stating that “[t]he fundamental principle of statutory construction (and indeed, of language itself) [is] that the meaning of a word cannot be determined in isolation, but must be drawn from the context in which it is used.’”
How later courts described this case
- stating that “[t]he fundamental principle of statutory construction (and indeed, of language itself) [is] that the meaning of a word cannot be determined in isolation, but must be drawn from the context in which it is used.’”
- finding that defendants were entitled to the AWPA exemption despite the fact that non-family members drove farm bus, trucks, and cars
- finding migrant workers who travel long distances for employment are at the mercy of employers
- “Laws cannot be interpreted by snatching single words out of statutory sentences and matching these words — without regard for context — up against one of the many definitions of that word found in the advocate’s dictionary of choice.”
Written by the judges who cited it.
The opinion
RYAN, Circuit Judge,
concurring in the judgment.
Although I agree that the Gibsonburg Canning Company (GCC) has lost its family business exemption, I reach this conclusion on grounds that differ from the majority’s. I therefore write separately to register my respectful disagreement with my colleagues’ reasoning.
Rios’s actions, from the stipulated facts, do not constitute “a farm labor contracting activity on behalf of’ the GCC. 29 U.S.C. § 1803 (a)(1). The majority opinion recognizes “that a purposeful delegation of recruiting authority would defeat the exemption, while a worker’s unprompted referrals would not,” and that the inquiry “‘must focus on the [farmers’] own decisions and actions,’ ” maj. op. at 515 (quoting Calderon v. Witvoet, 999 F.2d 1101, 1105 (7th Cir.1993)).
Here, the plaintiffs inquired, on their own initiative, about the availability of Ohio farm jobs. The plaintiffs, again on their own initiative, asked Rios to call the Schuetts. Rios then called and asked Jerry Schuett whether jobs and housing were available for the Flores family. These facts do not in any way suggest that the GCC delegated, expressly or impliedly, any authority to Rios. The stipulated facts do not indicate that the GCC had *517 ever hired workers whom Rios mentioned or that the GCC prompted Rios to disseminate information about the farm. In short, Jerry Schuett merely answered Rios’s questions; this civil gesture did not authorize Rios to recruit, solicit, hire, employ, furnish, or transport Flores. I would hold that Rios did not engage in “a farm labor contracting activity on behalf of’ the GCC because it neither authorized nor could prevent Rios’s discussions with the plaintiffs.
However, the GCC did lose the family business exemption when the Ohio Bureau of Employment Services (OBES) “furnished” migrant workers to the farm. According to the stipulated facts, when the farm’s operation requires additional workers, the Sehuetts occasionally call the OBES to see if the OBES has any available farm workers. Presumably, the OBES creates a pool of unemployed workers specifically qualified for farm work by sorting through the universe of unemployed workers who have come to the bureau’s attention. The OBES then matches the unemployed farm worker to the Sehuetts’ request. This is “furnishing” workers to the GCC in the plain and common understanding of the word.
My colleague asserts that the OBES does not furnish the GCC with workers “in any contractual sense.” He points out that the OBES does not charge a fee, does not purport to represent either the GCC or the worker, and does not guarantee employment upon referral. It is, of course, evident under the statute that the OBES has no “contractual” relationship with the Sehuetts or with the migrant workers it refers to the Sehuetts. In all events, those activities are inessential to concluding that the OBES furnished workers in a “contractual” sense: the OBES screens workers and supplies them to the farm in order for the farm and the worker to then enter into an employment contract. The majority opinion’s critique of the plaintiffs’ reliance on dictionary definitions misses the mark. In most cases, the dictionary provides helpful guidance as to the undisputed plain meaning of words — in this case, “furnish.”
Finally, contrary to the majority’s suggestion, it is irrelevant that the OBES may in fact behave as the most conscientious labor contractor ever to serve a migrant worker. The statute’s language prohibits any nonfam-ily member from engaging in “a farm labor contracting activity on behalf of’ the GCC. Once the actor is identified as a nonfamily member, the actor’s benevolent nature is immaterial. Rather, the statute directs our attention to the nature of the “activity.” That Congress chose sweeping language to define the activities that must be performed by family members is not the concern of this court. Indeed, Congress may have purposefully raised an overproteetive shield so that cases at the margins would result in triggering the disclosure and record keeping requirements — even at the expense of including well-meaning labor contractors. It is such guessing at unwritten and obscure purposes that counsels us to remain faithful to the statutory text.
I would hold that the OBES’s furnishing of migrant workers to the GCC destroyed the GCC’s family business exemption.