USDOL v. Scott's Yankee Farmer, 95-TAE-3 (ALJ June 3, 1995)

MAILED 6/3/95
Date:

Case No.:  95-TAE-3


In the Matter of:                      
                                      
U.S. DEPARTMENT OF LABOR        
     Plaintiff                        
                                      
     v.                               
                                      
SCOTT S YANKEE FARMER AND THOMAS SCOTT     
     Respondents                      
                                       


           DECISION AND ORDER APPROVING CONSENT FINDINGS


     The parties hereby stipulate, agree and consent, pursuant to
29 C.F.R. 501.40, to entry of findings, as follows:

     1.  This matter arises under the Immigration and Nationality
Act, 8 U.S.C. 1101, et seq., as amended, hereinafter the
Act, and Regulations at 29 C.F.R. Part 501.

     2.  At all times pertinent hereto, Respondents, an
agricultural employer doing business in East Lyme, Connecticut,
employed H-2A workers in seasonal agricultural services within the
meaning of 29 C.F.R. 502.

     3.  Upon written notice dated November 4, 1994, pursuant to 29
C.F.R. 501.19, a civil money penalty in the amount of $4,000. was
assessed against Respondents for alleged violations of the Act and
applicable regulations under 20 C.F.R. Part 655 and 29 C.F.R. Part
501, to wit, 20 C.F.R. 655.102(b)(1) and 29 C.F.R. 501.7.

     4.  By letter dated December 2, 1994, Respondents made a
timely request for hearing on such assessment in accordance with 29
C.F.R. 501.33.

     5.  Respondents represent that they are presently in
compliance with all applicable provisions of the Act and applicable
regulations and will continue to comply therewith in the future.  
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Accordingly, the Regional Administrator agrees not to take action
to deny Respondents  temporary alien agricultural certification.  

     6.  Respondents agree to pay the $4,000. civil money penalty
by cashier s or certified check payable to  Wage and Hour Division-
Labor  in the following manner:  Respondents shall immediately
remit $2,000. upon return of this executed agreement and, as
aforesaid, on or before June 1, 1995, Respondent shall remit the
balance of $2,000.

     
     7.  Respondents hereby withdraw the aforesaid request for
hearing.

     8.  The parties agree that:

          (a)  The final order disposing of this proceeding shall
have the same force and effect as an order made after full hearing;

          (b)  The entire record on which such final order shall be
based shall consist solely of the notice of administrative -
determination and this agreement; and

     9.  The parties waive:

          (a)  Further procedural steps before an Administrative
Law Judge; and

          (b)  Any right to challenge or contest the validity of
these findings or of any order entered in accordance herewith.

     This Administrative Law Judge, having reviewed the above
Consent findings, finds and concludes that said Consent Findings
are reasonable and appropriate and, accordingly, the Consent
Findings are approved pursuant to 29 C.F.R. 501.40.



                              _________________________
                              DAVID W. DI NARDI
                              Administrative Law Judge


Boston, Massachusetts    


DWD:las

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SERVICE SHEET
    


Case Name:   SCOTT S YANKEE FARMER AND THOMAS SCOTT        
       
Case No.:    95-TAE-9

Title of Document:  Decision and Order Approving Consent
Findings 


A copy of the above document was sent to the following:

                                                                

Scott s Yankee Farmer                   Office of the Solicitor
291 North Bride Brook Road              U.S. Dept. of Labor Legal
East Lyme, CT  06333                      Services                
                                        Room N-2101
Christopher A. Weals, Esq.              200 Constitution Ave., NW
Seyfarth, Shaw, Fairweather & Geraldson Washington, DC  20210
815 Connecticut Ave., NW 
Washington, DC  20006-4004              Administrator-U.S. Employ-
                                         ment Service
Richard D. Sansone                      Employment & Training
Assistant District Director              Administration
U.S. Department of Labor                U.S. Department of Labor
Employment Standards Administration     Room N-4456
Wage and Hour Division                  600 D Street, NW
414 Chapel Street - Room 201            Washington, DC  20213
New Haven, CT  06511

Albert H. Ross, Esq.
Regional Solicitor                      
U.S. Department of Labor

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Office of the Solicitor
One Congress Street - 11th Floor
Boston, MA  02114
ATTN:  Kevin E. Sullivan, Esq.

Associate Commissioner of Examination
Immigration & Naturalization Service
425 I Street, NW
Washington, DC  20536

Associate Solicitor for Employment      INTEROFFICE MAIL
 and Training
U.S. Department of Labor                Library
Room N-2101
200 Constitution Ave., NW                                     

Washington, DC  20210                   LEWIS A. SACKS
                                        Paralegal Specialist