If you’re wondering what all the fuss is about down at the ports of L.A. and Long Beach, where drivers have been on an Unfair Labor Practice strike since Monday, think Nike during the 1990s. Remember the barrage of news stories and reports about the horrendous conditions endured by workers at plants run by Nike contractors? Remember how the company tried for years to distance itself from the practice of its contractors, even though it had the power all along to put an end to the exploitation?
The same story is unfolding right now in Southern California, where multinational retailers are refusing to take responsibility for the egregious abuses of their contractors. A case in point is Skechers, which recently supplanted New Balance as the nation’s fifth-largest athletic footwear brand.
Based in Manhattan Beach, Skechers is experiencing enormous growth in sales and profits. In the first quarter of 2014,
» Read more about: Skechers’ Labor Troubles: A Nike for the 21st Century »
One hundred twenty truck drivers who haul freight to and from the twin ports of Los Angeles and Long Beach went on strike Monday against the three companies they work for. The work stoppage, which has no announced end date, was called to protest alleged retaliation by Green Fleet Systems, Total Transportation Services Inc. and Pacific 9 Transportation, as well as the drivers’ long hours and low wages. Perhaps more important, the strikers are motivated by their determination to end the companies’ practice of classifying drivers as “independent contractors” – a status that allows the firms to treat their workers as second-class citizens and to avoid contributing payroll taxes to the state and federal governments.
On Wednesday rock-and-protest icon Tom Morello showed up on Terminal Island to support the strikers. The Rage Against the Machine guitarist and Watchman singer strummed a guitar labeled “Black Spartacus”
» Read more about: Scenes From the Port Truck Driver Strike: Tom Morello Performs »
Byron Contreras has seen almost everything in his 15 years as a truck driver, but there’s one thing he’s still looking for – respect.
That word comes up repeatedly in a conversation with Contreras, an employee of Green Fleet Systems who, along with 120 other drivers, walked off the job Monday, slowing down operations at the nation’s largest port complex. The drivers and a small army of supporters have been picketing the yards of Green Fleet, Total Transportation Services Inc. and Pacific 9 Transportation, as well as marine terminals at the Ports of L.A. and Long Beach.
The strike – the fourth one in the last year involving local port truck drivers – comes as the port trucking industry continues to reel from a string of devastating decisions by courts and government agencies. These rulings have confirmed what critics have been saying for years – that the mistreatment of truck drivers is not only immoral,
» Read more about: Wheel Man: Interview With a Striking Port Truck Driver »
One hundred twenty truck drivers who haul freight to and from the twin ports of Los Angeles and Long Beach went on strike Monday against the three companies they work for. The work stoppage, which has no announced end date, was called to protest alleged retaliation by Green Fleet Systems, Total Transportation Services Inc. and Pacific 9 Transportation, as well as the drivers’ long hours and low wages. Perhaps more important, the strikers are motivated by their determination to end the companies’ practice of classifying drivers as “independent contractors” – a status that allows the firms to treat their workers as second-class citizens and to avoid contributing payroll taxes to the state and federal governments.
Today workers at the Port of Savannah, Georgia also threw up picket lines to protest similar treatment by local trucking companies. According to WJCL TV, Teamsters Local Union 728 “has called on the Georgia Ports Authority to come out publicly condemning the classification of port truck drivers as contract employees rather than full-time.”
» Read more about: Scenes From the Port Truck Driver Strike »
For the fourth time within the past year, port truck drivers have struck short-distance hauling companies over a list of unfair labor practices that include low pay and the endemic misclassification of drivers as “independent contractors.” Misclassification has condemned drayage employees who work at the Ports of Los Angeles and Long Beach to a status of modern serfdom. Port drivers often work 16 hours a day and are financially responsible for the fueling and upkeep of their high-maintenance vehicles – yet their take-home checks can amount to less than minimum wage, thanks to company deductions that charge drivers for everything from gas to insurance.
The strike began early Monday, when drivers who work for Green Fleet Systems (GFS), Total Transportation Services, Inc. (TTSI) and Pacific 9 Transportation (Pac 9) began picketing the companies’ truck yards, as well as the marine terminals of the two giant ports, which receive 40 percent of the nation’s imports.
It’s 5:45 a.m. on Wednesday morning and it’s been a long night for Dennis Martinez and his fellow port truck drivers.
Martinez is nearing the end of a 48-hour strike against Total Transportation Services, Inc. (TTSI), the logistics company for which he has worked for two and a half years. The drivers are about to go through the toughest part of the two-day action – asking the company they have been striking against if they can return to work.
The fatigue shows on Martinez’s face. He hasn’t gotten much sleep but he expected that. He knew taking on a wealthy company wasn’t going to be easy.
A slender man dressed in a gray Aero sweatshirt, jeans and tennis shoes, Martinez is 29 but can pass for a teenager. He keeps headphones in his right ear just in case he needs a pick-me-up from Daddy Yankee and Pit Bull, two of reggaeton’s biggest artists.
» Read more about: Daring to Dream: Portrait of a Port Driver »
Port truck drivers today continued a 48-hour strike to press their demand to be treated as employees of trucking companies rather than as independent contractors. The distinction is crucial to thousands of drivers who service the nation’s largest port complex, including the more than 100 strikers who drive short hauls for Pacific 9 Transportation, Total Transportation Services, Inc. and Green Fleet Systems. Currently misclassified by the companies as private contractors, these drivers, like the majority of U.S. port truck drivers, are denied overtime wages, workers compensation, disability and a host of other benefits, and must pay for the fuel and maintenance of their vehicles. Furthermore, after paycheck deductions many drivers earn poverty wages despite working long hours during six-day weeks.
At a noontime media event held in Wilmington Waterfront Park, TTSI driver Dennis Martinez told a crowd that “We had to strike because they didn’t want to listen. They didn’t want to deal with us.”
The years-long fight of Los Angeles Port truck drivers to be recognized as company employees– instead of “independent contractors” who lack workplace rights and protections – burst into a 48-hour strike this morning. The work stoppage by drivers for four major trucking firms is organized by Justice for Port Drivers and is targeting the marine container terminals at the twin ports of Los Angeles and Long Beach.
Despite winning a string of labor court rulings in wage theft lawsuits, the drivers say they are still misclassified as independent contractors. That misclassification has meant that drivers are denied overtime wages, workers compensation, disability and a host of other benefits, and must pay for the fuel and maintenance of their vehicles. It has also guaranteed that after paycheck deductions, many drivers who work long hours during six-day weeks earn poverty wages.
This is the second strike in six months by drivers,
It’s been a long, dark road for America’s port truck drivers, but finally there’s a light at the end of the tunnel. After nearly 30 years of ruthless exploitation by the trucking industry, the drivers who transport the goods that fuel our consumer economy may be poised to rejoin the country’s middle class, thanks to an important determination by a regional office of the National Labor Relations Board.
Last month, the NLRB’s Los Angeles office announced the settlement of a casebrought by truck drivers against Pacific 9 Transportation Inc. The drivers alleged that the company had illegally used threats and intimidation to prevent them from exercising their right to form a union, a practice that is rampant across the country thanks to our lax labor laws.
But here’s where it gets interesting. Pac 9’s drivers are considered independent contractors by the company and, according to labor law, independent contractors —
» Read more about: America’s Sweatshops on Wheels Find a Light at the End of the Tunnel »
Almost 50 years ago, Bob Dylan recorded with an electric guitar and band for the first time and produced Subterranean Homesick Blues, a culture-altering event that claimed, among other things, that, “you don’t need a weatherman to know which way the wind blows.” That song signaled a cultural change that resonated with forward-looking people of the time, but the truth was ignored or dismissed by those who preferred to look back. Similarly, this is a moment when the wind is blowing strongly in the direction of justice, and those who ignore it risk being left behind.
