"The Ohio Nursery & Landscape Association (ONLA) recently provided
$5,000 to support a legal challenge to the H-2B program rule. This legal
challenge, supported by many industries that will be adversely affected
by the rule change, seeks to block the U.S. Department of Labor’s
implementation of the new rule on April 23, 2012. An earlier legal
challenge to the wage rule is still pending in Northern Florida. If the new program rule takes effect, it will make substantial changes
to the H-2B program. It requires employers to hire any qualified U.S.
worker up to 21 days before the H-2B worker is scheduled to begin, even
though the employer may have already offered the job to the H-2B worker,
assisted with the visa process and paid transportation, housing and
other associated fees. The rule also includes labor unions in the hiring
process and requires employers to pay transportation and subsistence
costs for potential U.S. workers who work at least 50 percent of the
season. In addition, the rule includes provisions requiring employers
to pay workers with “corresponding employment” duties similar wages." - Garden Center Magazine, Apr. 9, 2012.
I think Ohio make the right move by challenging the said party.