By TOM KELLY
Editor and Publisher

The Migrant and Seasonal Agricultural Workers Protection Act has been around since 1983, when it replaced the Farm Labor Contractors rules. And now it's getting serious for forestry, says Dr. Allen Barnes, professor of forestry law at Mississippi State University.

Dr. Barnes was one of a slate of eight experts who addressed the Northeast Louisiana Landowners Association seminar on forest law and policy, at the Ruston, Louisiana Civic Center on June 18.

The regulations go by the acronym of MSPA - they say "Mizpah" - and forest landowners who use labor contractors for forest land improvements should become acquainted with their impact.

Dr. Barnes told the group, "MSPA applies to forestry, and the U.S. Department of Labor has implemented a major effort to assure forestry compliance. The goal is to have 90 percent compliance by 2002," he said. "It is the Number One legal issue today in dealing with independent contractors."

With 2.6 million acres per year planted in trees in the South, virtually all labor is by migrant seasonal workers managed by independent labor contractors, Dr. Barnes told the approximately 125 landowners, foresters, and loggers present at the Ruston forestry law forum. In many if not most timber stand work performed on behalf of non-industrial private landowners, a consulting forester is hired by the landowner, who in turn engages various service contractors to do timber marking, harvesting, site preparation, re-planting, and other operations such as herbicide application and fertilization.

Typically, the landowner has little if anything to do directly with the forestry operations, relying on his consulting forester or labor contractor to supervise labor crews, secure materials, and implement practices agreed on between himself and the consultant or contractor.

Yet, says Dr. Barnes, unless the landowner meets a fairly strict set of legal guidelines, and deals with reputable and financially responsible contractors, he can be held liable for obligations to the laborers. Issues for which the landowner can be jointly liable include wages, payroll records, labor housing, transportation, and insurance.

"Low bid does not equal least cost," Dr. Barnes warned, referring to dealing with independent contractors who may or may not be legally and financially equipped to meet the requirements of MSPA to migrant and seasonal workers. Unless legal guidelines are met strictly, the landowner may become a "joint employer" under MSPA doctrine, which has been applied routinely for years in general business work situations.

"You may delegate the work, but not the liability," said Dr. Barnes, unless guidelines are met. These include issues of the nature of control over workers, the nature of work performed, employee opportunity for profit or loss, employee investment in equipment or materials or employment of other sub-contractors, special skills required, and location of the work performed.

These issues are interpreted under rules of "economic reality," Dr. Barnes said, and may involve the landowner in labor liability.

A new concept in labor law, said Dr. Barnes, is that "supervision is present whether orders are conveyed directly to the laborers, or indirectly through the contractor" by the landowner for specific performance.

Violations of the MSPA regulations can expose landowners to fines of from $1,000 to $10,000, and criminal liability of one to three years jail time, plus creating a cause for private actions on behalf of aggrieved parties.

Beyond labor laws are issues of legal resident status, where migrant labor is involved.

Unwanted 'Partners' in forestry
Former State Senate President Randy Ewing of Jonesboro, a landowner and timber producer, told the Ruston group they must become pro-active to avoid losing more control over their land assets during the next 20 years.

In an earlier time, owning land meant having control of it, Ewing said. However, today there are "partners" whose efforts will cause an erosion of landowner rights in the name of the environment and other issues.

"If you value your assets, you can't live with the threat of apathy. Others will take it away, and your 'partners' will willingly set the agenda."

The former State Senator pointed out that members of Congress and Legislatures primarily people who are from cities, and who have little connection with agriculture and forestry. Populations of non-metropolitan regions continue to decline, and as reapportionment further reduces representation from those connected with the land, activists whose interests involve sharing private land for non-private uses will grow in influence.

Major issues for private landowners include tax rates for farm and forest lands, and trespass laws.

"In the past several years you have got a lot of new partners who want to help you use your land, but who don't help you pay the taxes," Ewing said.

"Land ownership will be good economically," Ewing said. "And the other pleasures of ownership give good reason to protect the rights to your land. It is very necessary to fight for your rights."

Other presenters on the Ruston program included Dr. Paul Coriel, LSU AgCenter, on TMDL and other federal issues; Ron Chance, T.L. James & Co., an update on the 2001 Louisiana legislative agenda; Dr. Mike Dunn, LSU AgCenter, on Canadian Softwood Agreement, and on property rights takings; Farmerville attorney Chuck Earl, on boundary law and timber trespass; Tom Trahan, Louisiana Office of Forestry, on timber theft and new "logbook" laws; and attorney Paul Spillers, on estate planning and taxation.