632 F.2d 365 (4th Cir. 1980), 79-1349, Com. of Puerto Rico ex rel. Quiros v. Alfred L. Snapp & Sons, Inc.
|Citation:||632 F.2d 365|
|Party Name:||The COMMONWEALTH OF PUERTO RICO on the Relation of Carlos S. QUIROS, Secretary, Department of Labor and Human Resources, Appellants, v. ALFRED L. SNAPP & SONS, INC.; Alfred L. Snapp, Sr., Chief Officer; John T. Watt& Son, a corporation d/b/a Timber Ridge Fruit Farm; John T. Watt, Jr., Manager; Orchard Management Co., Inc.; Harry F. Byrd, III, Presi|
|Case Date:||October 09, 1980|
|Court:||United States Courts of Appeals, Court of Appeals for the Fourth Circuit|
Argued April 8, 1980.
[Copyrighted Material Omitted]
Paul A. Lenzini, Washington, D. C. (Luis Guinot, Charles S. Fax, Lynda R. Troutman, Washington, D. C., on brief) for appellant.
S. Steven Karalekas, Arlington, Va. (Thomas J. Bacas, Charles, Karalekas & Bacas, Washington, D.C., William A. Johnson, Harrison & Johnston, Winchester, Va., on brief), for appellees.
Before BUTZNER, HALL and SPROUSE, Circuit Judges.
SPROUSE, Circuit Judge:
This is an appeal by the Commonwealth of Puerto Rico 1 from an order of the district court dismissing its complaint against a number of apple growers in the State of Virginia. The district court held that Puerto Rico lacks standing under the doctrine of parens patriae to maintain this action.
There are fifty-two defendants, all engaged in the business of growing apples in Virginia (the Growers). The complaint alleged that the Growers violated laws of the United States which prefer domestic laborers (citizens of the United States) over foreign temporary laborers. It also alleged that the Growers violated their agreements to hire Puerto Rican farm workers, and discriminated against those who were hired in favor of Jamaican farm workers. The complaint sought a declaration of the rights of Puerto Rican citizens under the Wagner-Peyser Act of 1933, 29 U.S.C. §§ 49-49k as partially implemented by the Immigration and Nationality Act, 8 U.S.C. §§ 1101 et seq. and the Temporary Foreign Labor Certification Regulations, 20 C.F.R. §§ 655.0 et seq. Puerto Rico alleged irreparable injury to its citizens and sought to enjoin the Growers from future violations of these federal laws.
The Growers, assigning a number of grounds, moved for dismissal of the complaint. The trial court granted the motion to dismiss on one ground only-that Puerto Rico failed to present a justiciable quasi-sovereign interest and, therefore, lacked standing under the doctrine of parens patriae. This is the sole issue on appeal.
There was a record apple crop in the orchards along the eastern coast of the United States in 1978. This generated heavy activity to recruit temporary farm workers to pick the apples. The recruiting efforts, however, were not unique to 1978, nor to the eastern coastal area of the country. The phenomenon of recruiting temporary farm workers has produced both benefits and problems for those involved for a considerable number of years.
Congress has created a strong preference favoring domestic workers. It enacted the Wagner-Peyser Act in 1933 to facilitate the flow of labor from supply states to demand states during that period of depression and high unemployment. This Act, among other things, established the interstate clearance system administered by the United States Department of Labor. Employers transmit their job offers to units of the system in this case the Puerto Rican Employment Service. To complement the Wagner-Peyser Act, Congress amended the Immigration and Nationality Act, prohibiting the entry of aliens as temporary laborers as long as capable United States workers are available. Only if the demand for workers exceeds the domestic labor supply may employers...
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