Speech #890130750

At the present time. as was indicated in the Courts decision in the Florida case of Chase Glades Farms v. Wirtz (No. 6586Orl.-Civ.) arbitrary and capricious acts on the part of the Secretary of Labor or his failure to act cannot be tested because he is performing only an advisory function not directed by law. On May 5. 1965. 10 Florida celery growers filed an action to restrain and enjoin the Secretary of Labor from refusing to extend the certification for celery cutters from April 30 to June 15. 1965 to permit foreign agricultural workers holding temporary visas as supplementary agricultural workers under the provisions of section 101(a) (15) (H) (ii) of the Immigration and Nationality Act to continue to perform the operation of cutting celery until May 31 as to some of them. and until June 15. as to othersChase Glades Farms v. Wirtz. No. 6586Orl.-Civ. The complaint alleged that the Bureau of Employment Security of the Department of Labor had arbitrarily and capriciously refused to extend its clearance order or certification for the use of this labor beyond April 30. 1965. and that irreparable losses of the celery crop would be sustained if the supplemental workers were not permitted to continue to cut celery. A restraining order and injunction was also requested against the Attorney General and the Commissioner of Immigration and Naturalization from deporting the workers. The gist of the cast Is well stated in the following paragraph from the opinion of the trial court: The refusal of the Secretary of Labor to extend the certification for celery cutters from April 30 to June 15. 1965. is the crux of the plaintiffs case. Plaintiffs are all celery growers In the Okeechobee area of Florida and are each a beneficiary of the Florida Fruit and Vegetable Associations contract for offshore workers.