University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Production Farm Management v. Brock IM-AZ-0003
Docket / Court CV 84-143 CAM ( D. Ariz. )
State/Territory Arizona
Case Type(s) Immigration
Case Summary
In 1983, Production Farm Management, an Arizona company that grew and harvested citrus fruit in Maricopa County, Arizona, brought suit in the U.S. District Court for Arizona, challenging the Department of Labor's promulgation of its adverse effect wage rate (AEWR) for Arizona covering the minimum ... read more >
In 1983, Production Farm Management, an Arizona company that grew and harvested citrus fruit in Maricopa County, Arizona, brought suit in the U.S. District Court for Arizona, challenging the Department of Labor's promulgation of its adverse effect wage rate (AEWR) for Arizona covering the minimum hourly wage payable by agricultural companies employing nonimmigrant aliens (H-2 workers) admitted to work temporarily in the United States. The AEWR was set so that the hiring of those temporary farm workers did not adversely impact the wage rates for other farm workers in the U.S. The Labor Department determined that the AEWR should be set at $ 3.67. That figure was higher than Production Farm Management was willing to pay, so it filed suit to enjoin the Labor Department from applying the $3.67 AEWR in Arizona.

The Labor Department moved for summary judgment arguing that setting the AEWR was a reasonable use of its rulemaking authority. Plaintiff filed a cross-motion for summary judgment. The District Court (Judge Muecke) initially entered judgment in favor of the government, but then set the judgment aside and ruled for plaintiff. After it obtaining additional briefing and further argument from the parties, the Court reversed itself again, and entered judgment for the government. The plaintiff appealed.

The Ninth Circuit Court of Appeals (Circuit Judge Ferguson) affirmed. Production Farm Management v. Brock, 767 F.2d 1368 (9th Cir. 1985).

Dan Dalton - 10/25/2007


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Immigration
Employment
Temporary foreign workers program
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) Secretary of Labor
Plaintiff Description An Arizona citrus producer who employed non-immigrant aliens as workers, alleging that the Department of Labor abused its discretion by raising the minimum wage for temporary workers.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration 1985 - n/a
Case Closing Year 1985
Case Ongoing No
Additional Resources
click to show/hide detail
Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
[Circuit Opinion] 08/08/1985 (767 F.2d 1368)
IM-AZ-0003-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Ferguson, Warren John (C.D. Cal., Ninth Circuit)
IM-AZ-0003-0001
Norris, William Albert (Ninth Circuit)
IM-AZ-0003-0001
Wiggins, Charles Edward (Ninth Circuit)
IM-AZ-0003-0001
Monitors/Masters None on record
Plaintiff's Lawyers Crowe, Thomas N. (Arizona)
IM-AZ-0003-0001
Defendant's Lawyers Stern, Mark B. (District of Columbia)
IM-AZ-0003-0001
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -