http://biz.yahoo.com/prnews/060731/nem037.html?.v=54

Building Trades Fight for Future of American Workers in Immigration Bill
Monday July 31, 2:18 pm ET
Wage Floor Requirement for Temporary Immigrant Workers Protects American Workers' Wages and Living Standards


WASHINGTON, July 31 /PRNewswire/ -- President Edward C. Sullivan, Building and Construction Trades Department, AFL-CIO, today publicly released a statement submitted to the House of Representatives Committee on Education and the Workforce concerning the Comprehensive Immigration Reform Act of 2006, S.2611, which was passed by the Senate in May, 2006.
"The Building Trades has submitted a statement based on the facts to make clear that including a wage floor provision in this bill does not adversely affect the wages and living standards of American workers. In fact, it protects American workers by preventing employers from using foreign labor to depress wage rates for American workers and ensuring that employers will recruit American workers first for any open job," stated Sullivan.

Sullivan noted that many reported comments from interested parties concerning application of a prevailing wage requirement to the temporary foreign guest worker program described in S. 2611, intentionally or unintentionally, reflect misinformation concerning the intended purpose and effect of a wage floor requirement in this bill.

Since the early 1990's, there has been a weakening in federal regulations and protections for American workers. The BCTD statement asserts it was precisely because of these changes that the Senate decided to codify the prevailing wage provision applicable to the new "H-2C guest worker visa program" created by S. 2611, so that American workers' wages would not be further adversely effected. Thus, contrary to the assertions of some, use of prevailing wage rates determined pursuant to the Davis-Bacon Act and the McNamara-O'Hara Service Contract Act as the minimum wage rates that will not adversely affect the wages of American workers similarly employed is entirely in harmony with the intended purpose and intent of the labor certification process that has been consistently applied to applicants for employment-based permanent and temporary visas seeking to perform skilled and unskilled labor since 1952. As such, codification of such a requirement in the new "H-2C guest worker visa program" created by S. 2611 in no way represents an expansion of the Davis-Bacon Act, nor will it provide greater wage protection to foreign guest workers than to American workers similarly employed.

The Building Trades support the S. 2611's numerous labor protections intended to assure that admission of H-2C guest workers does not adversely affect American workers' wages and living standards while at the same time preventing exploitation of the foreign guest workers. S. 2611 prohibits employers from hiring temporary foreign guest workers under the "H-2C visa program" unless they have first tried to recruit American workers for a job vacancy. In attempting to recruit American workers, employers must offer to pay not less than the wage rate they actually pay comparable employees in their incumbent workforce or the prevailing wage for the occupation, whichever is higher. Then, in the event an employer is unable to recruit a qualified American to fill the job vacancy, the employer must submit an application to the U.S. Department of Labor for a determination and certification to the Secretary of Homeland Security and the Secretary of State, which confirms that American workers who are qualified and willing to fill the vacancy are not available, and that employment of a foreign guest worker will not adversely affect the wages and living standards of American workers similarly employed.

The Senate bill contains additional provisions intended to ensure that employers do not hire temporary foreign guest workers to replace American workers who are on lay off, on strike, or are being locked out in the course of a labor dispute. In addition, the Senate bill requires employers to provide the same benefits and working conditions to temporary foreign guest workers that they provide to their American employees in similar jobs. Furthermore, employers would be required under the Senate bill to provide workers compensation insurance to temporary foreign guest workers they hire.

Most of the criticism of the prevailing wage requirement applicable to foreign guest workers under the "H-2C visa program" in S. 2611 is that it entitles them to payment of a higher wage rate than American workers similarly employed. This is a misperception of the prevailing wage requirement in S. 2611 based on a misunderstanding of its purpose and intent.

Some employer associations oppose inclusion of prevailing wage provisions in S. 2611 inasmuch as it will interfere with the ability of their constituent members to import cheap foreign labor. However, the Building Trades' statement to the Education & Workforce Committee chronicles the historic Congressional intent of establishing prevailing wage protections for American workers and why it is imperative to maintain those protections in any new Immigration Bill.

A full copy of the BCTD Statement submitted to the Education and Workforce Committee RE: S. 2611 is available and downloadable at http://www.bctd.org.


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Source: Building and Construction Trades Department