A2t-~Laiicasttr Filming, Saturday,-January 5? 1980 Landmark decision rules against Labor BY SHEILA MILLER CAMP HILL A recent court decision has set a precedent which means “U.S. Labor Department nq. longer can harass farmers because their crt*w leaders don’t have every piece of paperwork that government interpretation thinks necessary,” according to Jan Carson, Pa. Farmers’ agricultural employer department. She was referring to a ruling made in Pennsylvania by Federal .District Court Judge, R. Dixon Herman on the Farm Labor Con tractor’s Registration Act. Under FLCRA, a farmer cannot hire a migrant labor crew leader unless the crew leader has a federal cer tificate. This certification authorizes the leader to speak for the group of laborers, and shows the farmer that he will be conducting business within the law. In 1977, the U.S. Depart ment of Labor went one step further with the act through interpretation m a case against Gerald Edwards of Mountain Brook Orchards, Franklin County. Edwards was fined $5OO by the federal government for hiring a crew leader who did not have in his possession the housing authorization paperwork, even though he explained to the Department of Labor inspector that the application had been made. The Labor Department said the crew leader was not registered because he lacked the housing papers, even though Edwards housing facihties had passed the tests of Pa. Department of Environmental Resources and Occupational-Safety and Health Administration. Therefore, Labor said Edwards was in violation of FLORA. Both Edwards and PFA felt that the Labor Depart ment’s interpretation was m excess of what Congress had intended when they passed the Act in 1963. After checking with an attorney, Edwards decided to appeal contending that the Act only made him responsible for the crew leader providing proof of certification. The appeal was slow m coming. But a year and half after die request was made, an administrative law attorney, who happened to be an employee of the Labor Department, ruled against Edwards and up held the department’s decision. Carson pointed out that other issues were presented to the administrative judge, but he didn’t look at anything. She said he just said they were wrong and ruled in favor of Labor. The case was then ap pealed to Federal Court, where Judge Herman upset the Labor Department’s apple cart and said their interpretation of the act was wrong. The decision was reversed in favor of Ed wards. “If Congress would have intended the 1963 Act to be interpreted the way the Department of Labor was reading it, the Act would have been changed under the 1974 amendment to mclude all authorization requirements,” stated. Judge Herman’s decision already has been heralded nationwide for its common sense. The impact it will have on other similar cases for migrant labor employers remains to be seen. Aaron Stauffer, left, will continue as chairman of the District board with Amos Funk serving as vice chairman and the county’s representative to the PARS SOIL SBtVICE HAS A NEW SOLUTION TO AN OLD PROBLEM. (LIQUID CALCIUM SOLUTION) For Correction of Calcium Deficiency in Crops BULK DELIVERY AVAILABLE ON YOUR FARM For Information Call: PARS SOIL SERVICE Box 488, RDI KJL3 Jj Elizabethtown, PA 717-367-2667 or 717-872-7342 EARLY PAYMEKT DISCOUNT AVAILABLE Carson UNIPEL 21-7-14 is an ideal fertilizer for silage-corn fields: Whole-plant com silage for beef or dairy cattle removes two to three times as much Potash as Phosphate from the soil, and a lot of Nitrogen Compensating for that removal can be the crux of your fertility program for fields that were or will be in silage com A UNIPEL Single Application of UNIPEL 21-7-14 is well- Qp flnf|Jf| suited for such fields can provide N, P and Kin a ratio to help I restore a good fertility balance for continued top crop production Give us a call We’d like to tell you more, personally rCnl ILiZcRo Helping the World Grow Better || PA. FARM SHOW SMOKETOWN, PA. PH: 717-299-2571 CHV 677 22 G T M s ORThO Cnev on ana nt-Stgn UNIPEL Reg U S Pal OM Lane. District (Continued from Page Al 5) been extremely faithful in attending all the District functions. He was Lancaster County’s first Commissioner who served as chairman.” James Huber, County Commissioner Elect who will be replacing Raymond Herr on the District board said, “I feel like I’m following God... his are big* shoes to fill.” The District directors appointed two new associate directors during the meeting. Sam Wenger, from Double Strength For Double Duty E.Z. SNOWMOBILE TRAILER Manheim Central, was selected because of his work with water quality, and Dr. Robert Herr was chosen for his work with ground water studies. SM Butter cookies taste better after they’ve aged or mellowed because time gives them an opportunity to develop their natural flavor. They should, of course, be placed in an Appropriate kind of container to ripen at room temperature.
Significant historical Pennsylvania newspapers