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Trucking Headlines
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California port collective bargaining bill progresses
By Jill Dunn
A California bill that would allow port owner-operators the right to organize for collective bargaining purposes passed its second Assembly reading June 23.
Last month, senators voted 24-14 in favor of SB 848. The California Trucking Association opposes the bill, which is supported by the California Labor Federation, AFL-CIO and the California Teamsters Public Affairs Council.
The bill defines those who would be affected by the bill as independent contractors who own or lease no more than one truck and are contracted to a port motor carrier. Those truckers perform drayage of intermodal cargo from a marine terminal, deliver empty containers or intermodal chassis to terminals or deliver loaded cargo containers to terminals for export.
Backers say the bill would create a more fair and competitive market for trucking at California ports. They maintain federal anti-trust laws were not intended to prevent all collective bargaining, but to stop the formation of monopolies, according to an analysis prepared for the June 22 meeting of the Assembly Committee on Labor and Employment.
Supporters also say the bill would mitigate port truckers’ complaints of low profits and poor working conditions by creating an anti-trust exemption under the "state action” doctrine, which allows states to permit collective action when it would restore marketplace competition.
CTA has argued the bill does not address port congestion, which it views as the cause of low profits. The association stated that it believes the bill is pre-empted by federal law and some provisions conflict with federal leasing regulations and "undermine federal deregulation." CTA stated regulation of port operations would decrease port truckers’ problems.
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