FRA JOINS LAWSUIT OPPOSING US-DOL WAGE RULE

RELEASE: August 29, 2011

CONTACT
Neil Ward (301/838-9385) nward@forestresources.org

Rockville, MD – Today, the Forest Resources Association announced that it had joined with other members of the H-2B Workforce Coalition in the decision to bring suit against the U.S. Department of Labor, opposing DOL’s implementation of its new guestworker wage rule, scheduled to go into effect on October 1, 2011. The rule, and its early implementation date, are elements of DOL’s major regulatory overhaul of the H-2B guestworker visa program.

FRA’s Forestry Contractor Task Group Chair Mike Kelly pointed out, “Unless we can put DOL back on track to issue an H-2B guestworker wage rule that realistically reflects state and local labor market conditions, Mike Kelly Forestry Services and many other reforestation firms around the country will be out of business. There is no way our landowner clients can absorb the costs that wage-increase mandates of up to 163% will place on reforestation.” Mr. Kelly’s business is based in Troy, North Carolina.

DOL has asserted that implementing a higher prevailing wage basis for H-2B guestworkers would induce more U.S. workers to accept employment in sectors that have traditionally employed guestworkers, such as treeplanting, landscaping, amusement park work, and crab-picking, among others.

“DOL’s assumption is contrary to fact,” commented FRA President Richard Lewis. “The experience of reforestation contractors is that U.S. workers are not interested in these jobs, and 95% of those who accept employment quit during the first week, because the work is difficult, because they don’t like being away from home for long periods, and because they don’t like working among foreign co-workers.”

The H-2B Workforce Coalition has selected the Washington, DC-based law firm of Seyfarth Shaw LLP to represent it in bringing suit, and FRA has established an H-2B Defense Fund to support the costs of the litigation. FRA urges forestry contractors, landowners of all types, and wood-consuming mills to contribute to the FRA H-2B Defense Fund. A pledge form is available at this link: www.forestresources.org/bulletin_files/H-2B PledgeForm8-23.pdf

The Forest Resources Association Inc. is a nonprofit trade association concerned with the safe, efficient, and sustainable harvest of forest products and their transport from woods to mill. FRA represents wood consumers, landowners, independent logging contractors, and wood dealers, as well as businesses providing products and services to the forest resource-based industries.