Snake River Farmers' Ass'n v. Department of Labor

dissenting in part:

I agree with the majority that Bahena and Ballesteros lack standing. But because I *799 believe Nagay-Jaime has shown an injury in fact traceable to the challenged wage rates and experience-reference requirements, and because his injury would be redressed by the injunctive and declaratory relief he requests, I would reverse the district court’s determination that Nagay-Jaime lacks standing.

Nagay-Jaime applied for irrigation work in Idaho with the SRFA on March 7, 1990, furnished the required reference, and encountered a twelve-day delay in receiving a job referral. He eventually was referred to an SRFA employer for an irrigation job to begin April 8, 1990, although other farmers had requested irrigation workers for an earlier date. 1 For reasons unrelated to this lawsuit, the grower denied him the job. Nagay-Jaime testified at his June 1991 deposition that he applied to the SRFA for irrigation work in Idaho again in May 1991 and was not hired. He stated in a subsequent June affidavit that he continues to do irrigation work and remains interested in working for SRFA members.

As a worker who has twice applied for irrigation jobs with the SRFA and who…

The district court properly dismissed this case for lack of standing. The appellant- *794 intervenors, farmworkers, lack an injury in fact likely to be redressed by a favorable decision. Two of them suffered no injury from the harm complained of, and the third seeks relief which would be of no benefit to himself. We therefore lack jurisdiction to consider the dispute on the merits.

I. Facts.

This ease was started by the farmers, not the farmworkers. The Snake River Farmers’ Association sued the Secretary of Labor to obtain changes in the terms upon which the Department of Labor allowed the farmers to employ foreign workers. For a portion of the year, the farmers employ hundreds of farmworkers to operate their irrigation systems. The government allows the farmers to bring foreign workers into the country if there are not sufficient domestic workers available, and the employment of the foreign workers will not adversely affect the wages and working conditions of similarly employed United States workers. 8 U.S.C. § 1188 (a) (1988).

To hire foreign workers, farmers must submit proposed wage schedules to the Department of Labor’s Regional Administrator. The Regional Administrator…