Filed Date: Oct. 2, 1978
Clearinghouse coding complete
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)
Arraj, Alfred Albert (Colorado)
Dolan, Joseph F. (Colorado)
Gatlin, James P. (Colorado)
McCoy, Donald R. (Colorado)
Arraj, Alfred Albert (Colorado)
Last updated Feb. 22, 2024, 3:21 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Colorado
Case Type(s):
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):
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.
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Issues
Immigration/Border: