Seven marine terminals at the ports of Los Angeles and Long Beach have been locking out companies targeted by protesters, according to the Harbor Trucking Association, a trade association representing drayage and intermodal carriers.
The Harbor Trucking Association (HTA), a trade association representing drayage and intermodal carriers, is complaining about “illegal labor activity” at the ports of Los Angeles and Long Beach as some drivers seek to become employees instead of owner-operators, and, in some cases, be represented by the Teamsters union.
Some drivers for one trucking company, Pacific 9 Transportation, have
been on strike for 15 weeks already, and this week some drivers from XPO
Logistics, Intermodal Bridge Transport have started picketing as well.
The Teamster affiliate group Justice for Port Drivers said drivers at Gold Point Transportation, which is owned by 3Plus Logistics Co., also went on strike Thursday.
“In response to the threats of picketing, seven marine terminals have locked out the targeted trucking companies. This action is in violation of the Uniform Intermodal Interchange Agreement (UIIA) and is unacceptable,” the HTA said in a press release Thursday.
“We understand the terminals and ports are making an effort to control the activities, however locking out a trucking company violates their contractual right to do business and could result in serious legal action against the terminals. If those picketing refuse to follow the law, it is the responsibility of the local law enforcement agencies to enforce the rules and allow trucks access to their cargo.
“These are not ‘strikes,'” added HTA. “A strike by definition requires those picketing to be employees of a company and to be contesting a collective bargaining agreement (CBA). Since those participating are neither employees, nor do they have a CBA, it is simply considered ‘picketing.’ The activity at satellite locations, such as marine terminals, is referred to as ‘ambulatory picketing.’ Picketing is also regulated by law and requires those actively participating to break lines to allow an easement to and from a property every three minutes. Continuous picketing without the three minutes picketing breaks is unlawful and illegal.”
Weston LaBar, the executive director of the HTA said that at terminals where there is no police presence, trucks have been blocked for long periods of time from entering terminals.
HTA said the activities of the Teamsters “directly conflict” with efforts by the two ports to efficiently and expeditiously move cargo, explaining they have “contributed to congested and increased turn times at terminals where ambulatory picketing has taken place.
“These actions have directly impacted both marine terminals and trucking companies that have not been a target of the campaign being lead by the IBT (Teamsters) and is unacceptable,” said HTA.
The Teamsters Port Division fired back at the HTA in a separate statement, saying the association “clearly understands little about strikes, picketing, or rights afforded drivers under state and federal law.”
“Contrary to the HTA’s press release a ‘strike’ occurs when workers withhold their labor in order to persuade their employer to improve working conditions,” said the Teamsters. “Strikes can be about collective bargaining agreements, but a strike is also a tool workers use to protest unfair treatment and unfair labor practices. In fact, both the National Labor Relations Board and the Supreme Court have long recognized the special status of unfair labor practice strikes.
“The HTA claims that the drivers on strike are not ‘employees.’ The Teamsters beg to differ,” the union added. “Many trucking companies misclassify their drivers as ‘independent contractors’ – in order to illegally shift the cost of doing business onto the drivers and illegally avoid paying taxes – while treating them as employees. Indeed, to date, every administrative agency or court who has considered the issue has concluded that port drivers are employees, creating millions of dollars of liability for port trucking companies. The drivers on strike this week are striking to protest unfair labor practices – based on charges filed with the NLRB – including unlawful misclassification.”
The Teamsters said HTA “has its head in the sand,” noting, “Worker misclassification is not an insignificant problem. In fact, the United States Secretary of Labor, Thomas Perez, calls worker misclassification ‘wage theft’ and ‘tax fraud.’”
HTA said out of 16,000 drivers registered in the two ports “less than one percent of drivers are actually participating in these activities. Many of the protestors are professional paid protestors. One of the companies being targeted had less than 3 percent of their drivers actually participating in the activities and the majority of picketers at their facilities have never been affiliated with their firm in a professional manner.”
But the Teamsters said, “The HTA’s claim that picketers are not actual drivers is simply false. Drivers from all of the striking companies, as well as drivers from unionized port trucking companies, have been manning picket lines. They have been joined by their Teamster brothers and sisters and community allies. Showing solidarity with fellow union members is a long and hallowed tradition within the Teamsters, for which we make no apology.”
HTA complains of illegal activity during drayage protests
