471 F.2d 235 (5th Cir. 1973), 72-2441, Hodgson v. Griffin & Brand of McAllen, Inc.

Docket Nº:72-2441 [*]
Citation:471 F.2d 235
Party Name:James D. HODGSON, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. GRIFFIN AND BRAND OF McALLEN, INC., Defendant-Appellant.
Case Date:January 04, 1973
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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Page 235

471 F.2d 235 (5th Cir. 1973)

James D. HODGSON, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee,

v.

GRIFFIN AND BRAND OF McALLEN, INC., Defendant-Appellant.

No. 72-2441 [*]

United States Court of Appeals, Fifth Circuit.

January 4, 1973

H. Hollis Rankin, III, H. H. Rankin, Jr., McAllen, Tex., for defendant-appellant.

Richard F. Schubert, Sol., U. S. Dept. of Labor, Washington, D. C., M. J. Parmenter, Regional Sol., U. S. Dept. of Labor, Dallas, Tex., Truett Bean, Carin Ann Clauss, Donald S. Shire, Attys., U. S. Dept. of Labor, Washington, D. C., for plaintiff-appellee.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.

THORNBERRY, Circuit Judge:

The Secretary of Labor brought this suit under 29 U.S.C.A. § 217 to enjoin Griffin and Brand of McAllen, Inc. from violating the minimum wage, record keeping, and child labor provisions of the Fair Labor Standards Act, 29 U.S. C.A. § 201 et seq. The district court after trial without a jury found that Griffin and Brand had violated the Act and issued an appropriate injunction. Griffin and Brand appeals and we affirm.

Page 236

The district court described appellant's method of doing business and relationship to the harvest workers in part as follows:

"Defendant Griffin and Brand of McAllen, Inc. is engaged in the cultivation, harvesting, handling, packaging and marketing of fruit and vegetables in various counties of South Texas, including Hidalgo County. Defendant owns and operates a large fruit and vegetable warehouse and packing establishment in McAllen, Texas, and conducts farming operations. There is no question, and defendant admits, that the farm produce handled bye defendant is transported, offered for sale, and shipped in interstate commerce.

"Defendant Griffin and Brand engages in harvesting operations for onions, carrots, tomatoes, peppers and other crops. An efficient harvest naturally necessitates a great amount of manual labor, and the required labor force is drawn in large measure from both resident and migrant Mexican-American farm workers. Griffin and Brand, as do all others similarly engaged, obtains the services of these farm workers by dealing with so-called 'crew leaders.' 'Crew leaders' are aware of various locations at which these workers congregate or reside, and hence are able to secure them in substantial numbers on short notice. After a 'crew leader' contacts the laborers, he then transports them to the work site. A 'crew leader' usually only furnishes his truck or trucks, and he uses his truck or trucks not only to take the farm hands to the fields and back to their homes, but also uses the same to haul the harvest from the field to the shed.

"Griffin and Brand secures its necessary labor as follows: 'Crew leaders' in search of jobs contact an agent of Griffin...

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