STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF LABOR AND ) EMPLOYMENT SECURITY, DIVISION OF ) LABOR, EMPLOYMENT AND TRAINING, )

)

Petitioner, )

)

vs. ) CASE NO. 87-2168

)

RANDOLPH ROUNDTREE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William J. Kendrick, held a public hearing in the above-styled case on July 27, 1987, in Belle Glade, Florida.

APPEARANCES

For Petitioner: Moses E. Williams, Esquire

Department of Labor and Employment Security

Montgomery Building, Suite 117 2562 Executive Center Circle Tallahassee, Florida 32399-0658

For Respondent: Randolph Roundtree, pro se

Post Office Box 118

South Bay, Florida 33493 PRELIMINARY STATEMENT

At issue in this proceeding is whether Respondent's Florida farm labor contractor certificate of registration should be suspended or revoked.

At hearing, Petitioner called as witnesses: Kathy Davis, David Clark, Ruth Ann Weaver, Carleen N. Willis and Rupert Crawford. Petitioner's exhibits 1-14 were received into evidence. Respondent testified on his own behalf and called Mevian Colas as a witness. Respondent's exhibits 1 and 2 were received into evidence.

The parties were granted leave until August 17, 1987, to file proposed findings of fact and conclusions of law. Neither party elected to file such proposed findings.

FINDINGS OF FACT

1. At all times material hereto Respondent, Randolph Roundtree (Roundtree), held a Florida farm labor contractor certificate of registration.

2. By complaint filed on behalf of thirteen seasonal agricultural workers in the United States District Court for the Southern District of Florida (District Court), hearing Case No. 84-8235-CIV-JAG, damages were sought against Roundtree for violation of the Migrant and Seasonal Agricultural Worker Protection Act (MSAWPA) under the provisions of 28 USC Sections 1331 and 1337. On November 20, 1985, an order by default was entered against Roundtree which found that he had intentionally violated the MSAWPA in that he had:

   
   

   1. Failed to post in a conspicuous place at the work site a notice setting forth the

      rights and protections afforded the workers ...

   2. Failed to keep payroll records for each weekly pay period showing as to each

      Plaintiff his total earnings, all withholding from earnings, net earnings, hours worked, wages per hour, the number of units of work performed and the rate per unit ...

   3. Failed to provide each Plaintiff at the end of each weekly pay period with a statement of all sums paid to them on

      account of the labor of each Plaintiff, an itemized statement of the amount withheld from such payments and the purpose for each withholding

      * * *

      1. Failed to pay the Plaintiffs their wages when due

      2. Violated, without justification, the terms of the working agreement made with the Plaintiffs...

      
      

      On November 20, 1985, a final judgment in the sum of 3,000 per plaintiff was entered against Roundtree, and that judgment remains unsatisfied.

      
      

3. By certified letter dated April 21, 1987, Petitioner, Department of Labor and Employment Security (Department), advised Roundtree that his failure to comply with the MSAWPA, as demonstrated by the District Court action, likewise constituted a violation of the provisions of Chapter 450, Part III, Florida Statutes, and that the Department intended to revoke his certificate of registration. Roundtree filed a timely request for formal hearing.

   
   

4. At hearing, the proof established that, as to the plaintiffs in the District Court action, Roundtree violated the provisions of Chapter 450, Part III, Florida Statutes, by:

   
   

   1. Failing to display prominently at the site

      where the work was performed by the farmworkers, and in all vehicles used by him for the transportation of farmworkers, a copy of his application for a certificate of registration, and a written statement showing the rate of compensation he received from the grower and

      the rate of compensation he was paying the farmworkers.

   2. Failing to keep a payroll slip for each weekly pay period showing as to each farmworker his total earnings, all withholdings from earnings, net earnings, hours worked, wages per hour, number of units of work performed, and the

      rate per unit.

   3. Failing to provide each farmworker at the end of each weekly pay period with a statement of all sums paid to them on account of labor of each worker, and an itemized statement of the amount withheld from such payments and the proofs for each withholding.

   4. Failing to pay the farmworkers their wages when due.

   5. Violating, without justification, the terms of

   the working agreement he made with the farmworkers.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

   
   

6. Pertinent to this case, Rule 38B-4.10(4), Florida Administrative Code, provides:

   
   

   Grounds for suspension, revocation or denial of a certificate shall include:

   * * *

   (c) The contractor's violating any part

   of these rules or of Chapter 450, Part III, Florida Statutes.

   
   

7. Roundtree's conduct, as set forth in paragraph 4 of the findings of fact, was contrary to the provisions of Section 450.33, Florida Statutes, and Rule 38B-4.06, Florida Administrative Code. Consequently, his certificate of registration is subject to suspension, revocation or denial.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Roundtree's Florida farm labor contractor certificate of

registration be REVOKED.

DONE and ENTERED this 26th day of August, 1987, in Tallahassee, Florida.

WILLIAM J. KENDRICK

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 26th day of August, 1987.

COPIES FURNISHED:

Moses E. Williams, Esquire Department of Labor and

Employment Security Montgomery Building, Suite 117 2562 Executive Center Circle Tallahassee, Florida 32399-0658

Randolph Roundtree Post Office Box 118

South Bay, Florida 33493

Hugo Menendez, Secretary Department of Labor and

Employment Security

206 Berkeley Building

2590 Executive Center Circle, East Tallahassee, Florida 32399-2152

Kenneth Hart, General Counsel Department of Labor and

Employment Security

131 Montgomery Building

2562 Executive Center Circle, East Tallahassee, Florida 32399-2152

Docket for Case No: 87-002168

Orders for Case No: 87-002168