Case: Virginia Agricultural Growers Association, Inc. v. Donovan

4:83-cv-00108 | U.S. District Court for the Western District of Virginia

Filed Date: July 20, 1983

Closed Date: March 13, 1985

Clearinghouse coding complete

Case Summary

In 1983, an association of Virginia tobacco growers filed suit in the United States District Court for the Western District of Virginia, challenging the "50% rule" of the Department of Labor. Under the 50% rule, a employer who filed a temporary labor certification in order to hire foreign migrant workers, assured that it would provide employment to any qualified U.S. worker who applied during the first half (50%) of the contract period under which foreign workers were hired. The tobacco grower…

In 1983, an association of Virginia tobacco growers filed suit in the United States District Court for the Western District of Virginia, challenging the "50% rule" of the Department of Labor. Under the 50% rule, a employer who filed a temporary labor certification in order to hire foreign migrant workers, assured that it would provide employment to any qualified U.S. worker who applied during the first half (50%) of the contract period under which foreign workers were hired. The tobacco growers maintained that the 50% rule was an unreasonable regulation, was arbitrary and capricious, and was contrary to the purposes of the Immigration and Nationality Act.

The District Court (Judge Kiser) upheld the 50% rule, finding that it was within the Department of Labor's statutory authority. Virginia Agr. Growers Ass'n, Inc. v. Donovan, 579 F.Supp. 768 (W.D.Va. 1984). The Court of Appeals affirmed. Virginia Agr. Growers Ass'n, Inc. v. U.S. Dept. of Labor, 756 F.2d 1025 (4th Cir. 1985).

Summary Authors

Dan Dalton (12/10/2007)

Related Cases

Virginia Agricultural Growers Association, Inc. v. Donovan, Western District of Virginia (1983)

People


Judge(s)

Chapman, Robert Foster (South Carolina)

Kiser, Jackson L. (Virginia)

Knapp, Dennis Raymond (West Virginia)

Winter, Harrison Lee (Maryland)

Attorneys(s) for Plaintiff

Johnston, William A. (Virginia)

Karalekas, S. Steven (District of Columbia)

Kletzkin, Morris (District of Columbia)

Misler, Albert D. (District of Columbia)

Thompson, W. Carrington (Virginia)

Attorneys(s) for Defendant

Alderman, John P. (Virginia)

Judge(s)

Chapman, Robert Foster (South Carolina)

Kiser, Jackson L. (Virginia)

Knapp, Dennis Raymond (West Virginia)

Winter, Harrison Lee (Maryland)

Attorneys(s) for Plaintiff

Johnston, William A. (Virginia)

Karalekas, S. Steven (District of Columbia)

Kletzkin, Morris (District of Columbia)

Misler, Albert D. (District of Columbia)

Thompson, W. Carrington (Virginia)

Attorneys(s) for Defendant

Alderman, John P. (Virginia)

Damus, Robert G. (District of Columbia)

Goldberg, Arthur Joseph (District of Columbia)

King, Thomas R. (Virginia)

Other Attorney(s)

Barry, Robert J. (Virginia)

Hurwitz, Chester A. (District of Columbia)

Moore, Robert N. (Virginia)

Russell, Donald Stuart (South Carolina)

Tuddenham, Edward J. (District of Columbia)

Wiley, Dale M. (Virginia)

Willis, Robert (North Carolina)

Documents in the Clearinghouse

Document

Memorandum Opinion

579 F.Supp. 768

Jan. 27, 1984 Order/Opinion

Memorandum Opinion

597 F.Supp. 45

Aug. 22, 1984 Order/Opinion

Opinion

Virginia Agricultural Growers Association, Inc. v. U.S. Department of Labor

U. S. Court of Appeals for the Fourth Circuit

756 F.2d 1025

March 13, 1985 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Virginia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 20, 1983

Closing Date: March 13, 1985

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Virginia Agricultural Growers Association (group of tobacco growers)

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Immigration/Border:

Employment

Temporary foreign workers program