Case: Production Farm Management v. Brock

2:84-cv-00143 | U.S. District Court for the District of Arizona

Filed Date: Jan. 27, 1984

Closed Date: 1985

Clearinghouse coding complete

Case Summary

In 1983, Production Farm Management, an Arizona company that grew and harvested citrus fruit in Maricopa County, Arizona, brought suit in the U.S. District Court for Arizona, challenging the Department of Labor's promulgation of its adverse effect wage rate (AEWR) for Arizona covering the minimum hourly wage payable by agricultural companies employing nonimmigrant aliens (H-2 workers) admitted to work temporarily in the United States. The AEWR was set so that the hiring of those temporary farm…

In 1983, Production Farm Management, an Arizona company that grew and harvested citrus fruit in Maricopa County, Arizona, brought suit in the U.S. District Court for Arizona, challenging the Department of Labor's promulgation of its adverse effect wage rate (AEWR) for Arizona covering the minimum hourly wage payable by agricultural companies employing nonimmigrant aliens (H-2 workers) admitted to work temporarily in the United States. The AEWR was set so that the hiring of those temporary farm workers did not adversely impact the wage rates for other farm workers in the U.S. The Labor Department determined that the AEWR should be set at $ 3.67. That figure was higher than Production Farm Management was willing to pay, so it filed suit to enjoin the Labor Department from applying the $3.67 AEWR in Arizona.

The Labor Department moved for summary judgment arguing that setting the AEWR was a reasonable use of its rulemaking authority. Plaintiff filed a cross-motion for summary judgment. The District Court (Judge Muecke) initially entered judgment in favor of the government, but then set the judgment aside and ruled for plaintiff. After it obtaining additional briefing and further argument from the parties, the Court reversed itself again, and entered judgment for the government. The plaintiff appealed.

The Ninth Circuit Court of Appeals (Circuit Judge Ferguson) affirmed. Production Farm Management v. Brock, 767 F.2d 1368 (9th Cir. 1985).

Summary Authors

Dan Dalton (10/25/2007)

People


Judge(s)

Ferguson, Warren John (California)

Norris, Donald G. (California)

Wiggins, Charles Edward (California)

Attorneys(s) for Plaintiff

Crowe, Thomas N. (Arizona)

Attorneys(s) for Defendant

Stern, Marc (District of Columbia)

Judge(s)

Ferguson, Warren John (California)

Norris, Donald G. (California)

Wiggins, Charles Edward (California)

Attorneys(s) for Plaintiff

Crowe, Thomas N. (Arizona)

Attorneys(s) for Defendant

Stern, Marc (District of Columbia)

Documents in the Clearinghouse

Document

84-02734

[Circuit Opinion]

U. S. Court of Appeals for the Ninth Circuit

767 F.2d 1368

Aug. 8, 1985

Aug. 8, 1985

Order/Opinion

Resources

Docket

Last updated Aug. 11, 2022, 3:06 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Arizona

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Jan. 27, 1984

Closing Date: 1985

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An Arizona citrus producer who employed non-immigrant aliens as workers, alleging that the Department of Labor abused its discretion by raising the minimum wage for temporary workers.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of Labor, Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

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

Order Duration: 1985 - 0

Issues

Immigration/Border:

Employment

Temporary foreign workers program