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Sep 25, 2009

Clean Trucks Program * USA - National perspectives on L.A.'s one

The program is seen, for better or worse, as a potential model for re-unionization port drivers nationwide

South Bay,CAL,USA -The Pipeline, by Gene Maddauson -September 23, 2009: -- The Port of L.A.'s Clean Trucks Program is drawing some national interest, as the city lobbies Washington for permission to re-regulate the local port trucking industry. The program is seen, for better or worse, as a potential model for re-unionization port drivers nationwide... Whether you think that's a good idea or not depends on your politics... First up, the Wall Street Journal, which takes a dim view of the program: "Unionization would give the Teamsters enormous bargaining leverage over work rules and pay, sharply raising the cost of moving goods, as well the power to shut down ports in a strike... The change in federal law would also mark a step away from the transportation deregulation that began in the 1970s and that has done so much to reduce costs and improve competition. The damage from a patchwork regulatory system would be felt nationwide, and all for the sake of Mr. Villaraigosa's union pals..." ... But The American Prospect argues that the Clean Trucks Program is an essential piece of a broad effort to modernize America's ports: "Rotterdam, Europe's largest port, is a marvel of efficiency. More than 7,000 container ships visit its docks annually, most stopping for barely more than a day. New terminal facilities, built on landfill where the river meets the sea, handle 10 million containers with a minimum of congestion and pollution... The freight -- Chinese clothing and electronics, American pharmaceuticals, Spanish automobiles -- seamlessly flows to warehouses, distribution centers, rail yards, and barges surrounding the port, on time and on schedule. The tightly integrated freight-movement system at the port makes it possible to operate a just-in-time logistics system in which goods arrive at their destination 15 minutes before they are moved to their next spot on the supply chain. This allows shippers to operate with minimal inventory, a must on a continent where most retail shops have minimal space to store goods. Lean logistics means lower interest costs on merchandise, lower insurance costs, less theft, and less need to discount unsold goods..." ... By comparison, American ports and the logistics and distribution systems they feed are old world... (Photo from treehugger: Port of Los Angeles)


* Port Trucker in Los Angeles Wins Hotly Contested Court Battle Against California Attorney General Jerry Brown Over Misclassification of Drivers

Los Angeles,CAL,USA -Earth Times/Press Release News, by Sands Lerner -24 Sep 2009: -- Trucking companies in the Port of Los Angeles won a resounding court victory this week against the ongoing efforts of the State of California, and Attorney General Jerry Brown, to force them to stop using independent contractor drivers to dray containers in California's ports and to use employee drivers instead... In a civil action filed in Superior Court by the attorney general against Pac Anchor Transportation, Inc. and truck owner Alfredo Barajas, Los Angeles Superior Court Judge, Elizabeth Allen White, held that a federal law, which protects motor carriers from state regulation, preempts claims against motor carriers brought under California's Unfair Competition Law (UCL) ... The federal law, part of the Federal Aviation Administration Authorization Act ("FAAAA"), prohibits states from enacting and enforcing laws that are "related to" motor carrier prices, routes, or services in order to maximize competitive forces in the trucking industry. Judge White agreed with the "very strong" argument advanced by attorneys Neil S. Lerner, Arun Dayalan, and Arthur A. Severance that claims against motor carriers under the UCL are preempted per se under the FAAAA... Judge White found that the attorney general's actions threatened to erect entry controls that would discourage independent contractor drivers from participating in the trucking market, thereby frustrating Congress' intent to maximize competitive forces in the trucking industry... The message from the courts is now very clear: the state should stop meddling in the port trucking industry... (Photo by Gina Ferazzi / Los Angeles Times: Sunset at Los Angeles Port)

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