Marshall

DECISION, FINDINGS OF FACT, AND CONCLUSIONS OF LAW

This action by the Secretary of Labor (the “Secretary”) seeks to enjoin certain activities which he believes violate the Farm Labor Contractor Registration Act of 1963, as amended, 7 U.S.C. § 2041 , et seq. (the “Act”). It is brought pursuant to 7 U.S.C. § 2050a(c).

The Complaint alleges that two individuals, Lester S. Heringer and Marcial Fernandez, violated 7 U.S.C. § 2043 (a) by engaging in activities as a farm labor contractor within the meaning of 7 U.S.C. § 2042 (b) without first obtaining a certificate of registration from the Secretary. The Complaint further alleges that the third defendant, Heringer Ranches, Inc., (“Heringer Ranches”) violated 7 U.S.C. § 2043 (c) by engaging the services of Mr. Heringer and Mr. Fernandez without first determining that they possessed such certificates.

Defendants have moved for summary judgment. They argue that even if Mr. Heringer and Mr. Fernandez have engaged in some activities which could be characterized as those of a farm labor contractor, the Act does not apply; 7 U.S.C. § 2042 (b)(2) and 7 U.S.C. § 2042 (b)(3) exempt them from the Act’s coverage. Heringer Ranches further argues…