigation shall be directed solely at determining whether the services of the Mexican Worker are no longer required for reasons beyond the control of the Employer. If this fact is jointly determined by the Mexican Consul and the representative of the Secretary of Labor, the Secretary of Labor may endeavor, subject to the provisions of Article 27 of this Agreement, to transfer the Mexican Worker to other agricultural employment for which domestic workers cannot reasonably be obtained. If such transfer is not effected, the Secretary of Labor shall, after notification to the Mexican Consul terminate the Contract and the Mexican Worker shall be returned to the Reception Center at the Employer's expense. In the event that no joint determination can be reached by the Mexican Consul and the Representative of the Secretary of Labor, the procedure provided in Article 30 of this Agreement shall be followed. Whenever the Work Contract is terminated under the provisions of this Article, the Employer shall be responsible for the three-fourths guarantee provided for in Article 16 for the period beginning with the day following the Mexican Worker's arrival at the place of employment and ending with the date the Contract is terminated and the Employer shall pay to the Mexican Worker all other amounts due under the Work Contract. The Work Contract will not be terminated prior to its expiration date due to the premature termination of agricultural work unless the Employer can demonstrate to the satisfaction. of the Representative of the Secretary of Labor and the Mexican Consul that he could not reasonably have anticipated the events which obviate the need for the Mexican Worker's services.

Article 26

EXTENSION OF CONTRACTS

The Work Contract may be extended for additional periods of time. Except as provided in Article 14 of this Agreement, no such extension shall be for a period of less than six weeks. No Work Contract nor any extension thereof shall remain in effect beyond the expiration date of this Agreement; and no Mexican Worker shall remain in the United States for a period exceeding one year except under the following conditions:

1. In no event shall a Mexican Worker remain in the United States for a period exceeding 18 months.

2. The number of Mexican Workers who have been in the United States for a period exceeding one year shall not exceed 10 percent of the total number of Mexican Workers employed by an Employer at any time.

3. That all Mexican Workers employed in the United States under this Agreement in excess of one year will be permitted, by mutual agreement with the Employer and with the approval of the Mexican Consul, to take a furlough of not less than 20 days, beginning on or before the date of expiration of their one-year stay in the United States. The Mexican Consul will not approve a furlough during the last 30 days of the Contract unless a sound reason exists for such furlough.

4. The extension of the Work Contract shall be executed prior to the departure of the Mexican Worker on such furlough, to be effective on the date specified in the extension.

5. The Employer in such cases shall upon the return of the Mexican Worker from such furlough reimburse the Mexican Worker for the cost of transportation and subsistence in connection with such furlough from the place of employment to the point of departure from the United States and return from the point of entry into the United States to the place of employment. 6. All such extensions shall be entered into only with the consent of the Mexican Worker, the Representative of the Secretary of Labor and the appropriate Mexican Consul.

JOINT INTERPRETATION

"Article 26 of the Migrant Labor Agreement of 1951, as Amended, is construed to mean that the number of Mexican workers employed by each employer who may remain in the United States for a period over and above 12 months but not to exceed 18 months, shall be not more than 10% of the greatest number of workers employed by the same employer on any one day of the calendar year immediately preceding the calendar year in which the contracts of such workers who have completed 12 months' employment are extended."

Article 27

TRANSFER OF MEXICAN WORKERS

a) A Mexican Worker may be transferred from the area of employment specified in the certification to another area provided that:

(1) The Worker expresses his consent;

(2) There has been a prior certification of the Secretary of Labor;

(3) The Mexican Consul having jurisdiction over the area from which the transfer is contemplated has been given notice of the intention to transfer; and

(4) The Mexican Ministry for Foreign Relations does not raise any objection pursuant to Article 8 of this Agreement within ten days after notification as required by number (3) above.

b) If the transfer of the Mexican Worker involves a change of Employer before the expiration of the work period specified in the Contract, the following additional requirements shall be met:

(1) The Mexican Worker has been employed for not less than six weeks or the Work Contract has been terminated in accordance with any applicable provision of this Agreement;

(2) The new Employer, who shall be an Employer who would be eligible to contract Mexican Workers, shall enter into a Work Contract with the Mexican Worker;

(3) Except when a transfer results from a breach of contract, whenever a Mexican Worker is transferred from one Employer to another, prior to the expiration of the work period specified in the Work Contract, the transferring Employer shall be responsible for the three-fourths guarantee provided for in Article 16 for the period beginning with the day following the Mexican Worker's arrival at the place of employment and ending with the day the Contract is terminated, and before the transfer he shall pay the Mexican Worker all sums due him, in accordance with the terms of this Agreement and the Work Contract.

(4) The Mexican Ministry for Foreign Relations does not raise any objections pursuant to Article 7 of this Agreement within ten days after notification to the appropriate Mexican Consul. If such objection is made the transfer shall be subject to the provisions of Article 7 of this Agreement.

When a Worker is transferred from one place of employment to another and the transfer does not involve a change of Employer, the three-fourths guarantee specified in Article 16 of the Agreement will be applied to the total period of employment with the same Employer.

