U.S. Department of Labor Office of Administrative Law Judges
2600 Mt. Ephraim Avenue
Camden, New Jersey 08104
Telephone (609) 757-5312
FAX (609) 757-5403
DATE: April 17, 1998
CASE NO.: 98-TLC-00009
In the Matter of
MERWINE FARMS AND NURSERY
ORDER DISCONTINUING THE CASE
On March 2, 1998, the Respondents Merwine Farms and Nursery filed
with
the U.S. Department of Labor, Employment and Training Administration, an application for
temporary alien agricultural labor certification (ETA Case Number: 10238) for the period April
19,
1998 through December 20, 1998.
On March 30, 1998 the Regional Administrator denied the application on
the
ground that the Respondents were not compliance with 20 C.F.R. 655.105(a).
On April 2, 1998, Mindy L. Merwine, Esquire, filed an appeal requesting
an
expedited administrative judicial de novo review of the Regional Administrator's Decision.
On April 6, 1998, a certified exhibit list and record was filed with the
Office
of Administrative Law Judges.
On April 13, 1998, an expedited de novo hearing was scheduled for April
16,
1998 in Stroudsburg, Pennsylvania.
On April 16, 1998, a pre-trial conference was held with the parties. The
parties agreed that an expedited temporary alien labor certification was necessary if American
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workers could not be found to work on Respondent's nursery. The parties also realized that the
Respondent had attempted to comply with the requirements of the Act but were not in total
compliance.
After discussion with the parties, they agreed that Respondents would
discontinue the present action. That Respondents would list and summarize their efforts to
recruit
American workers. Publish in El Hispano, and more than 10 days after publication file a
recruitment
report. Thereafter, if necessary, Merwine Farms & Nursery would then ask for an expedited
decision
relative to their application for temporary alien labor certification for the period April 19, 1998
through December 20, 1998.
That the new application for expedited temporary alien labor certification
would be given expedited review after the written demonstration of compliance.
The parties indicated that they would file a "Stipulation
Discontinuing
this Case" and this would be marked as Joint Exhibit I.
ORDER
It is ORDERED that the request of the parties to discontinue the case is
GRANTED.
