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MARSHALL v. MARRERO

March 31, 1982

Ray MARSHALL, Secretary of Labor, United States Department of Labor
v.
Felix MARRERO



The opinion of the court was delivered by: CAHN

MEMORANDUM OPINION

Before the Court is an action brought by the Secretary of Labor pursuant to the Farm Labor Contractor Registration Act of 1963, as amended, 7 U.S.C. § 2041 et seq. (hereinafter the Act or "FLCRA") seeking a judicial determination that the defendant is subject to the provisions of the Act. Jurisdiction over the subject matter of this proceeding is conferred upon the court by Section 12(c) of the Act, 7 U.S.C. § 2050a(c).

 These particular facts are set forth in a "Stipulation of Facts" which was agreed upon by the parties. The Stipulation of Facts is quoted in its entirety and is adopted and approved as the factual findings in this proceeding.

 I. "STIPULATION OF FACTS"

 1. This action arises under the Farm Labor Contractor Registration Act of 1963, as amended 7 U.S.C. § 2041 et seq. (hereafter the "Act" or "FLCRA").

 2. Plaintiff is the Secretary of Labor, United States Department of Labor, who is authorized by Section 12(c) of the Act, 7 U.S.C. § 2050a(c), to seek injunctive relief to remedy violations of the Act.

 3. Defendant Felix Marrero is an individual who resides at 185 Edgewood Avenue, Temple, Berks County, Pennsylvania, within the jurisdiction of this Court.

 4. Defendant Marrero, in partnership with Dario Sepulveda and trading and doing business as Green Grass Conveyor Service, engaged at all times relevant to this action in the performing of certain services for mushroom growers in Berks County, Pennsylvania. The services performed by Mr. Marrero are more completely described below.

 5. Defendant Marrero is engaged in the removal of used compost from mushroom house beds. In performing this function he employs employees as more fully described in proposed finding number 6 below.

 Mushrooms are grown in compost, a soil like substance produced from a mixture of horse manure, gypsum, chicken manure, corn cobs and other chemical additives. Mushrooms are grown in mushroom houses called "doubles" on racks arranged in layers from floor to ceiling, each rack covered with a bed of compost.

 Mr. Marrero's business is to "take out" the used compost from the compost bed after the mushroom harvest has been completed. After Mr. Marrero and his employees remove the used compost from the mushroom bed, they dispose of the spent compost away from the premises of the mushroom growers.

 6. The removal of the spent compost from the mushroom growing houses is accomplished by the use of electrically operated portable conveyor belts which convey the spent compost into waiting trucks. The trucks then remove the spent compost to a disposal site. Employees that Mr. Marrero has hired shovel the compost from the mushroom house beds onto the conveyor belts, operate the conveyor belts which convey the used compost into the trucks, and drive the trucks. The entire "take out" operation is performed by a crew of men that varies in size, the average being 6.

 7. All of the employees of the Defendant, Felix Marrero, are domiciled and reside in the area of employment and do not move from ...


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