Article 28

VERIFICATION OF PAYMENT OF AMOUNTS DUE MEXICAN WORKERS

The Mexican Consulate and the Representative of the Secretary of Labor will be given a reasonable opportunity to ascertain that the Mexican Worker has been paid all amounts due him under the Work Contract or this Agreement before the Worker is transferred pursuant to the provisions of Article 27 of this Agreement or is returned to the Reception Center upon expiration or termination of the Work Contract.

Article 29

LIMITATION ON SETTLEMENT OF CLAIMS

No negotiations shall be conducted with any Employer for the settlement of any claim filed by a Mexican Worker against such Employer unless the appropriate Mexican Consul and the Representative of the Secretary of Labor participate in such negotiations and approve the settlement of the claim.

Article 30

ENFORCEMENT PROCEDURE

Compliance with this Agreement and the Work Contract shall be enforced in accordance with the following procedure:

a) No Employer or Mexican Worker shall be held to have violated, or to be in violation of the terms of this Agreement or of the Work Contract except pursuant to the procedure provided for in this Article. Any Employer or Mexican Consul or Mexican Worker may make complaint to the Secretary of Labor as to violations of this Agreement or of the Work Contract. The Mexican Worker may make such complaint either directly or through the appropriate Mexican Consul to the Representative of the Secretary of Labor. An Employer desiring to make a complaint shall make it to the Representative of the Secretary of Labor.

b) Whenever the Representative of the Secretary of Labor, through inspections, by complaint or otherwise, receives information that either the Mexican Worker or the Employer has violated or is violating terms of this Agreement or of the Work Contract, he shall immediately make a preliminary investigation for the purpose of ascertaining the facts as to the alleged violation. If the complaint is from a Mexican Consul or Mexican Worker and the Representative of the Secretary of Labor finds from such preliminary investigation that no violation has occurred, he shall report that fact to the Mexican Consul, who within 5 days may request a joint investigation as to the alleged violation. If the Mexican Consul makes such request, a joint investigation and determination shall be made in accordance with the procedure hereinafter set forth.

c) If the Representative of the Secretary of Labor finds on preliminary investigation that a violation has occurred or is occurring and the violation is of such nature that corrective measures may be taken with respect thereto, he shall immediately bring the violation to the attention of the violating party and request that such corrective measures be taken immediately. If the violating party fails or refuses to comply with this request, the Representative of the Secretary of Labor shall immediately advise the appropriate Mexican Consul. The Mexican Consul may accept the findings of the Representative of the Secretary of Labor or, at his option, may request that a joint investigation be made with respect to the alleged violation. If the Mexican Consul so requests, the Representative of the Secretary of Labor shall promptly join him in making such investigation. If the Mexican Consul accepts the findings of the Representative of the Secretary of Labor, or as a result of the joint investigation it is jointly determined that a violation exists, and

(1) The violating party is an Employer, the Secretary of Labor may, or on request of the Mexican Consul shall, subject to the right of appeal as hereinafter provided, terminate the Work Contract

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and the Employer shall pay all of his obligations thereunder. The three-fourths guarantee provided in Article 16 of this Agreement, except as otherwise stated in this Agreement, shall apply to the full duration of the Contract, beginning with the day after the Mexican Worker's arrival at the place of employment; or

(2) The violating party is a Mexican Worker, who refuses to take corrective action, the Employer, subject to the right of appeal hereinafter provided, may, within five days after such determination. is made, terminate the Work Contract and, without cost to the Mexican Worker, return him to the appropriate Reception Center. Any such Mexican Worker shall not be entitled to three-fourths guarantee for any portion of his Work Contract and shall not be eligible for recontracting or for future contracting.

The Secretary of Labor, when his Representative and the Mexican Consul jointly determine that the nature of the violation is such as to warrant such action, may deny the violating party the right to take corrective measures.

d) All investigations and determinations by the Representative of the Secretary of Labor and the Mexican Consul, as specified in this Article, shall be completed not later than ten days after receipt by the Representative of the Secretary of Labor of the complaint or other information as to the alleged violation.

e) In any case in which the Representative of the Secretary of Labor and the Mexican Consul cannot reach a joint determination with respect to an alleged violation of this Agreement or the Work Contract they shall immediately report such fact, together with all available evidence, to the Regional Representative of the Secretary of Labor and the appropriate Mexican Consul General, respectively, who shall refer the dispute without delay to the Secretary of Labor and the Representative of the Mexican Government in Washington, respectively, and these latter officials, shall promptly review the facts and render a final determination thereon.

f) If either of the affected parties is dissatisfied with the joint determination made by the Representative of the Secretary of Labor and the Mexican Consul, or by the findings of the Representative of the Secretary of Labor in case the Mexican Consul does not participate in a joint investigation and determination as provided in paragraph b) of this Article, he may appeal from such determination provided he gives written notice of his objections to the determination within 5 days after receipt thereof by him. In the case of an Employer, such notice shall be given to the Secretary of Labor or his Representative; in the case of a Mexican Worker such notice shall be given to the Mexican Consul in whose jurisdiction he is employed.

If such appeal is taken the notice of objections together with the evidence found and determination made in accordance with paragraph b) of this Article shall be referred without delay to the Secretary of Labor and the Representative of the Mexican Government in Washington and these officials shall promptly make a final joint determination as to the alleged violation.