CCJ

June 2015

Fleet Management News & Business Info | Commercial Carrier Journal

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20 commercial carrier journal | june 2015 journal news A protest to reclassify truckers at four California drayage firms from con- tractors to employees was noted dur- ing an April 29 congressional hearing, while picketing at Los Angeles area ports expanded to downtown Los Angeles. Early last month, the Teamsters-led strike against the non-union Pacer Cartage, Intermodal Bridge Transport, Pacific 9 Transportation and Harbor Rail Transport expanded to Union Pacific's Los Angeles Transportation Center. Protesters say truckers serving the Los Angeles and Long Beach ports have been misclassified as independent contractors instead of employees. Pac 9 truckers were on strike for the fourth time in less than two years, argu- ing that multiple agencies have declared them employees. The strikers say Pac 9 has not responded to these determina- tions, but that the company recently had increased deductions from their pay- checks for truck repairs. During a hearing on Capitol Hill, U.S. Rep. Janice Hahn (D-Calif.) asked Teamsters representative LaMont Byrd about federal avenues to promote fair treatment of truckers. The California Democrat said many port truckers are misclassified as independent contrac- tors, allowing companies to deduct business expenses from their paychecks. Additionally, delays getting chassis also contribute to trucker wait time, length- ening working hours, she said. "I have stood in solidarity with these truck drivers on the picket line, and many of these drivers have told me they are overworked and underpaid," Hahn said. "Recently they have won victories in the courts, but these unfair practices persist." The anti-coercion rulemaking may mitigate the situation, Byrd said. The Federal Motor Carrier Safety Administration hopes to publish a final rule in September that would hike penalties against carriers, shippers and brokers who coerce truckers to drive in violation of federal safety laws. Jon Slangerup, Port of Long Beach chief executive officer, previously had said a decrease in productivity was not anticipated from the strikes and that trucks had been able to enter and exit terminals without delay. During the previous two years, the Teamsters organized strikes to pro- test alleged labor law violations at the same port companies. In 2012, driv- ers filed wage and hour claims with the California Department of Labor Standards Enforcement and began suing for wage theft and misclassification. On April 27, a strike was adverted at a fifth Southern California drayage firm, Green Fleet Systems, after the company and the union announced a comprehensive labor peace agreement. Both said this allowed business to continue while ensuring driver rights under the National Labor Relations Act, including selecting a collective bargaining representative. West Coast ports still are recovering from the cargo backlog caused by the final four months of contract nego- tiations between the Pacific Maritime Association and the International Longshore and Warehouse Union. The dockworkers and port employers reached a tentative agreement Feb. 20 on a five-year contract. – Jill Dunn Port truckers strike, demand reclassification U.S. Rep. Janice Hahn (D-Calif.), shown visiting striking drivers, noted at a hearing in Washington her concern about driver classification and its effects on wages and safety. I have stood in solidarity with these truck drivers on the picket line, and many of these drivers have told me they are overworked and underpaid. – U.S. Rep. Janice Hahn, D-Calif.

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