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NAPORANO METAL & IRON CO. v. SEC. OF LABOR OF U. S.

No. 75-1373.

529 F.2d 537 (1976)

NAPORANO METAL AND IRON COMPANY, a corporation of the State of New Jersey, Appellee, v. SECRETARY OF LABOR OF the UNITED STATES and Robert Seebol, Reviewing Officer for Manpower Administration District II, United States Department of Labor. Appeal of Jonathan L. GOLDSTEIN, United States Attorney for the District of New Jersey.

United States Court of Appeals, Third Circuit.

Decided January 21, 1976.

Attorney(s) appearing for the Case

Vincent J. Agresti, Brian S. Lafferty, Newark, N. J., for appellee.

John J. Barry, Asst. U. S. Atty., Newark, N. J., John L. Murphy, Chief, Government Regulations Section, Crim. Div., Chester J. Halicki, Dept. of Justice, Washington, D. C., for appellants.

Before ALDISERT, HUNTER and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

This case presents for our consideration the Secretary of Labor's (Secretary) denial of labor certification to an alien. We hold that the wage established under a negotiated collective bargaining agreement and paid to alien and non-alien workers alike cannot be deemed to "adversely affect the wages and working conditions" of Americans similarly employed within the meaning of 8 U.S.C. § 1182(a)(14). We thus...

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