Bob Simpson

Bob Simpson
Location
Oak Park, Illinois, United States
Birthday
August 05
Title
Retired history teacher and part-time social media writer.
Company
Webtrax Studio
Bio
So who is this guy? Well, my name is Bob “Bobbo” Simpson. I work part-time for WebTraxStudio. We mostly do website and print design for unions, non-profit groups, social advocacy organizations and educational institutions. I am also 1/2 of the Carol Simpson labor cartoon team.

Bob Simpson's Links

Salon.com
Editor’s Pick
FEBRUARY 15, 2012 10:11AM

America’s Ports: The Place Where Old Trucks Go To Die

Rate: 9 Flag

Aynalem Moba doesn’t want to kill anyone. He doesn’t want to injure anyone. He certainly doesn’t want to poison anyone. No, he is not a draftee in a horrible war he doesn’t believe in. He is an American truck driver who drives loads at the Port of Seattle.

“Every day, I haul two or three loads that are overweight, possibly putting myself and others at risk. The truck could tip over. I’m afraid I might kill myself or someone else. Sometimes we’re carrying hazardous materials, and we don’t know it.”--- Aynalem Moba, a 14-year port veteran.
Photobucket
Port of Seattle with trucks waiting for containers
 
Aynalem Moba is not the only one speaking out.  
“The shipping and rail lines force us to use faulty equipment. One time I got a load that was 4-5,000 pounds overweight, and it was on a chassis that was insufficient for carrying heavy loads. The company told me to take it anyway. I was really nervous about it. All that extra weight puts a lot of wear and tear on the truck. It blew my wheel seal…It cost me $450. My truck is my livelihood. If it doesn’t work, I don’t work.” ---Calvin Borders, a 13-year driver.

Maybe you're thinking that the truckers are exaggerating the dangers. The Washington State Police don’t think so. They pulled 32% of the Port of Seattle rigs off the road for safety violations in 2010. After setting up a special unit to monitor unsafe trucks, they took 58% of the rigs off the road in 2011. The state police chief testified at the state legislature about dangerous trucks along with drivers who also testified. 

The Puget Sound Clean Air Agency and the Washington State Department of Ecology don’t think the dangers are exaggerated either. They estimate that 70%-85% of the airborne carcinogens in the Seattle area come from diesel soot. Diesel soot is linked to lung cancer, leukemia, nasal and liver cancers. Many of the port trucks were constructed before 1997 and emit 10 times the amount of diesel emissions that modern trucks do.

The truck fleet at the Port of Seattle is ancient and road weary. Breakdowns are frequent, which explains why the port is called “The Place Where Old Trucks Go To Die”. And of course, dying trucks can result in dead people. There are similar conditions at other American ports, though the situation at LA has improved because of worker organizing andcommunity pressure.

Maybe you are asking yourself, “Aren’t there laws against this? Why doesn’t their union do something about it?” Well thanks to trucking deregulation, the decline of the once mighty teamsters union, and a clever scheme by the transportation bosses called “independent contracting”, it’s amazing what the port bosses and the companies they serve can get away with.

The trucking industry was deregulated in 1980 under the Carter administration with support by both liberals and conservatives. Deregulation (called the Federal Motor Carrier Act of 1980) promised a free market utopia of lower rates, more competition leading to innovation and a decent living for workers in the transportation industry. While deregulation did lower rates, it also led to monopolization by a few large firms, serious highway safety problems, increased pollution and  a drastic reduction in the living standards of American truckers.

In the 1960’s drivers covered by the International Brotherhood of Teamsters(IBT) Master Freight Agreement were the monarchs of the road. But the seemingly invincible union was rotting from within. It was dominated by organized crime, financially corrupt and governed by violent intimidation. Jimmy Hoffa Sr., its charismatic leader, went to prison in 1967 and was assassinated in 1975 after his release, even as the federal government continued an anti-corruption investigation that it had begun in the 1950’s.

A rank and file group called Teamsters for a Democratic Union arose demanding that the union kick out the mob and institute democratic reforms. Because of its efforts and federal intervention, the union is reasonably clean today; but thousands of union teamsters have lost their jobs because deregulation drove scores of companies into bankruptcy.  Non-union labor spread throughout the industry forcing wages down even for the remaining union drivers. Like most drivers these days, the port truckers are not members of the teamsters union.

Deregulation also allowed trucking companies to operate trucks without employees. I know that sounds ridiculous, but it’s true. The port drivers are considered independent contractors NOT employees. According to David Bensman of Rutgers University:

The quality of jobs for port truck drivers has decreased substantially since the Federal Motor Carrier Act was implemented in 1980. 
  • Drivers are on the job five days a week, from ten to twelve hours a day, earning an average annual income of $28,000 in 2008. 
  • As “independent contractors,” port truck drivers do not receive health care or any contributions to a retirement fund. 
  • Independent contractors are responsible for owning and maintaining their own trucks, which includes lease payments, fuel costs, tire repairs, truck maintenance, road licenses, taxes, insurance, tolls and traffic fines.” 
The legal fiction that port drivers are independent businesspeople means that shipping companies do not have to follow state and federal labor laws. They don’t have financial liability in case of accidents. All of the vehicle purchase and maintenance must be done by the drivers---people who average less than $30,000 a year, many of whom have families to support. Most are people of color, many of them immigrants, adding an ugly racial caste to the whole scam.

 

Port workers

Max Galvan,  a port driver in Southern California put its this way:

“What independence? They don’t let us haul for anyone else. They’ll fire you. Most companies make you sign a contract saying that you’ll only work for them. I went along with it because that’s just how things are done here at the ports...I’ve never negotiated the price of a single cargo load. Ever. It’s not something we port drivers can do. We don’t even know how much the retailer is paying for that load, so how can we negotiate? The company just tells us how much they are going to pay us, period."

