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Truckers End Four-Day Stike At Three All Four Of Four Struck Trucking Cos. at Ports of LB / LA; Teamster-Supported Action Targeted The Firms For Classifying Truckers As Independent Contractors, Not Employees


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(May 1, 2015, 4:03 p.m.) -- In the 3 p.m. hour, Justice for Port Truck Drivers announced that truckers have returned to work at Pacific 9 Transportation, the fourth of four companies struck and picketed by drivers seeking to be treated as employees and not independent contractors. Earlier today, truck drivers returned to work at three other firms they had struck and picketed (below.)


(May 1, 2015, 9:58 a.m., text updated 1:54 p.m.) -- Truck drivers -- who object to being classified as independent contractors instead of as employees and struck and picketed four trucking firms at the Ports of LB/LA -- have returned to work at three of the four companies four days after their labor action began.

In a release this morning, "Justice for Port Truck Drivers" stated that drivers from Intermodal Bridge Transport, Pacer Cartage and Harbor Rail Transport returned to work this morning [May 1] after a four day strike. The release didn't indicate ending the strike/picketing at Pacific 9 Transportation...and presumably the truckers will continue their actions against that firm.

The release didn't say why the truckers ended their action today (May 1) but quotes a Teamsters union official as saying the strike had been "completely successful.".

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The truckers' May 1 release asserts that the strike "drastically impacted company operations and left containers bound for the companies' customers...languishing on the docks...as nearly all marine terminals turned away trucks from struck companies. Ambulatory picket lines at one Port of Long Beach-based marine terminal that was accepting trucks from struck companies...[and] created massive back ups."

The drivers say the firms should classify them as employees, but are instead classifying them [allegedly illegally, the truckers say] as independent contractors. Classifying the truckers as employees would, among other things, allow the Teamsters to organize and potentially represent the truckers.

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[Truckers' release text] "I am very proud of what we have accomplished," said Hector Flores, a misclassified "independent contractor" at IBT and married father of two beautiful daughters. "For too long, we have been treated like the orphans of the port, disrespected by the boss and voiceless at work. Now we have earned the respect of the marine terminal operators and the world. We won’t back down until the boss respects us as well."

Fred Potter, Director, Teamsters Port Division, International Vice President stated in the release:

The drivers and the Teamsters consider this week’s unfair labor practice strike to be completely successful. The struggle for justice at the Southern California ports has made international news and was discussed in Congress this week. It is unfortunate that the ports must suffer delays because unscrupulous companies continue to violate the law and misclassify their drivers. However, we are beginning to see change in the industry as a number of some of the largest drayage firms have come to the table with the Teamsters to address the issue of misclassification and rights for workers. During the strike, we had an opportunity to talk to thousands of drivers on the long lines at marine terminals who are eager to join the struggle, and unless companies respect the law and properly classify their drivers, more and larger strikes are to be expected."

Port truck drivers in Los Angeles and Long Beach are challenging [allegedly] illegal misclassification and organizing to improve their lives. In addition to disruptive work stoppages, port drivers are engaging in the large-scale, collective use of legal remedies to secure their rights as employees. They are petitioning federal, state, and local agencies to remedy their misclassification, and filing numerous private wage and hour lawsuits. Our data shows that every federal and state governmental agency that has conducted investigations on the matter has consistently determined that port drivers have an employee relationship with the trucking companies for which they work...

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The Teamsters noted that one firm, Green Fleet Systems, LLC, reached an agreement with the Teamsters Union to enter into a [joint statement in release] "comprehensive labor peace agreement designed to ensure that Green Fleet's drivers have an opportunity to exercise their rights under the National Labor Relations Act and, if they choose, to select an exclusive representative for purpose of collective bargaining. This agreement also allows for the orderly conduct of business and insures that Green Fleet's loyal customers will continue to receive their deliveries timely and without interruption."

When the labor action began on April 27, Port of LB Executive Director John Slangerup issued the following statement:

[April 27 PoLB Exec. Dir. statement] -- The Teamsters union started ambulatory picketing this morning [April 27] at the Port of Long Beach. The Teamsters are targeting four non-union trucking companies that transport cargo to and from four of our Port’s 22 terminal operations.

"Dockworkers have reported to work and truckers have been able to enter and exit the affected terminals without delay. We do not expect that there will be any adverse impact to Port terminals or our ability to continue the outstanding progress that everyone has made in recent weeks to clear the congestion backlog and return to normal operations. The Port of Long Beach does not employ or contract with the drivers involved in this informational action, but we respect the rights of the drivers to picket. Our Harbor Patrol officers and Long Beach Police are monitoring the situation and they are keeping the roadways accessible to all who want to do business at the Port."

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Shippers using the Ports of LB and L.A., and other west coast ports, recently concluded protracted negotiations with ILWU dockworkers following cargo backups amid dueling charges/counter-charges over (management alleged) worker slowdowns. The negotiations produced a mutually agreed contract only after an in-person visit by the U.S. Secretary of Labor and threatened Washington, D.C. intervention.



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