A Department of Labor Appropriations bill contained language supported by organized labor that would have devastated the H-2B program and made it impossible for many employers to use the program. After the National Club Association provided members with steps to take to voice opposition with their representatives, the provision was stricken from the bill.
The National Club Association (NCA) recently sent out a member alert urging contacts be made to members of the House of Representatives to oppose provisions that would be detrimental to the H-2B seasonal worker program contained in the annual Labor, Health and Human Services appropriations bill.
The House Appropriations Committee was scheduled to consider the FY 22 Department of Labor Appropriations bill which contained language supported by organized labor that would devastate the H-2B program and make it impossible for many employers to use the program. This language would effectively kill the H-2B program. The draft bill would:
- Prohibit industries from using the H-2B program if they experienced unemployment in ANY of the previous 12 months over 10% (a majority of H-2B industries would be ineligible especially considering unemployment rates and COVID-19 over the past 12 months);
- Prohibit construction industries from using the program even in seasonal locations or occupations;
- Increase the baseline for wages to at least 150% of the federal or state minimum wage, whichever is higher.
- Require wage compliance with a collective bargaining agreement for your industry in your area, even if you are not a party to the agreement;
- Ban participation in the program for labor/workforce related infractions outside of the scope of the H-2B program.
NCA asked that members take 10 minutes to take each of the following actions:
- Call your Representative today and ask him or her to urge the House Appropriations Committee leadership and their Party Leadership to remove Sections 116, 117 and 118 of Fiscal Year 2022 Labor, Health and Human Services, Education, and Related Agencies Subcommittee Appropriations Bill before the legislation is considered by the Appropriations Committee on Thursday.
- Send an e-mail to your Representative using a link that was set up by the National Association of Landscape Professionals.
The provisions that have been stricken from the bill would have prohibited industries from using the H-2B visa program if they experienced unemployment of over 10 percent in any of the previous 12 months, increase the baseline for wages to at least 150 percent of the federal or state minimum wage and require wage compliance with a collective bargaining agreement for your industry even if the employer is not covered or a party to the agreement.
NCA will continue to keep an eye on these issues as the appropriations process continues as there is a possibility they could resurface.
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