OABA UPDATE………………….…………by Bob Johnson, OABA President and CEO This has certainly been an interesting summer season for
many of our members in the Midwest and Northeast with unusual rain, earthquakes and hurricanes! Fairs in North Dakota and Pennsylvania were canceled due to flooding and many were cut short because of inclement weather. Shows operating in these parts of the country are all hoping for both September and October months for Fairs, Festivals and Expositions to be a success, so bills can be paid! The OABA has been very busy these past few months as
a plaintiff on a federal lawsuit against our own government, specifically the U.S. Department of Labor (USDOL). Early in the year, Labor Department began a zealous effort to protecting the workplace rights of illegal aliens even as it shuts down avenues for people to come to America and work legally. The Labor Secretary Hilda Solis has to serve both the liberals’ ideological fixation on illegals and labor unions’ hostility to any competition. In addition, they are charged with creating jobs for those unemployed. You may have heard recently she was declaring “No mat-
ter how you got here or how long you plan to stay, you have certain rights. You have the right to be safe and in a healthy workplace and the right to a legal wage... [This is part of] our shared commitment to protect the labor rights of migrant workers.” Questioned later about whether she meant to include ille-
gal workers, she was adamant. “I protect all workers here in this country,” she told a newspaper reporter. “I have a vested interest in protecting all workers that work here in the US -- period.” The terrible irony about Solis’ support for workers here
illegally is her department’s distaste for legal workers. Almost Solis’ first act on becoming labor secretary in
2009 was to stop the streamlining of the visa-application process for temporary agricultural workers (visa category H2-A). Farmers who depend on seasonal migrant workers were livid: Solis’ change has (quite predictably) skyrock- eted the cost -- in both time and money -- of getting an al- ready-limited number of legal migrant workers. More recently, she’s moved against the other category of
temporary visas, those for non-agricultural workers (H2-B), affecting such industries as hospitality, forestry, landscap- ing and seafood. The Labor Department has long man- dated what employers can pay temporary workers -- but its
new rules for how to calculate the “prevailing wage” will force wages up dramatically. Many OABA members that utilize foreign labor during their season to supplement U.S. workers, will see base wage increases escalate 50 percent and some over 100 percent, depending on areas in the country where they operate. This increase in wages for seasonal, foreign workers was
to take effect September 30th, but has been extended by DOL by 60 days, thanks to the efforts of many H-2B indus- try user groups, including the OABA. OABA's affidavit, signed by me, stated that "this increase poses an extreme hardship on carnivals, circuses, concessionaires and inde- pendent ride owners who use this visa program, especially those who are already locked into contracts and cannot easily absorb, or pass on, these bureaucratically driven wage increases.” Behind the tougher prevailing-wage rules, of course, are
labor unions -- which constantly seek to drive up the cost of non-union labor. By use of political pressure, they often get governments to set the “prevailing” wage above what union workers actually get. Instead of strengthening this program, the USDOL is
making things harder for farmers and the mobile amuse- ment industry, who are challenged to attract U.S. workers to unskilled jobs. The mobile amusement industry has the added factor of traveling from home for several months, working nights, weekends and holidays, when others "play" and finding employees who can pass background checks and pass drug tests. Our members, especially large carnival and food conces-
sion operators who rely on this labor will still face extremely large "prevailing-wage" increases come December 1, if our legal challenge fails. We are also working on the legislative front with Senators Milkulski (Maryland) and Senator Lan- drieu (Louisiana) to stop DOL from imposing this on sea- sonal industries that desperately need these workers. Many in our industry, are applying now for workers for next year...I dare say that many will opt out of this program as it becomes more onerous. This will be unfortunate, as these seasonal, H-2B workers have become the backbone of many OABA members and have improved the quality, safety and appeal of our midways.
WELCOME BACK RETURNING ASSOCIATE MEMBERS…………….……………….
Frontgate Fun Photots, LLC Gerald Schultz John Tawgin, Owners 129 SEA GIRT AVE MAMASQUAN, NJ 08736-2828 Phone: 800-822-5565 Phone cell or alt: 407-754-4795 E-mail:
frontgatephoto@aol.com Website:
www.frontgatefunphotos.com Category: Concessions/Exhibits Business: Taking and selling guest photo+U222s at venue entrance gates
New Deal Entertainment Martin Bednar 3820 WILKINSON RD SARASOTA, FL 34233-3609 Phone: 941-320-0814 Fax: 941-927-7687 E-mail:
newdealer@comcast.net Website:
www.newdealent.com Category: Booking Agencies/Show Production/Management Business: We provide bands and strolling entertainment of all kinds
Belmont Magic Show Al Belmont 22 MONROE DR LAUREL SPGS, NJ 08021 Phone: 609-206-5244 Phone cell or alt: 609-206-5310 E-mail:
belmontmagic@verizon.net Website:
www.belmontmagic.com Category: Attractions/Entertainment Business: Spectacular magic show - beautiful portable stage - great entertainment!
Membership Applications available at
www.floridafairs.org
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