Letters to the editor
Time for reality check?
Dear Editor:
I wish to comment on the following articles published Nov. 5 – No American Express for Visa Applicants and Dec. 3 – H (Not) 2B, MMSA withdraws [second] application.
MMSA was denied certification by the U.S. Department of Labor (DOL) of their application for H-2B visas for 45 positions, 33 of which would be for ski school. “It’s heartbreaking” said MMSA Senior Vice President Pam Murphy of the decision. “We’ve thrown every resource we have at this. …”. Oddly, neither article mentions why our government denied certification. The H-2B non-immigrant program permits employers to hire foreign workers if they meet the following criteria:
(1) there are not sufficient U.S. workers who are capable of performing the temporary services or labor at the time of filing the petition for H-2B classification and at the place where the foreign worker is to perform the work; and
(2) the employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Obviously, MMSA failed to convince the DOL that there was a lack of American workers with the skill set necessary to fill the various seasonal jobs and/or that employing foreigners would not have an adverse effect on American workers.
California has the 2nd highest unemployment rate in the nation at 11.7% with over 2 million collecting unemployment benefits. The so-called underemployment rate is 16% nationally. In light of these statistics I do not believe MMSA could not find Americans to hire for lift crew, housekeepers, ski instructors or do slope grooming. MMSA made a business decision to hire foreigners because of the simple fact they will work for lower wages than Americans. The article acknowledged that “many ski areas have dropped their H-2B visa programs as being a costly and painful process” which implies there are enough Americans to fill the seasonal ski area positions.
The article states that in the past MMSA had 200 H-2B visas granted for “housekeepers, lifties, and groomers in addition to instructors and coaches.”
“Over the years, MMSA narrowed those jobs openings down to what Murphy called “our true need, which is instructors.”
Ms. Murphy’s quote implies that MMSA abused the H-2B visa program in the past because now they have narrowed it down to “our true need.” If MMSA “true need” is ski instructors then what are the other 12 non-ski school positions for?
The article acknowledged increasing controversy of the H-2B visa program “given the economic difficulties faced by domestic workers.” Murphy said as a result “the government is coming out with laws that make it harder to get H-2Bs” visas. What appears to be happening is that our government has begun to enforce the visa and immigration laws that have been on the books for years, not that there are any new laws.
For example, U.S. Immigration and Customs Enforcement agency deported 400,000 illegal aliens in 2011, most not for immigration violations but for violations of other laws. This was the largest number of deportations in the agency’s history. I think it is likely the administration, unable to get the Depression-level high unemployment numbers down, has resorted to enforcing some of the visa and immigration laws now on the books, thus reducing the size of the labor pool providing more employment opportunities for Americans. Currently annual allocations of work visas and immigration are set numbers lacking any ties to what our unemployment levels are. When there is low unemployment, about 4%, the allocations could be higher and when there is high unemployment they should be lower.
In a larger context, it is all about cheap consumer goods and cheap labor – the free flow of goods, capital, and labor across international borders to maximize the profits of the transnational corporations at the expense of the middle class and working poor – Globalization, free trade. Our elected representatives have adopted the mindframe that Mammoth Lakes has an affordable housing problem when in fact we have a living wage problem. When the labor market has significantly more workers than jobs it inherently drives down wages, the situation we are now experiencing. Entrepreneurs, venture capitalists and MMSA are not the “job creators.” They can start a business based on a great idea or service, and hire many people. But if no one can afford to buy what they have to sell, the business will soon fail with those jobs disappearing. The spending of most of their income by ordinary middle class workers creates consumer demand, the real job creators.
MMSA is owned by Starwood Capital Group, a privately held global investment firm run by Barry Sternlicht. MMSA appears to be only a small portion of their overall portfolio. Last April, MMSA CEO Rusty Gregory, the featured speaker at the Lions Club luncheon said “Mammoth is on pace to record its best-ever year in terms
of company revenue, and is 6.5% ahead of last year.”
MMSA 2010/2011 gross revenue was about $145 million. MMSA is worth $500 million with Rusty Gregory owning a 15% share ($33 million) so it appears they are extremely profitable.
