for the issuance of visas to the required number of foreign farm workers.
17. In accordance with the testimony received in open Court to the extent that farm workers from Florida and the continental United States are available to work in this project, they have been placed therein by the growers. The testimony further indicated that opportunity for placement continues and that available domestic farm workers may continue to be placed.
18. The intervenor known as Farm Labor Executive Committee, aware of losses sustained in prior years through inability adequately to harvest the apple crop, determined that a concerted effort should be made to eliminate crop losses attributable to an insufficient work force. This determination was made in the latter part of 1974.
19. Accordingly, the Farm Labor Executive Committee met with federal officials in the Department of Labor well in advance of the harvest season which usually begins about the 1st of September, for the purpose of working out procedures by which the growers would be assured an adequate labor force from domestic sources and, if necessary, by the importation of foreign farm workers.
20. These meetings commenced in early February, 1975, and included representatives of the Puerto Rican government, who sought to place Puerto Rican workers in the 1975 apple harvest.
21. Puerto Rico is a participant in the interstate clearance system which operates nationally and by terms of which employers in labor demand states may recruit qualified workers in labor surplus states. However, the laws of Puerto Rico make it difficult for its workers to enjoy the benefits of the interstate clearance system as previously pointed out.
22. Puerto Rico is the only participating jurisdiction in the interstate clearance system which has sought to intervene in the employer-employee relationship. Reasonable and extensive efforts were made to find a sufficient number of qualified domestic workers to assist the apple growers in the northeastern states and since these efforts did not result in finding a sufficient number of qualified and available domestic workers, there exists a clear factual basis for the Secretary of Labor to certify the need for the importation of foreign farm workers and for the Commissioner of the Immigration and Naturalization Service to permit the entry of foreign farm workers into the United States for this limited purpose.
23. The testimony indicated, and the Court finds, that unless an adequate number of qualified farm workers are available, including those presently contemplated from foreign sources, that the apple growers will sustain an immediate and irreparable injury estimated by Mr. Peck, the President of the Northeast Apple Growers Council, to be approximately ten million dollars, which will probably result in bankruptcy to a number of the growers, as well as the loss of a substantial portion of this year's apple crop.
CONCLUSIONS OF LAW
1. Under 8 U.S.C. § 1101(a)(15)(H)(ii), the Attorney General is authorized to admit aliens into the United States as non-immigrants for the purpose of performing temporary service or labor provided that United States workers are not available to perform such service or labor.
2. Under 8 U.S.C. § 1184(c), the Attorney General is required to consult with appropriate agencies of the United States before determining whether to admit such aliens. This function has been delegated to the Commissioner of the Immigration and Naturalization Service.
3. The Commissioner has established by regulation (8 C.F.R. 214.2(h)(3)) that the Secretary of Labor shall be consulted in determining whether to admit such aliens.
4. The Secretary has established such procedures and pursuant thereto has made the determination which he has referred to the Commissioner that insufficient domestic workers are available and accordingly, foreign farm workers should be imported for the purpose of this apple harvest.
5. The determinations of the Secretary and the Commissioner are in accordance with the provisions of statutory law and are predicated upon an adequate factual showing.
6. Unless foreign farm workers are granted visas for the purpose of participating in the apple harvest, irreparable injury will be sustained by the growers for they will lose a substantial portion of their crops and this loss will not equally be distributed in that some will lose their entire crop and be faced with bankruptcy.
7. Consideration of the public interest requires that these results be avoided and accordingly, the Court will deny the relief sought and dismiss the complaint.
8. The temporary restraining order heretofore issued is dissolved.
Oliver Gasch / Judge
Date: September 10th 1975
September 12, 1975
In accordance with the Findings of Fact and Conclusions of Law filed in this case on September 10, 1975, it is by the Court this 11th day of September, 1975,
ORDERED that the complaint be and is hereby dismissed, that the injunctive relief requested be and hereby is denied, and that the temporary restraining order issued in this case on September 5, 1975, be and is hereby dissolved.
Oliver Gasch / Judge
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