In previous articles, we have highlighted the prevalent fiction of “independent contracting,” a deception that affects the 12,000 port truck drivers who dray goods out of the Ports of Los Angeles and Long Beach, among the 75,000 drivers nationwide. Drivers in the current system must pay a lease on a truck,
» Read more about: Port Drivers’ Misclassification Homesick Blues »
Beatriz Rios-Nava, 57, has been driving trucks for 10 years. Since starting with a company at the port in Long Beach, she has passed the long hours of waiting in shipping yard queues by taking phone-camera snapshots of her environment: her morning coffee and bread nestled on the dashboard of her truck, her co-workers picketing for unionization outside of their company. Her growing collection of images documenting her life on the piers of Long Beach will be showcased in Solitude to Solidarity, a weeklong group exhibit that runs for the next week. (See information at the end of interview.) I spoke with her at her home in Compton, which she moved into three years ago, hoping to settle somewhere closer to her work. We sat on a black leather sofa in her living room, beneath a hanging dreamcatcher, as she attempted to calm her dog Picasso, who was excitedly bouncing between us.
» Read more about: Beatriz Rios-Nava’s Truck-Driving Odyssey »
Several leading port trucking companies have taken a bold new position in the ongoing battle over whether or not they are misclassifying drivers as independent contractors. In recent filings with the U.S. District Court, they have attempted to position themselves as beyond the reach of California’s employee protection laws. In effect, they are saying that whether or not they are misclassifying drivers there is nothing the State of California can do about it.
Some background: Of the approximately 12,000 port truck drivers in Southern California – about 110,000 nationwide – the overwhelming majority are improperly classified as “independent contractors.” This has dramatic repercussions, as these low-income, mostly immigrant drivers are thereby denied basic workplace rights and protections: no minimum wage or overtime or OSHA protections, no disability or workers comp or unemployment insurance, no legal right to organize a union. Instead, drivers are saddled with payments for the trucks they drive,
» Read more about: Trucking Companies to California: Your Puny Laws Don’t Apply to Us »
The twin harbors at the Ports of Los Angeles and Long Beach handle 40 percent of the nation’s imported cargo and generate some of the best middle-class jobs in Southern California. And yet it would be a serious mistake to believe that all who work in the transportation of goods share in the bounty provided by port traffic.
Writing in today’s Los Angeles Times, Congresswoman Janice Hahn notes that “many of the truck drivers who serve the ports find themselves stuck at the bottom of the economic ladder because of the way their employers classify and exploit them.”
The drivers Hahn speaks of are mostly immigrant workers employed by companies who label them as “independent contracts” — a ploy that enables the companies to deduct their own trucking-related business expenses from their drivers’ wages. Hahn recalls speaking to drivers who have told her that, under this system,
» Read more about: Janice Hahn: Port Drivers Must Be Treated Fairly »
This afternoon about 100 port drivers will return to their jobs after staging a 36-hour walkout. The unfair labor practices strike, which was supported by the International Brotherhood of Teamsters Local 848, was called to protest what drivers say is employer retaliation for trying to organize a union. The companies targeted in and around Carson were Green Fleet Systems, Pac 9 Transportation and American Logistics International. The drivers claim they’ve been intimidated and harassed for their organizing efforts – employer actions that are against U.S. labor law.
In addition to the retaliation allegations lodged with the National Labor Relations Board, wage-theft charges have been filed with the state against Pac 9 for misclassifying its employee drivers as “independent contractors” – a ploy that has allegedly allowed the company to deduct its business expenses from the drivers’ salaries.
The striking port drivers did not walk the line alone – Teamsters from the Toll Group,
» Read more about: Port Truckers Strike to End This Afternoon »
Twenty-seven port truck drivers walked into the Rancho Dominguez offices of Total Transportation Services, Inc. (TTSI) Thursday and presented their employer with a petition. Their demand was simple: to be properly recognized as employees. TTSI is one of the largest port trucking companies in the twin ports of Los Angeles and Long Beach. TTSI’s business model – like the vast majority of port trucking companies in the country – relies on misclassifying its drivers as independent contractors.
When companies like TTSI misclassify their employees, they not only deprive the public of much-needed revenue by avoiding taxes, they also deprive workers of hard-earned wages by deducting business expenses like lease payments and fuel from drivers’ paychecks.
As TTSI driver Jose Rosales states, “Some weeks we aren’t even breaking even. How can I build a future for my family this way?”
