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contractmotioncorporationvisa
contractmotioncorporationvisa

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Maine State Building & Constr. Trades Council,

Facts

The dispute centers on the construction of two oil rigs in the harbor of Portland, Maine. Between August and October of 2002, Cianbro Corporation applied to the U.S. DOL and the Maine DOL for H-2B temporary labor certifications for approximately one hundred and twenty foreigners to be employed as structural and pipe welders on the rigs. The U.S. DOL and Maine DOL mistakenly calculated the prevailing wages using the McNamara-O'Hara Service Contract Act instead of the Davis-Bacon Act. The unions brought this action against the U.S. DOL and other government officials, seeking a declaration that the DOL's use of the SCA was arbitrary and capricious.

The dispute centers on the construction of two oil rigs in the harbor of Portland, Maine. Between August and October of 2002, Cianbro Corporation applied to the U.S. DOL and the Maine DOL for H-2B temporary labor certifications for approximately one hundred and twenty foreigners to be employed as structural and pipe welders on the rigs. The U.S. DOL and Maine DOL mistakenly calculated the prevailing wages using the McNamara-O'Hara Service Contract Act instead of the Davis-Bacon Act. The unions brought this action against the U.S. DOL and other government officials, seeking a declaration that the DOL's use of the SCA was arbitrary and capricious.

Issue

Whether the case was moot due to the issuance of temporary labor certifications and H-2B visas, and whether the unions had standing to amend their complaint.

Whether the case was moot due to the issuance of temporary labor certifications and H-2B visas, and whether the unions had standing to amend their complaint.

Rule

A case may be rendered moot if changed circumstances eliminate any possibility of effectual relief. The exception to the mootness doctrine for actions 'capable of repetition, yet evading review' requires a showing that the challenged action was too short to be fully litigated and that there is a reasonable expectation of the same action occurring again.

A case may be rendered moot if changed circumstances eliminate any possibility of effectual relief. The exception to the mootness doctrine for actions 'capable of repetition, yet evading review' requires a showing that the challenged action was too short to be fully litigated and that there is a reasonable expectation of the same action occurring again.

Analysis

The court found that the unions' original complaint sought relief only regarding the U.S. DOL's treatment of Cianbro's application, which was now moot since the temporary labor certifications and H-2B visas had already been issued. The unions failed to demonstrate that they would be subjected to the same error again, thus not meeting the standard for the exception to the mootness doctrine. The district court's denial of the motion to amend was based on futility, as the proposed amendment did not provide a scenario that would entitle the unions to relief.

The court found that the unions' original complaint sought relief only regarding the U.S. DOL's treatment of Cianbro's application, which was now moot since the temporary labor certifications and H-2B visas had already been issued. The unions failed to demonstrate that they would be subjected to the same error again, thus not meeting the standard for the exception to the mootness doctrine. The district court's denial of the motion to amend was based on futility, as the proposed amendment did not provide a scenario that would entitle the unions to relief.

Conclusion

The judgment of the district court was affirmed, as the case was deemed moot and the unions lacked standing to amend their complaint.

The judgment of the district court was affirmed, as the case was deemed moot and the unions lacked standing to amend their complaint.

Who won?

The United States Department of Labor prevailed in the case because the court found that the unions' claims were moot and that they failed to meet the requirements for standing.

The United States Department of Labor prevailed in the case because the court found that the unions' claims were moot and that they failed to meet the requirements for standing.

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