Case: Shoreham Cooperative Apple Producers v. Donovan

2:83-cv-00326 | U.S. District Court for the District of Vermont

Filed Date: Sept. 7, 1983

Closed Date: June 13, 1985

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Case Summary

In 1984, a coalition of apple growers filed suit in the U.S. District Court for the District of Vermont, challenging a regulation, 20 C.F.R. § 655.207(b) (1984), adopted by the U.S. Department of Labor for the determination of annual wage rate increases for temporary foreign workers under the "H-2 Program." Under the "H-2 Program," aliens were granted temporary visas to work in the United States. Workers were certified under the program upon an employer's agreement to pay both foreign and dome…

In 1984, a coalition of apple growers filed suit in the U.S. District Court for the District of Vermont, challenging a regulation, 20 C.F.R. § 655.207(b) (1984), adopted by the U.S. Department of Labor for the determination of annual wage rate increases for temporary foreign workers under the "H-2 Program." Under the "H-2 Program," aliens were granted temporary visas to work in the United States. Workers were certified under the program upon an employer's agreement to pay both foreign and domestic employees a specially computed minimum hourly wage, called the "adverse effect rate" ("AER"). Plaintiffs alleged that the Labor Department's adoption of the regulation for calculating the AER violated the Administrative Procedure Act, 5 U.S.C. §§ 701-706 (1982),

The Labor Department moved for summary judgment, contending that adoption of the regulation was within its discretion. The District Court (Judge Albert W. Coffrin) denied the motion. The Department appealed.

The Court of Appeals for the Second Circuit, (Circuit Judge Jon O. Newman) reversed and remanded with instructions. The Appeals Court held that the regulation was not arbitrary and capricious and that the District Court erred in denying the Department's motion for summary judgment. Shoreham Co-op. Apple Producers Ass'n, Inc. v. Donovan, 764 F.2d 135 (2nd Cir. 1985).

Summary Authors

Dan Dalton (10/30/2007)

People


Judge(s)

Feinberg, Wilfred (New York)

Lumbard, Joseph Edward (New York)

Newman, Jon Ormond (New York)

Attorneys(s) for Plaintiff

Fallon, Ellen Mercer (Vermont)

Langrock, Peter F. (Vermont)

Attorneys(s) for Defendant

Cook, George W.F. (Vermont)

Kimmel, Michael (District of Columbia)

Stern, Marc (District of Columbia)

Willard, Richard K. (District of Columbia)

Other Attorney(s)

Active

Judge(s)

Feinberg, Wilfred (New York)

Lumbard, Joseph Edward (New York)

Newman, Jon Ormond (New York)

Attorneys(s) for Plaintiff

Fallon, Ellen Mercer (Vermont)

Langrock, Peter F. (Vermont)

Attorneys(s) for Defendant

Cook, George W.F. (Vermont)

Kimmel, Michael (District of Columbia)

Stern, Marc (District of Columbia)

Willard, Richard K. (District of Columbia)

Other Attorney(s)

Moore, Robert N. (Maine)

Tuddenham, Edward J. (District of Columbia)

Documents in the Clearinghouse

Document

Opinion

U. S. Court of Appeals for the Second Circuit

764 F.2d 135

June 13, 1985 Order/Opinion

Docket

Last updated May 12, 2022

Docket sheet not available via the Clearinghouse.

State / Territory: Vermont

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Sept. 7, 1983

Closing Date: June 13, 1985

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Group of apple growers in New England.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Labor, Federal

U.S. Attorney General, 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

Issues

Immigration/Border:

Employment

Temporary foreign workers program