Port of Oakland urges change in truck regulation
The Oakland Board of Port Commissioners executive committee unanimously approved a resolution urging Congress to amend federal transportation legislation to give ports regulatory control over harbor trucking.
An amendment to the Federal Aviation Administration Authorization Act, as supported by Oakland, would make it easier for unions to organize harbor truck drivers, although the resolution does not specifically mention unionization.
This development follows efforts by the Port of Los Angeles and some members of California's congressional delegation to restructure trucking law. For example, the Los Angeles clean-trucks program attempted to mandate that harbor trucking companies hire their drivers as employees. Most ports today are served by independent owner-operators that contract with harbor trucking companies to move freight.
Six members of California's congressional delegation in June wrote a letter to the House Transportation Committee urging Congress to update the 30-year-old FAAAA.
The Oakland resolution approved Thursday by the three-member executive committee of the harbor commission asks Congress to establish a national goods movement policy that includes investments in infrastructure at West Coast ports.
That policy would help the Port of Oakland fund critical infrastructure and "enact policies for improving our environment, health and safety and working conditions," said Victor Uno, president of the board of port commissioners.
Uno said one way to improve working conditions is to amend the FAAAA to allow more local oversight of harbor trucking. The FAAAA gives the federal government regulatory authority over trucking and forbids state and local entities from enacting rules that affect the rates, routes and services of motor carriers.
The federal preemption statute played a key role earlier this year in a case involving the Port of Los Angeles clean-trucks plan. The U.S. District Court in Los Angeles and the U.S. Court of Appeals for the 9th Circuit in San Francisco cited federal preemption in ruling that the port can not mandate the use of employee drivers as part of its motor carrier concession program.
Unions, by law, cannot organize independent contractors, such as owner-operator truck drivers, but they can organize employee drivers.
Uno noted that the Port of Oakland resolution "does not talk about employee drivers or mandates." However, the Coalition for Clean and Safe Ports, whose 80 members include environmental and labor organizations, including the Teamsters, has publicly supported the Oakland resolution urging more local control of harbor trucking.
Organizations representing shippers and carriers have written letters to the harbor commission or to Congress opposing amendments to the FAAAA that would weaken federal preemption authority over trucking.
An amendment to the Federal Aviation Administration Authorization Act, as supported by Oakland, would make it easier for unions to organize harbor truck drivers, although the resolution does not specifically mention unionization.
This development follows efforts by the Port of Los Angeles and some members of California's congressional delegation to restructure trucking law. For example, the Los Angeles clean-trucks program attempted to mandate that harbor trucking companies hire their drivers as employees. Most ports today are served by independent owner-operators that contract with harbor trucking companies to move freight.
Six members of California's congressional delegation in June wrote a letter to the House Transportation Committee urging Congress to update the 30-year-old FAAAA.
The Oakland resolution approved Thursday by the three-member executive committee of the harbor commission asks Congress to establish a national goods movement policy that includes investments in infrastructure at West Coast ports.
That policy would help the Port of Oakland fund critical infrastructure and "enact policies for improving our environment, health and safety and working conditions," said Victor Uno, president of the board of port commissioners.
Uno said one way to improve working conditions is to amend the FAAAA to allow more local oversight of harbor trucking. The FAAAA gives the federal government regulatory authority over trucking and forbids state and local entities from enacting rules that affect the rates, routes and services of motor carriers.
The federal preemption statute played a key role earlier this year in a case involving the Port of Los Angeles clean-trucks plan. The U.S. District Court in Los Angeles and the U.S. Court of Appeals for the 9th Circuit in San Francisco cited federal preemption in ruling that the port can not mandate the use of employee drivers as part of its motor carrier concession program.
Unions, by law, cannot organize independent contractors, such as owner-operator truck drivers, but they can organize employee drivers.
Uno noted that the Port of Oakland resolution "does not talk about employee drivers or mandates." However, the Coalition for Clean and Safe Ports, whose 80 members include environmental and labor organizations, including the Teamsters, has publicly supported the Oakland resolution urging more local control of harbor trucking.
Organizations representing shippers and carriers have written letters to the harbor commission or to Congress opposing amendments to the FAAAA that would weaken federal preemption authority over trucking.
