Opposition is Widespread to Union-backed Change to Federal Transportation Law

News provided by

Mar 19, 2010, 11:32 ET

ARLINGTON, Va., March 19 /PRNewswire-USNewswire/ -- A California congressman has joined a number of national leadership groups in a groundswell of opposition to a campaign by the Teamsters union and allied politicians to change longstanding federal transportation law. The union is seeking taxpayer-funded help in organizing port drayage truck drivers by banning independent owner-operators from ports. The Teamsters hope to attain this by pushing Congress to change the Federal Aviation Administration Authorization Act (FAAAA), which prevents state and local jurisdictions from regulating interstate trucking and commerce.

(Logo: http://www.newscom.com/cgi-bin/prnh/20100129/ATALOGO)

U.S. Rep. Gary Miller (R-Calif.) this week released a "Dear Colleague" letter opposing the Teamster effort. "Compliance with air quality standards should be determined on a truck by truck basis without regard to the employee or ownership status of the driver of that truck," Rep. Miller said.

"Our nation's businesses depend on an efficient, interconnected transportation network that moves commerce fluidly from U.S. marine ports to the network of surface transportation systems of roads and rails," ATA President and CEO Bill Graves said in expressing gratitude to Rep. Miller for his stand. "Federal transportation law protects businesses from a patchwork of local and state regulations that would stifle our nation's economy."

"We believe that protecting our environment by reducing truck emissions is an important mission that we must undertake, and it is easy to see that our nation's ports play a vital role in that effort," Rep. Miller's letter said. "Industry stakeholders, including many small businesses, have shown that they are taking a proactive approach to meeting environmental goals as they have made significant investments in clean equipment. It is important that we do not get distracted by unnecessary provisions and mandates that are not related to environmental goals and could have long term, negative consequences on interstate commerce."

The U.S. Chamber of Commerce and the National Association of Manufacturers also oppose any change to the FAAAA. In their letters circulated on Capitol Hill, the organizations say ports already have the ability to implement environmental programs that clean the air. "These (proposed changes) are specifically designed to eliminate competition from small independent businesses in favor of companies that the Teamsters believe could be more easily organized," the letter said.

The American Association of Port Authorities also refused to endorse the Port of Los Angeles position on amending the FAAAA. That organization, which represents more than 140 port authorities, expressly rejected a Port of Los Angeles backed resolution calling for the amendment of the FAAAA. Instead the Association's Legislative Policy Council passed a resolution stating that ports already have sufficient latitude to ban old, polluting trucks.

The Clean and Sustainable Transportation Coalition – 31 groups that represent exporters, importers and the logistics industries and service providers that support them – also opposes the union effort to change the FAAAA. "These changes, if enacted, could unfairly force out of the industry many hard working small businesses responsible for moving much of the nation's international commerce," said a letter signed by the Coalition. See below for a complete list of Coalition member groups.

Teamsters' supporters are circulating a letter that repeats several false claims from the union and promotes the Port of Los Angeles Clean Truck Program as the model pollution-fighting plan. "In just one year, the program replaced 6,000 older trucks with clean diesel and alternative energy vehicles … which will reduce diesel particulate pollution by an estimated 70 percent," the Teamster letter said. All of this is true, but proves that the L.A. program is working WITHOUT the banning of independent truck owner-operators and the destruction of independent businesses.

The Teamsters are circulating misleading information, including the following statements:

"Federal legislation … would allow our nation's major container ports to implement environmental standards above current federal requirements." FALSE. Ports already have the power to implement environmental standards that exceed federal requirements, and nine ports have already done so.
"The program has been challenged in federal court." FALSE. The L.A. Clean Truck Program is fully supported by the trucking industry. Only the illegal concession requirements, including the owner-operator ban, were challenged in court.
"An injunction has been issued to temporarily block the City's ability to directly enforce through concession agreements a ban on motor carriers from bringing dirty trucks into the Port." FALSE. Even with the injunction against banning owner-operators, the Port of L.A. is banning dirty trucks from entering the port.
"The court injunction also prevents the Port from enforcing economic requirements that will ensure expensive new clean trucks will be properly maintained by ending the practice of improperly designating employees as 'independent contractors.'" FALSE. The independent owner-operator status is not improper and repeatedly has been upheld by regulators and courts. The suggestion that owner-operators won't maintain their trucks is also FALSE, as is the claim that failure to maintain the trucks will increase pollution. The new clean trucks are designed to automatically shut down, without even temporarily increasing emissions, if they are not properly maintained.
"Other ports around the country are unable to implement a comprehensive program given the legal uncertainty and injunction against the program in Los Angeles." FALSE. Nine ports have successful, comprehensive clean air programs. With the exception of the Port Los Angeles, these ports have chosen NOT to ban owner-operators.
"Federal law needs to be updated to ensure that ports can enact and enforce Clean Truck programs." FALSE. Clean Truck Programs are in place and working successfully in nine ports, and none of those ban owner-operators.
This is a "growing environmental problem." FALSE. Even the union-organizer Mayor of Los Angeles says that his Port's Clean Truck Program is reducing emissions by 70 percent and is 3 years ahead of schedule without banning owner-operators. The problem of truck emissions has been solved in nine ports, including Los Angeles.

Clean and Sustainable Transportation Coalition is made up of the the National Industrial Transportation League; the American Association of Exporters and Importers; American Apparel and Footwear Association; American Import Shippers Association; Clean Truck Coalition, LLC; Coalition of New England Companies for Trade; Columbia River Customs Brokers and Forwarders Assn.; Custom Brokers & Forwarders Assn. of Northern California; Customs Brokers and Freight Forwarders Association of Washington State; Express Delivery and Logistics Association; Fashion Accessories Shippers Association; Footwear Distributors and Retailers of America; Harbor Truckers for Sustainable Future LA/LB; International Warehouse Logistics Association; Los Angeles Customs Brokers & Freight Forwarders Association; NASSTRAC Inc.; National Association of Waterfront Employers; National Retail Federation; New York Shipping Association; Pacific Coast Council of Customs Brokers and Freight Forwarders Associations; Pacific Merchant Shipping Association; Retail Industry Leaders Association; San Diego Customs Brokers Association; The Health and Personal Care Logistics Conference; Transportation Intermediaries Association; The Waterfront Coalition; Travel Goods Association; U.S. Association of Importers of Textiles and Apparel; United States Council for International Business; West State Alliance, Oakland; and the World Shipping Council.

The American Trucking Associations is the largest national trade association for the trucking industry. Through a federation of other trucking groups, industry-related conferences, and its 50 affiliated state trucking associations, ATA represents more than 37,000 members covering every type of motor carrier in the United States.

SOURCE American Trucking Associations