361 F.Supp. 1339 (N.D.Ill. 1973), 72 C 1100, First Girl, Inc. v. Regional Manpower Adm'r of United States Dept. of Labor

Docket Nº:72 C 1100.
Citation:361 F.Supp. 1339
Party Name:FIRST GIRL, INC., Plaintiff, v. REGIONAL MANPOWER ADMINISTRATOR OF the UNITED STATES DEPARTMENT OF LABOR, Defendant.
Case Date:June 28, 1973
Court:United States District Courts, 7th Circuit, Northern District of Illinois
 
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Page 1339

361 F.Supp. 1339 (N.D.Ill. 1973)

FIRST GIRL, INC., Plaintiff,

v.

REGIONAL MANPOWER ADMINISTRATOR OF the UNITED STATES DEPARTMENT OF LABOR, Defendant.

No. 72 C 1100.

United States District Court, N.D. Illinois, Eastern Division.

June 28, 1973

Samuel D. Meyers, of Freedman, Freedman & Myers, Chicago, Ill., for plaintiff.

James C. Murray, Chicago, Ill., for James R. Thompson, U. S. Atty., N. D. Ill., Chicago, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

BAUER, District Judge.

This cause comes on cross motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. This is an action seeking a declaratory judgment pursuant to 28 U.S.C. § 2201 and review pursuant to the Administrative Procedure Act, 5 U.S.C. § 704, of defendant's denial of employment certification to certain alien stenographers who sought entry to the United States. Plaintiff, an Illinois corporation engaged in placing secretaries in various business offices on a temporary basis, proposes to

Page 1340

bring the aforesaid aliens to the United States as its full-time employees and to use them in fulfilling its "numerous contract commitments" for temporary workers.

In March of 1971 plaintiff applied for employment certification for and on behalf of three British stenographers: Carol Ann Ford, Christine Julie Austin, and Hazel Gillian Powell. Both the applications and the subsequent request for reconsideration thereof were denied by the Regional Manpower Administrator on the grounds (1) that there was no shortage of applicants for secretarial employment whose skills met plaintiff's requirements and (2) that plaintiff did not provide for its employees fringe benefits comparable to those enjoyed by most secretaries in this employment area.

The statutory basis for the denials is 8 U.S.C. § 1182(a)(14), which provides:

"(a) Except as otherwise provided in this chapter, the following classes of aliens shall be ineligible to receive visas and shall be excluded from admission into the United States:

* * *

* * *

(14) Aliens seeking to enter the United States, for the purpose of performing skilled or unskilled labor, unless the Secretary of Labor has determined and certified to the Secretary of State and to the Attorney General that (A) there are not sufficient workers in the United States who are able, willing, qualified, and available at the...

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