Rosales and his fellow TTSI drivers who delivered yesterday’s petition are also seeking recourse through the California Division of Labor Standards Enforcement (DLSE),
» Read more about: TTSI’s Port Drivers Demand to Be Treated as Employees »
Seven years ago, the Coalition for Clean and Safe Ports came together with one simple goal: to fix the broken port trucking system. For too long, port trucking had been a case study in market failure: The trucks spewed emissions that killed three area residents each week; a fragmented, inefficient market led to delays for cargo interests; and truck drivers had among the lousiest jobs around. So we came together – environmentalists, faith leaders, immigrant rights groups, union organizers and others – and worked with the Port of Los Angeles to develop what became the award-winning Clean Truck Program (CTP).
We’ve made great strides toward some of our goals. The entire fleet of about 12,000 trucks has turned over. No more 60-year-old trucks in service (no joke!). All trucks have cleaner engines and truck emissions have decreased an estimated 80 to 90 percent. Residents around the port – and along major trade freeways like the 710 – are breathing better and we’re making a real dent in children’s asthma,
It is 3 p.m., June 27, 2013 and I find myself walking on the sidewalk along Pacific Coast Highway in Newport Beach. Just like any other day in Southern California, the skies are blue, the sun is bright gold and the owners of new BMWs, Mercedes Benzes and Maseratis speed down the highway without a care in the world. Unlike any other day, I find myself among a delegation of community members, clergy, reporters and union representatives in support of Joe Dickson and his co-workers.
We march towards the elegant Newport Beach Balboa Bay Country Club to speak with Alireza Mahdavi before he gives a speech to a group of investors and financiers at a convention. We certainly did not pay $900 to have some alone time with the CEO of American Logistics International; I don’t think any of us have that kind of money to spend on a chicken dinner alone.
» Read more about: Alireza Mahdavi: Come Out, Come Out Wherever You Are! »
What would you do if your employer charged you a fee for everything you needed to work for them: your office desk, your computer, your phone line, your chair, your share of the water cooler and internet connection? What would you do if at the end of a week you were left with just one percent of your paycheck after all these had been deducted? How long would it take for you to stand up and refuse to keep paying to access the tools that allow you to do your work?
As you can see in the paycheck image above, that is the situation that truck drivers from the port trucking company, Pacific 9 Transportation, are facing. Drivers at Pac 9 move cargo to and from the ports of L.A. and Long Beach. The trucks they drive are leased from the company at $125 per week ($537.50 per month). In addition to the lease,
» Read more about: Port Truck Drivers Seek Millions in Owed Wages »
Tonight, port truck drivers employed by Green Fleet Systems, which contracts with companies like Skechers and Huffy bikes to haul cargo containers on and off the Ports of Los Angeles and Long Beach, began a 24-hour Unfair Labor Practice strike. The strike started at 5 p.m., the beginning of the night shift, and will continue through Tuesday when the day shift arrives. As a Green Fleet day shift driver, I will be joining the night shift picket line and then will be on strike myself starting at 5 a.m. Tuesday. We are striking to protest harassment and intimidation by Green Fleet management.
I have been a port truck driver for 13 years. I have been driving for Green Fleet Systems (GFS), based in Carson, for the last three years. During my time as a port truck driver, I have seen how the port trucking industry works. Port drivers like me are often kept at low wages with few benefits,
Los Angeles Port Drivers and workers across America all have one thing in common: We are working harder than ever but struggling just to get by.
Our economy is stalled out. Households in the middle have seen their income slashed relative to today’s cost of living, and the new jobs being created don’t pay enough for people to make ends meet. That’s why workers at the ports of Los Angeles and Long Beach, and across America, are joining together to demand a fair wage and the right to form a union without retaliation.
Los Angeles’ port drivers are fighting for a wage that will allow them to cover their basic needs and help get our economy moving again. For port drivers working at Green Fleet Systems in Carson, California, their effort to form a union has been met with fierce resistance and illegal retaliation.* Drivers have had enough and are stepping up their fight for justice,
» Read more about: Port Drivers Send Message to Green Fleet Systems »