The downsizing and accompanying new recall eligibility policy, suspiciously implemented after drivers began their union organizing efforts, turns on its head Toll’s most recent track record on legitimate seasonal layoffs by instituting an absolute 90-day eligibility window for rehire.
“They wanted us to keep our heads down, but instead we took action together and now the tables are turned,” said Luis Alay, a father of two who slept in his car upon finishing the grave shift so he could deliver his co-workers’ letter early in the morning when management arrives. “We won’t stop speaking out until all of my brothers and sisters are rehired, our company withdraws its spiteful 90 day eligibility policy, and they stop treating us like they don’t know us.”
The Southern California drivers have been subjected to intimidation, harassment, and surveillance ever since they petitioned for the freedom to collectively bargain to end the deplorable Third World- like working conditions. The retaliation came to a climax in late October when one-third of the workforce, the “Toll 26,” were suspiciously sacked 2 days after they joined hundreds of community supporters to protest outside the company for its inhumane working conditions.
Due to the Toll drivers’ unwavering resilience, growing public pressure, multiple black eyes in both local and Australian media, and a thundering protest outside of the Australian consulate’s L.A. offices, Toll has schizophrenically began rehiring more than half of the dismissed workers. The first round of reinstatements (9) began a month after the phony seasonal slow down (during the busy holiday shopping frenzy). With the indication of the NLRB siding with Toll drivers and at the risk of facing a federal trial for not remedying the situation, Toll recalled another 6 workers during the first week of January.
In the face of the growing strength and bonafide unity of America’s port truck drivers and their string of recent victories, will Toll Group cure their amnesia by taking what has been prescribed, or continue down this course that has been so ill-advised?
We are the front-line workers who haul container rigs full of imported and exported goods to and from the docks and warehouses every day.
We have been elected by committees of our co-workers at the Ports of Los Angeles, Long Beach, Oakland, Seattle, Tacoma, New York and New Jersey to tell our collective story. We have accepted the honor to speak up for our brothers and sisters about our working conditions despite the risk of retaliation we face. One of us is a mother, the rest of us fathers. Between the five of us we have 11children and one more baby on the way. We have a combined 46 years of experience driving cargo from our shores for America’s stores.
We are inspired that a non-violent democratic movement that insists on basic economic fairness is capturing the hearts and minds of so many working people. Thank you “99 Percenters” for hearing our call for justice. We are humbled and overwhelmed by recent attention. Normally we are invisible.
Today’s demonstrations will impact us. While we cannot officially speak for every worker who shares our occupation, we can use this opportunity to reveal what it’s like to walk a day in our shoes for the 110,000 of us in America whose job it is to be a port truck driver. It may be tempting for media to ask questions about whether we support a shutdown, but there are no easy answers. Instead, we ask you, are you willing to listen and learn why a one-word response is impossible?
On the first business day following a meeting truck drivers had with a lawyer to file a wage theft lawsuit against Proud 2 Haul, Ivana Koprowski, the owner, terminated two of the drivers who attended the meeting. Felix Jay and Gonzalo Chirino claim that they were told their terminations were for “working against the company and not with the company.”
In response, truck drivers filed charges with the labor board and organized a rally at the Tullo Truck Stop in Kearny, NJ in support of the two terminated drivers.
Flanked by community leaders and Teamsters, Felix and Gonzalo marched into Proud 2 Haul’s offices to demand that they be reinstated, with back pay and full employee rights for all drivers at the company.
“I’ve been hauling containers for three decades at these ports and over the years conditions for truck drivers have only worse,” said Felix Jay a married father of five and one of the drivers who was terminated. “Low-road companies like Proud 2 Haul and ruthless owners like Ivana Koprowski have made it impossible for port truck drivers to earn a living. They never miss an opportunity to deduct money from our paychecks or to deny us basic employee rights.”
What is the trucking industry response to claims that port drivers are actually employees who have been stripped of their basic rights by trucking companies? Robert Digges, a spokesman for the American Trucking Associations, tripped on his own tongue on a CBS national news segment when he tried protesting the idea that trucking companies are cheating workers – and it’s getting picked up on blogs like the Daily Kos.
“They (trucking companies) believe they get a more productive employee – excuse me a more effective worker – a worker who is efficient, who has some skin in the game.”
So, the industry that dismantled the Los Angeles Clean Truck Program finally lets the truth slip: port truck drivers are actually employees who have had their rights stripped from them by greedy port trucking companies seeking to pad their bottom line.
“As long as we are independent contractors (the company) doesn’t have to cover benefits, they don’t have to cover sick days, bereavement leave time, holiday pay. It just saves the company money,” said Dutch Prior, a port driver for Shippers Transport in Oakland.
While the scheme is a boon for port trucking companies like Shippers Transport, a subsidiary of the giant SSA Marine (half-owned by Goldman Sachs), it’s drawing the attention of the Occupy movement and the Department of Labor.
“These (practices) have astronomical impacts on local governments, state governments and federal government and also hurts good, legitimate businesses that are playing by the rules and for employees that are being ripped off,” said Hilda Solis, the head of the US Department of Labor.
Last year the agency collected more than $5 million for nearly 8,000 misclassified workers, but with 300 new investigators on staff the Department of Labor will be looking more closely at misclassification schemes.
On December 12ththe Occupy movement is organizing a shutdown of the West Coast ports while the Occupy protesters in New York take their case directly to Goldman Sachs on the same day (Goldman Sachs – half-owner of SSA Marine – has its own checkered history with paying taxes. It’s easy to understand why the Occupy folks are targeting the company in the coordination with the port shut down.)
The CBS Early Show segment is only the latest in a series of investigative news pieces on the port trucking industry generally and on Shippers Transport in particular.
Salon.com interviewed Leonardo Mejia, a truck driver for Shippers Transport who works out of Long Beach. “Mejia is part of the shadow economy, though not in the sense that that term is commonly understood: as an autonomous netherworld entirely off the books and underground, invisible to the taxman and mainstream society. Mejia’s shadow economy is something a little different; purposefully created from the top down, its growth driven by employers increasingly eager to shed costly, legally mandated commitments to their employees.”
New laws will help port truck drivers and other employees who are purposely misclassified by their employers, but enforcement of new and existing laws is key. Without strict enforcement from government agencies an imbalance of power exists which keeps truck drivers under the thumb of the giant trucking companies like Shippers Transport.
“There’s an imbalance of power in the market which enables the big shippers to control the cost of shipping,” According to Dr. David Bensman, a professor at Rutgers University and author of “The Big Rig”, a report about misclassification in the port trucking industry. “And as long as you have that imbalance of market power you are going to have intense competition and substandard industry practices.”
*This guest blog by Jon Zerolnick was originally published on on LAANE’s blog The Frying Pan.
Fun fact: L.A. leads the nation in jobs—just the kind that most people don’t think of as jobs. We’re the national leader in “nonemployers:” entities relying on independent contractors rather than employees. As economist Jack Kyser explained in 2006, “a lot of people want to have a business but don’t want the headaches of actually having to employ people.” The Times cited Kyser in explaining that “businesses become nonemployers to avoid the costs of workers’ compensation, paid leave, health insurance and state taxes.”
In many cases this sort of practice is, not to put too fine a word on it, illegal. Starting in just a few weeks, though, the state has a powerful new tool to deal with these lawbreakers. SB 459 goes into effect on January 1, 2012, and it levies large fines against employers who willfully misclassify workers as independent contractors to avoid their legal and tax responsibilities.
Not only will this lead to the potential recovery of hundreds of millions of dollars of lost revenue to the state, but it has the potential to dramatically improve the lives of workers.
Workers like Leonardo Mejia. Mejia — profiled recently in a piece on Salon.com that exposed this scam — is a truck driver at the Ports of L.A. and Long Beach. He works for a company called Shippers Transport Express, a subsidiary of the massive SSA Marine, which is itself half-owned by Goldman Sachs. Shippers Transport classifies Mejia as an independent contractor, and gives him an IRS Form 1099 instead of a W-2. But Mejia shows up for work every day at the time and place that the company tells him to. He accepts every truck load given to him by the company, or risks loss of future work assignments. He drives a truck that is registered to the company, and his lease with the company specifies that he cannot use the truck to drive for any other company. He does not bargain for the rates he is paid: the rates are set by the company, and he can take it or leave it. If he chooses to leave it, he turns in his truck and looks for another job.
When the global logistics giant Toll Group abruptly told 26 of its truck drivers “hit the road jack, and don’t you come back no more,” they didn’t take it standing around— they mobilized. Over half have gotten their jobs back in the ongoing saga of American workers standing up to their unjust $8.6 billon Australian employer. Now, a delegation from the Port Truck Driver Committee for Respect and Dignity delivered a letter to Toll’s management here and abroad demanding they abandon an arbitrary deadline that could put the remaining 11 pink-slipped drivers out of work for good if they are not recalled in the next week and a half.
