to necessarily relate to the current prevailing domestic wage rate, but the statute is drafted in such broad terms that the Court can come to no other conclusion than that the Section 503, read as a whole, gives the Secretary of Labor broad powers and wide discretion and that the 'adverse effect' element of Section 503(2) refers to more than preference as to lay-offs and new hirings, either initially or after importation of Mexican workers.
The Court recognizes that the results of the wage survey here may have substantial adverse effects on some employers and that the methods employed in the survey may be subject to attack and the 5 cents step wage increase may be more than would be required, if at all, should a more refined time and method of sampling have been employed. However, Congress gave to the Secretary the power to determine what will or will not 'adversely effect' the wages of domestic workers without specifying how he should conduct the survey, what formulas to apply, etc. While the survey could have been conducted at a different time
and by employing different methods, the Court, in the light of the statute, cannot say that it was so erroneous, unauthorized, of arbitrary as to be illegal.
While it may appear that more strenuous efforts should be made by the Secretary of Labor to resolve some of the 'disagreements' that arise in respect to the utilization of State agencies in conducting surveys, analyzing the results thereof, and making a wage finding, and while that may have been the intended spirit of the Act, 7 U.S.C.A. 1466, the Secretary is not required to do so by the Act, and the Agreement between the State of New Mexico Employment Security Commission and the Labor Department does not so affirmatively direct.
And so it is with respect to the sampling process and weighting system procedures employed by the Labor Department in the survey. The Labor Department admits certain minor discrepancies,
but claims the manner of conducting the survey and the application of the formula was otherwise proper. While it may be urged that the manner of conducting surveys and formulas to be employed could be somewhat standardized with corresponding publication in the Federal Register before and after adoption, the Secretary is not required by law to do so.
It is true that 'wages' is defined in the Migrant Labor Agreement as claimed by the Plaintiffs. However, it seems that the term must be interpreted as it appears reading the Agreement and the Standard Work Contract as a whole, and as construed and applied by the United States and Mexican Governments.
On the basis of the law as it exists in this case, taking into consideration the dominant purpose of the Act and the broad powers given to the Secretary, United States v. Morris, 252 F.2d 643 (5th Cir., 1958), and the failure to find that the Secretary here acted in an arbitrary, unlawful, erroneous or unauthorized manner, Embassy Dairy v. Camalier, 93 App.D.C. 364, 211 F.2d 41 (1954), the Court is compelled to hold for the Defendants.
The Court is somewhat sympathetic with the position of the employer-users here and their claims. As noted earlier, this program of recruiting Mexican Nationals for a agricultural workers must necessarily be Federally administered. However, it seems that Congress intended that it be administered in association and cooperation with State agencies. When the cooperation and communications between the Federal and State agencies break down, no matter who is at fault, the employer stands an excellent chance of being made the one who will suffer. However, if the results here seem somewhat harsh as viewed by the Plaintiffs, as no doubt they do as evidenced by this suit, they are not such as can be relieved by this Court under law.
Therefore, upon consideration of the Plaintiffs' motion for Preliminary Injunction and the Defendants' opposition thereto and motion to dismiss, or in the alternative for summary judgment, and the parties having submitted memoranda of points and authorities in support of and in opposition thereto, and the Court having considered the complaint, affidavits and exhibits, testimony of witnesses and oral argument, and the Court finding that no material issue of fact exists in the case, grants the Defendants' motion for summary judgment and denies the Plaintiffs' motion for a preliminary injunction.
Counsel for Defendants will prepare an appropriate order.
n5. Prevailing wage rates for the following types of domestic agricultural workers in the twelve noted counties of New Mexico:
On June 9, After June
1961 9, 1961
General farm hands 60 per hr. 70 per hr.
Irrigators 60 per hr. 70 per hr.
Tractor operators 70 per hr. 75 per hr.
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