Case: Western Colorado Fruit Growers Association, Inc. v. F. Ray Marshall, United States Secretary of Labor, Floyd Edwards, Regional Administrator of United States Department of Labor (Region VIII), United States Immigration and Naturalization Service

1:78-cv-01022 | U.S. District Court for the District of Colorado

Filed Date: Oct. 2, 1978

Clearinghouse coding complete

Case Summary

In 1978, a voluntary association of fruit growers brought suit against the Department of Labor, the Employment and Training Administrator, and the Immigration and Naturalization Service in the United States District Court for the District of Colorado to compel them to certify a shortage of domestic labor so that they could hire migrant labor for the fall harvest season in western Colorado fruit orchards. Under federal labor and immigration laws, an employer could file a clearance order with t…

In 1978, a voluntary association of fruit growers brought suit against the Department of Labor, the Employment and Training Administrator, and the Immigration and Naturalization Service in the United States District Court for the District of Colorado to compel them to certify a shortage of domestic labor so that they could hire migrant labor for the fall harvest season in western Colorado fruit orchards.

Under federal labor and immigration laws, an employer could file a clearance order with the Department of Labor, offering jobs to be filled. If the Department approved the clearance order, it would assist finding domestic employees, or if there was a labor shortage, would recruit alien labor. In this case, the growers filed clearance orders for the fall 1978 harvest, but the government did not certify that there was a shortage of domestic labor. Plaintiffs then filed suit. The defendants responded by filing a counterclaim for alleged violations of a clearance order and related regulations. The defendants sought monetary damages and injunctive relief.

The District Court denied plaintiff's motion for a TRO. After the 1978 fall harvest season passed, plaintiff's claims were moot.

Plaintiff moved to dismiss the counterclaim. The District Court (Judge Arraj) granted the motion in part and dismissed all aspects of the counterclaim, except defendants request for an injunction to prohibit plaintiff from interfering with government's administration of the clearance system. That remaining claim was set for trial. Western Colorado Fruit Growers Ass'n, Inc. v. Marshall, 473 F.Supp. 693 (D. Colo. 1979).

We have no further information on this case.

Summary Authors

Dan Dalton (11/6/2007)

People


Judge(s)

Arraj, Alfred Albert (Colorado)

Attorneys(s) for Defendant

Dolan, Joseph F. (Colorado)

Gatlin, James P. (Colorado)

McCoy, Donald R. (Colorado)

Judge(s)

Arraj, Alfred Albert (Colorado)

Attorneys(s) for Defendant

Dolan, Joseph F. (Colorado)

Gatlin, James P. (Colorado)

McCoy, Donald R. (Colorado)

Documents in the Clearinghouse

Document

1:78-cv-01022

Memorandum Opinion and Order [re: Motion to Dismiss Counterclaim]

Western Colorado Fruit Growers Association, Inc. v. Marshall

July 11, 1979

July 11, 1979

Order/Opinion

Docket

Last updated Aug. 27, 2022, 3:15 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Colorado

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Oct. 2, 1978

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Association of fruit growers seeking to compel Defendants to certify a shortage of domestic labor in order to obtain migrant labor for seasonal work.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Immigration and Naturalization Service, Federal

United States Department of Labor, Federal

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None

Source of Relief:

None

Issues

Immigration/Border:

Employer sanctions

Employment

Temporary foreign workers program