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Keywords

motionpartnershipregulationliensdeclaratory judgment
plaintiffinjunctionmotionpartnershipregulationnaturalizationliensdeclaratory judgment

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WJA Realty Ltd. Partnership v. Nelson

Facts

WJA Realty Ltd. Partnership (WJA) challenged an INS regulation that permitted the suspension of work authorizations for non-resident aliens during strikes. The dispute arose when the INS suspended work authorizations for Jai Alai players employed by WJA after a strike was certified by the Department of Labor (DOL). The regulation was contested on the grounds that it violated the NLRA and was an overreach of legislative power.

This action concerns the validity of an INS regulation. The World Jai Alai Association. Reality Limited Partnership (WJA) brings an action against the Commissioner of the Immigration and Naturalization Service (INS) and the Secretary of the Department of Labor (DOL) seeking to enjoin the application of an INS regulation 8 C.F.R. 214.2(h)(14)(iv) which permits the INS commissioner to revoke the work authorizations of non-resident aliens when a strike occurs.

Issue

Whether the INS regulation allowing the suspension of work authorizations for non-resident aliens during a strike is constitutional and valid under the National Labor Relations Act.

Whether the amended claim for a permanent injunction is before this court, when the plaintiff sought only a preliminary injunction in the original complaint.

Rule

The court applied principles from the National Labor Relations Act, determining that the regulation in question was an impermissible assumption of legislative power and ran counter to the policy and essential purposes of the NLRA.

The court concludes that the regulation is an impermissible assumption of legislative power which cannot survive examination.

Analysis

The court analyzed the regulation's impact on employees and found that it discriminated against them, undermining the protections afforded by the NLRA. The court concluded that the regulation's stated purpose of protecting American labor was contradicted by its actual effects, which violated fundamental principles of fair treatment.

The effect of the regulation and its supporting provisions is to run counter to the policy and essential purposes of the National Labor Relations Act and to discriminate against 'employees,' who would otherwise be protected by the NLRA.

Conclusion

The court granted WJA's motion for declaratory judgment, ruling that the INS regulation was unconstitutional and ordering the revalidation of the suspended work authorizations.

The court granted the employer's motion for declaratory judgment and ordered the revalidation of work authorizations which had been suspended by the application of the unconstitutional federal regulation.

Who won?

WJA Realty Ltd. Partnership prevailed in the case because the court found the INS regulation unconstitutional and contrary to the protections of the NLRA.

WJA Realty Ltd. Partnership prevailed in the case because the court found the INS regulation unconstitutional and contrary to the protections of the NLRA.

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