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CATA v. U.S. DEPARTMENT OF LABOR

No. 92-2323.

995 F.2d 510 (1993)

COMITE DE APOYO A LOS TRABAJADORES AGRICOLAS (CATA), Julio Aponte-Galarza, Nelson Ayala, Geraldo Camacho, William Carabillo, Santiago Castillo, Carlos Collazo-Baez, Pablo Colon-Perez, Luis A. Delgado, Luis M. Fuentes, Wilson Maldonado, Carmelo Medina, Carlos Montero, Jose L. Palau-Torres, Jorge Ramirez, Reyes Ramirez, Ramon Ramirez-Muniz, Candido Ramos, Jose Luis Rodriguez, Jose Serano, Hermitano Soto, Antonio Toro-Flores, Randy Buckley, Dean Clarke, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF LABOR; William E. Brock, Secretary of the United States Department of Labor; William Haltigan, Regional Administrator of Region III, Employment and Training Administration, Defendants-Appellees, and Hepburn Orchards, Incorporated; Fairview Orchards Associates, Defendants. Frederick County Fruit Growers' Association, Incorporated, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided June 9, 1993.

Attorney(s) appearing for the Case

Garry G. Geffert, Migrant Legal Action Program, Inc., Washington, DC, argued (Gregory S. Schell, Florida Rural Legal Services, Inc., Belle Glade, FL, Shelley David, Farmworker Justice Fund, Inc., Washington, DC, on brief), for appellants.

John Samuel Koppel, Civil Div., U.S. Dept. of Justice, Washington, DC, argued (Stuart M. Gerson, Asst. Atty. Gen., Richard D. Bennett, U.S. Atty., Michael Jay Singer, Civil Div., U.S. Dept. of Justice, Washington, DC, on brief), for appellees.

Thomas E. Wilson, Christopher A. Weals, Seyfarth, Shaw, Fairweather & Geraldson, Washington, DC, for amicus curiae.

Before WIDENER and WILKINSON, Circuit Judges, and HILTON, United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

WILKINSON, Circuit Judge:

The question here is whether plaintiffs have standing to seek a declaratory judgment when the party that would be adversely affected by that judgment is not present in the case. Plaintiffs seek a declaratory judgment that the Department of Labor erred in approving wages they received for agricultural labor in 1986. The grower that employed plaintiffs in 1986 is not a party to this case; plaintiffs hope to use a declaration...

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