Filed Date: Sept. 7, 1983
Closed Date: June 13, 1985
Clearinghouse coding complete
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)
Feinberg, Wilfred (New York)
Fallon, Ellen Mercer (Vermont)
Langrock, Peter F. (Vermont)
Cook, George W.F. (Vermont)
Kimmel, Michael (District of Columbia)
Feinberg, Wilfred (New York)
Lumbard, Joseph Edward (New York)
Newman, Jon Ormond (New York)
Last updated Feb. 18, 2024, 3:09 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Vermont
Case Type(s):
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):
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.
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Immigration/Border: