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Unionized workers refuse to cross truckers’ AB5 protest line at Port of Oakland

Independent contractor law protest gains momentum in California Tuesday with 1,000 port drivers

Clarissa Hawes
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Approximately 100 members of the International Longshore and Warehouse Union Local 10 refused to cross the protest line Tuesday as owner-operators blocked the gates of the SSA terminal in Oakland. (Photo: Clarissa Hawes/FreightWaves)

OAKLAND, Calif. — Approximately 100 members of the International Longshore and Warehouse Union Local 10 refused to cross the protest line Tuesday as owner-operators blocked the gates of the SSA terminal, which is the largest operator at the Port of Oakland, in opposition of California’s controversial independent contractor law, AB5.

Nearly 1,000 owner-operators, who showed up early Tuesday, also blocked access to the TraPac and Everport terminals, basically shutting down most of the container movement at the port.

Read More: Hundreds of truckers block Oakland terminal access to protest AB5

FreightWaves interviewed some longshoremen who refused to work Tuesday, saying they stand with the truckers.


“We are working without a contract right now so we support the owner-operators and understand what they are trying to do,” said George, a nine-year ILWU member. 

Another longshoreman said he isn’t sure whether the dockworkers will work Wednesday either as protesters say they plan to continue the fight against AB5 for “as long as it takes.”

“We stand for it,” Mark, who declined to give his last name, told FreightWaves as he headed to his car. 

After a slow start early Monday, the protest has grown to nearly 1,000 owner-operators as more become aware of the potential impact AB5 could have on their trucking businesses.


Gurlal Dhillon has worked in the logistics industry for more than 26 years, with the last six years as a drayage driver serving the Port of Oakland. 

He started messaging port drivers Monday about the importance of protesting AB5. The group has grown to over 900 members, with many turning out to show their support Tuesday.

“This is an important issue for California owner-operators,” Dhillon told FreightWaves. “Many thought they would be exempt from AB5, but now they realize the impact.”

Oakland protesters, who own their own rigs and currently choose which loads they want to take, don’t want to work as company drivers as many would be forced to do under AB5. 

Ongoing legal challenges prevented AB5 from going into effect in January 2020. The law stems from the California Supreme Court’s decision against Dynamex Operations West Inc., a package and document delivery company. The court found that Dynamex had misclassified its delivery drivers as independent contractors rather than employees and that all California-based companies that use independent contractors must follow the “ABC test,” a three-pronged determination whether a worker is an employee.

The B prong defines an independent contractor as a worker who is engaged in “work that is outside the usual course of the hiring entity’s business.” That is problematic for motor carriers utilizing independent owner-operators to move freight.

Truckers gathered for a second day Tuesday to protest AB5, blocking trucks from entering SSA and TraPac terminals at the Port of Oakland. (Photo: Clarissa Hawes/FreightWaves)

Some owner-operators said they initially planned to protest Monday and then go back to trucking. However, they decided to demonstrate for another two days after the Port of Oakland “downplayed the impact” of the protest, which shut down all of the terminals Monday and evening shifts were canceled.

On Monday, Robert Bernardo, director of communications for the Port of Oakland, said port officials were closely monitoring the situation. However, he disputed estimates by those on the front line Monday that the number of protesters was between 300 and 400 owner-operators. Bernardo put the number at 100 to 130 truckers.


“There is some traffic congestion at both TraPac and SSA terminals, so we are working closely with our maritime stakeholders to ensure a safe and continued flow of commerce,” Bernardo said via email to FreightWaves.

This is a developing story.

49 Comments

  1. Rudy

    Hi I’m Rudy, I just want to say that I support the independent truck drivers, but I think that they are protesting against the wrong people. They should go protest to the Uber and Lyft driver because they are the ones to blame for this law. They only looked at there benefits. Not who it was going to hurt

  2. Andy

    So Ab5 was essentially for the good of package delivery drivers? Then amend the law so anyone operating a vehicle that requires a CDL class A is exempt.

  3. Berto

    It’s ab5 that tells us how to do business? We been doing this for the past 30 years + and California just seem to look for a way to put owner operators out of business. Diesel prices, fuel taxes and + road and pavement taxes?? Ab5 Is Not the biggest problem. The biggest problem is the CARB regulation they’re bringing in 2023 which is truck that are 2010 and under are going to have to be put out of circulation. How many people have invested in these assets as for California to come and say “you can no longer operate”. Who voted for all these regulations to be passed ? Is California some type of dictatorship state that just wants to do what it wants without our people votes? If there is a Vote about this let me know about it cause I never heard of such a vote.

    1. John PETERSON

      You say selfish but what about the drivers who aren’t o/o’s and they are not making any money, along with the companies they work for. I like my company and a lot of people are suffering because of this. letting company drivers in is still going to hurt the port but it won’t affect fellow drivers. Also, what if my company goes out of business because protesters keep it closed for a long time? Isn’t that selfish on them?

  5. TODD PETERSON

    I’m a company driver who has missed two days of work so far. I feel no sympathy for the protesters because they are affecting my livelihood with threats of damage if I cross their line. I will never help an owner-operator at the port for a long time now.

    2. Chris

      It’s not about you Todd. It’s about everyone. And all of these owner operators are up s**t’s creek over this law that violates freedom, independence, and economic autonomy. You have to crack a few eggs to make an omelet. thinking about what could happen if we blindly accept this law, future ain’t looking good if we do. Have some courage for those who just lost ownership of what they work their tail off to keep under their name. One last time, It’s not about you Todd, so stop making it about yourself when honest and hard working people are suffering. Take care.

      1. TODD PETERSON

        I’m honest and hardworking also. I’m suffering to. Alot of other drivers, besides myself, are suffering because of this. The problem is that they are not taking into account the people who have no say in this matter but are losing money because of this blockage. Go to Sacramento and take care of the problem there.

      1. TODD PETERSON

        I take back what I said about not helping o/o’s. They have helped me, and I helped an o/o who was having trouble finding his way. I know they are pissed, but they are affecting fellow drivers with violence. Not a good way to endear yourself.

  6. William P North

    AB5 frees you from broker constraints demands and abuse…..get your own dot# and insurance…takes 2-days while your working and man up and get over it…..its the law now…you are only hurting yourselves and delaying compliant drivers.

        1. Joe

          Well they will need a lot of money. Unless they use a factoring company but most owner operators who are least get a check every week versus going with waiting for the broker to pay you

    3. Bob Curry

      Are you kidding?

      AB5 prevents larger carriers from hiring small O/O (whether the O/O has DOT authority or not) and have to turn away load(s) from shipper(s) if they can not cover the load(s) using employee drivers. The shipper(s) then HAVE to go to BROKERS to get the load(s) covered. The BROKERS benefit from this. The only way an O/O can benefit is if the O/O successfully solicits and gets shipper(s) as direct customers. Even then the O/O has to take on billing and collections, often with 60 day net payment terms.

  7. Bethany Oliver

    Google is presently paying $10447 to $13025 every month for working on the web from home. I have joined this activity 2 months back and I have earned $15248 in my first month from this activity. I can say my life is improved totally! Look at it what I do…

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