El Concilio De Los Trabajadores De La Industria De Los Hongos v. Commonwealth

484 A.2d 817, 86 Pa. Commw. 219, 1984 Pa. Commw. LEXIS 2067
CourtCommonwealth Court of Pennsylvania
DecidedNovember 30, 1984
DocketNo. 1518 C.D. 1984
StatusPublished
Cited by7 cases

This text of 484 A.2d 817 (El Concilio De Los Trabajadores De La Industria De Los Hongos v. Commonwealth) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
El Concilio De Los Trabajadores De La Industria De Los Hongos v. Commonwealth, 484 A.2d 817, 86 Pa. Commw. 219, 1984 Pa. Commw. LEXIS 2067 (Pa. Ct. App. 1984).

Opinions

Opinion by

Judge MacPhail,

Petitioners, El Concilio de los Trabajadores de la Industria de los Hongos (El Concilio) and others,1 bring this action in our original jurisdiction seeking, inter alia, a declaratory judgment and relief in mandamus against the Department of Environmental Resources of the Commonwealth (Respondent).

Presently before us is Petitioners’ motion for partial summary judgment. The parties have filed numerous stipulations of fact and the pleadings are closed. At issue is whether Respondent has a statutory duty to inspect for full compliance with regulations found at 25 Pa. Code §§177.1-177.19, relating to [222]*222farm labor camp housing provided by employers or farm labor contractors in the mushroom industry to four or more unrelated persons. The statutes in question are the Seasonal Farm Labor Act, Act of June 23, 1978, P.L. 537, as amended, 43 P.S. §§1301.101-1301.606 (1978 Act) and Sections 9 and 12 of the Act of May 18, 1937, P.L. 654, as amended, 43 P.S. §§25-9 and 25-12 (1937 Act).

Additionally, Petitioners seek (1) a declaration that 25 Pa. Code §177.1a is without force and effect because it was improperly enacted and is contrary to the 1978 Act and (2) a declaration that Respondent uses invalid guidelines and practices in regard to inspection of and issuance of permits to housing in the mushroom industry.

Finally, Petitioners seek relief in mandamus directing Respondent to inspect all farm labor camp housing provided by employers or farm labor contractors in the mushroom industry to four or more unrelated persons and all farm labor camp housing provided in the mushroom industry to other seasonal workers, for full compliance with the regulations found at 25 Pa. Code §§177.1-177.19; and to promptly take all other necessary steps to ensure compliance by employers and farm labor contractors with such regulatory requirements.

We will consider the declaratory portions of the action first. We are mindful that summary judgment may be entered only where a case is clear and free from doubt, that the record must be viewed in the light most favorable to the nonmoving party, and that any doubts regarding the existence of a genuine issue of material fact must be resolved in favor of the non-moving party. Commonwealth v. Insurance Company of North America, 62 Pa. Commonwealth Ct. 379, 436 A.2d 1067 (1981).

[223]*223Section 103 of the 1978 Act, 43 P.S. §1301.103 provides in pertinent part:

“Seasonal farm worker.” An individual employed in raising, cultivating, fertilizing, seeding, planting, pruning, harvesting, gathering, washing, sorting, weighing or handling, drying, packing, packaging, grading, storing or delivering to market or to storage or to a carrier for transportation to market in its unmanufactured state, any agricultural commodity as defined in the act of September 20, 1961 (P.L. 1541, No. 657), known as the “Pennsylvania Agricultural Commodities Marketing Act of 1968,” or any farm product as defined in 1 Pa. C. S. §1991 (relating to definitions) on a seasonal or other temporary basis; includes every individual irrespective of his primary employment, while he performs agricultural labor on a seasonal or other temporary basis, except any person who commutes daily from his permanent residence to the work site unless transportation is provided such a person by a farm labor contractor ; and, other provisions of this act to the contrary notwithstanding, includes any person residing in living quarters owned, leased or operated by an employer or a farm labor contractor and occupied by four or more unrelated persons. (Emphasis added.)

The final emphasized clause above is central to our present determination; Petitioners contend that this clause, in which “person” is not modified by “who is employed on a seasonal or temporary basis,” shows a legislative intent and the clear meaning that workers in the mushroom industry living in provided housing in groups of four or more unrelated persons shall be considered “seasonal farm workers” for the pur[224]*224poses of inspecting and issuing permits for such housing. In regard to the legislative history the parties agree that an amendment, which would have required that the “persons” in the final clause of Section 103 “worked at least 25 days in farm work and worked less than 150 consecutive days at any one establishment” in the preceding twelve months, was proposed and defeated. We regard this as significant but not dis-positive of an intent to provide coverage with this statute for workers in the mushroom industry.

We are aided, of course, by the rules of statutory construction found in the Statutory Construction Act of 1972, 1 Pa. C. S. §1501-1991. The 1978 Act is a remedial statute with the declared intent “to improve the condition of seasonal farm workers ... by requiring permits for the operation and occupancy of seasonal farm labor camps ....” Section 102 of the 1978 Act, 43 P.S. §1301.102. As a remedial statute, the 1978 Act is subject to liberal construction “to effect [its] objects and to promote justice.” Section 1928(c) of the Statutory Construction Act of 1972, 1 Pa. C. S. §1928(c).

Additionally, we are of the opinion that the final clause of the definition of “seasonal farm worker” in Section 103 of the 1978 Act is a special provision of the statute which we shall construe in accordance with Section 1933 of the Statutory Construction Act of 1972,1 Pa. C. S. §1933.2 We reach this conclusion be[225]*225cause the definition of “seasonal farm worker” obviously begins with the general and then provides two specific categories of persons who are also included within the definition. Arguably, the first and third clauses of the definition are in conflict because the phrase “on a seasonal or temporary basis” is not repeated in the third clause. We do not believe that we are required to read that phrase into the third clause. Indeed, the drafters of the statute prepared for just such an irreconcilable conflict by prefacing the third clause of the definition with the words “other provisions of this Act to the contrary notwithstanding.” Section 103 of the 1978 Act. We find, therefore, that the third clause of the definition is an exception to the general definition of “seasonal farm worker,” and that workers in the mushroom industry may be considered seasonal farm workers, notwithstanding the fact that they do not work on a seasonal or temporary basis, if they otherwise meet the criteria set forth in the third clause of the definition.

We have given weight to the fact that the definition of “seasonal farm worker” found in the regulations enacted to implement the 1978 Act states that a seasonal farm worker is “[a]n individual who meets any of the following conditions: (i) The individual resides in living quarters owned, leased or operated by an employer or a farm labor contractor and occupied by four or more unrelated persons.” 25 Pa. Code §177.1 (emphasis added). This definition is without ambiguity, and is the Respondent’s own interpretation of the statute.

We are not persuaded to the contrary by 25 Pa. Code §177.1a which provides “[t]his chapter shall not cover living quarters occupied only by permanent agricultural workers.” There is a clear potential for conflict between the definition of “seasonal farm [226]

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Bluebook (online)
484 A.2d 817, 86 Pa. Commw. 219, 1984 Pa. Commw. LEXIS 2067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/el-concilio-de-los-trabajadores-de-la-industria-de-los-hongos-v-pacommwct-1984.