What I find heartbreaking is the corporate greed and anti American business practices by MMSA management. Buy American – Hire American, the alternative is a race to the bottom with the continued decline of the middle class and democracy itself.
Gary Guenther
Mammoth Lakes
Let there be rentals
Dear Editor,
In answer to Gregg Martino’s letter (published Dec. 3), I do live in a single family residence, and I would much prefer to see the second homes around me occupied, whether for a weekend or a month, than see a rash of Bank Owned For Sale signs.
Times change and circumstances change. Nothing is engraved in stone. Although you may think it unfair, I would not want to tell a second homeowner that he has no choice but to let that home go into foreclosure because, temporarily, he can’t rent it out on a short term basis.
I’m a caterer, Mr. Martino, and I have catered many family gatherings in homes that were rented for a long weekend or a week. They do not create “noise, disruption and general unwanted activity associated with nightly rentals.”
Evie Werthmann
Mammoth Lakes
Thanks, Doc!
Dear Editor:
This year’s holiday gift started last May. Benny, our ever-loving furry boy [ a Standard Poodle] was diagnosed with a genetic condition called Mega Esophagus, in which the esophagus becomes enlarged, and does not propel ingested food and water into the stomach.
After much angst over surgery to install a feeding tube to save his life, then a second opinion from a veterinarian who told me to put my guy down, our local Mammoth Lakes vet, Dr. Teslaa, was determined to do what he could in Benny’s best interest.
It would take too much space to detail all the ways Dr. Teslaa was available for us on weekends, nights and there for us whenever we were in need of help. Suffice to say that due to his constant care and support, Benny is back to being his crazy doggie self!
Thank you, Dr. Gaylon Teslaa! Happy Holidays to all our furry loved ones.
Randee Levin
Mammoth Lakes
Agreement needs scrutiny
Dear Editor:
While I have seen improvements made in the Measure R application process each year, the related “Master Agreement” between the Town and MLTPA needs public scrutiny and renegotiation.
The Master Agreement, in the form of a Professional Services Contract, was developed before the current Town Manager came in, and, in my view, is a very loosely-written and rambling document. Its intent was that through a series of amendments, MLTPA could bring individual trails projects forward for funding. While some changes have been made to clean up the agreement, it is time to review its relevancy and its many “projects” that appear to be too geared towards MLTPA organizational support.
The two amendments funded through Measure R multiple year awards and General Fund gap funding have at least 21 overlapping and duplicate projects having little to do with tangible trails deliverables. This means that a portion of Measure R is used for MLTPA overhead, not for trails. Moreover, MLTPA has high overhead costs and a large number of well-paid staff, yet direct and indirect costs are not clearly spelled out.
In this Professional Services Contract, MLTPA is the “sole-source contractor.” As such, no competition from any qualified contractors (photographers, facilitators, GIS/website/data contractors, others) was considered for any of the projects. “Deliverables” with vague or no ending dates were developed by MLTPA, not by the Town, and with little or no apparent scrutiny by the Recreation Commission or Council. MLTPA-written “projects” are MLTPA priorities, not necessarily Town priorities. For example, $21,500 is allocated for MLTPA’s quarterly reporting. Why should taxpayer money pay for MLTPA’s report to the commission, when no other recipient of Measure R funds is similarly paid? It is highly unusual to
charge grants for required reports, and in addition seems to me to be a perverse incentive.
It is time for the Recreation Commission and Town Council to ask Town staff to evaluate the Master Agreement and its amendments, to see if there’s interest from other professional consultants to perform at least some, if not all, of these currently costly services. In this difficult economy, professional consultants or other governmental staff might be interested in competing for some “projects.” For example, the Town, Mono County, and Mammoth Community Water District have an interagency agreement for GIS and other data management; it seems logical that the future trails website would reside there, as it is Town property, not MLTPA’s.
By starting a review of this agreement, the Town would be in charge, rather than the consultant. In any case, it’s time to replace the current agreement with one of the Town’s making, not one written by MLTPA, so that the true costs of each project are clearly described, including required Town staff time.
Sandy Hogan
Mammoth Lakes