 Trucking deregulation has made a mockery of the whole idea of a free market. To say with a straight face that an immigrant truck driver can negotiate on equal terms with a shipping giant like  Goldman Sachs’ SSA Marine is ludicrous. Workers who have spoken out against port injustices have been punished with job loss. What kind of freedom is that?

Despite what you may have heard from the Heritage Foundation, the Republican Party or your local Tea Party, a free market requires rules to protect the public interest. That’s why competitive sports have rules. Imagine the mass casualties on the field and in the stands if rules were suspended at an NFL football game and all the refs and security guards disappeared. Decades of trucking deregulation have left us with aging fleets, inefficient port communications, more deadly pollution, more dangerous highways and impoverished stressed-out truck drivers.

Also, economies are complex and while some areas of an economy can benefit from more competition and fewer rules, that’s not true of all sectors, especially the transport sector. A market is not free when the strongest, most ruthless and best financed bullies terrorize everyone else. Freedom is not anarchy.

 ML King button

 There are freedom fighters on the docks today, but you won’t find Republican presidential candidates  or Tea Party members in Revolutionary War costumes among them. Instead you will find people like Demeke “Yared” Meconnen, an Ethiopian immigrant who testified at the Washington State legislature about port abuses, was suspended for a week and then helped lead a walkout of port truckers that virtually shut down the Port of Seattle. Meconnen proudly wears a lapel button with the image of Dr. Martin Luther King and the message,”Into the Streets 2012”. 

 The port truckers may not have the global shipping companies on their side, but they have found friends among other port workers, community residents, environmental groups, Occupy activists, the teamsters union and liberal politicians.

Intermodel machine operator B.G. Lemmon, 26 year veteran at the Port of Seattle said this during a port shutdown:

“It’s beginning to seem like a ghost town because all last week I didn’t see a single truck come through from the major cargo haulers at the port. Seattle Freight, Pacer, Western Ports, none of them! This does mean less work for some of us, but me and the guys here get it. We all work at the same port, handle the same freight containers, and want the same things for our families. It’s not right that we have dignity while they are treated like dirt,”... “If I were forced to take safety shortcuts, I’d grab my coworkers and walk off the job too. They’re making a huge sacrifice. Maybe their companies don’t respect them, but all of us here at the railroad sure as hell do.”


Demeke “Yared” Meconnen speaks out 

Port drivers just ended a two week walkout at the Port of Seattle and will continue talks with the Port authorities. There is a bill before the state legislature that would make them into employees with actual labor rights and state health protections.

Hopefully port truckers will be able to finally organize themselves into a union and do what is necessary to reform the unacceptable conditions of their jobs. They need our help. There is a bill in Congress that would alleviate some of the worst abuses called The Clean Ports Act. That bill needs our support. But we also need to support the port drivers who are on the front lines of this struggle for justice.

Please take the Pledge to Support Good, Green Jobs and the Truck Drivers at America's Ports! You can sign the pledge HERE.

You can also donate money to help the drivers and their families though these difficult times HERE.

Since these drivers deliver most of the goods that come into the USA from around the planet, there is a good chance that you have stuff in your home that was hauled in one of their trucks. We owe them our thanks and heartfelt solidarity.

Trucks 

Sources Consulted:

The Coalition for Clean and Safe Ports 

Final Report: Puget Sound Air Toxics Evaluation by Puget Sound Clean Air Agency

Container trucks near Port of Seattle most dangerous in the state by Chris Ingalls, King5 News

Running on Empty: Trucking Deregulation & Economic Theory by Paul Stephen Dempsey, McGill University

Port Trucking Down the Low Road: A Sad Story of Deregulation by David Bensman, Rutgers University

 The Big Rig by Rebecca Smith, Dr. David Bensman and Paul Alexander Marvy

On the Waterfront: Labor, environmentalists fighting trucking deregulation  by Kristopher Hanson, Long Beach Press-Telegram

Employers’ new ruse: “Independent contractors”  by  Andrew Leonard

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Comments

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The whole "independent contractor" model, along with the part-time employment model have broken the connection between our workers and their employers. If the employer has no liability, why would they care if the loads are safe? That would take a true moral concern, and there is no place in modern business for such fripperies!
Long distance trucking needs an overhaul, too. I know a guy who works on them, and he said they have to have the trucks sanitized before they can work on them because they have a hole cut in the bottom that is being used as a toilet. So when you're driving down the highways and something splashes on your vehicle, it could be raw human waste from the truck that just passed you.

I agree that these guys need their power back so that they can have the time they need to make a safe trip and pull off at a rest stop as needed, too.
Deregulation is a disaster and it only applies when it interferes with profits; when it comes to regulations protecting secrecy or other corporate welfare like the consolidation of media and other corporations and copyright laws there is no deregulation.

Instead we should have open regulation, preferably simplified when possible, so that we can eliminate the inefficient regulation without workers, consumers, environmental and safety rights.
It's the same story in nearly all sectors of the US economy: "cheap" (sell more of the useless things) and "profits" (cut input costs so the middlemen and retailers can still make a margin on a high volume), trump safety, quality, and dignity. It isn't quite true in healthcare yet, but if the cost-cutting incentives remain law but the regulation gets axed, I will try extra hard to stay out of hospitals.
Too many sectors of our economy have fallen into the "disposable worker" model, relying heavily on "independent contractors," part-time workers and temporary workers. Safety standards become more of a joke. Workers have little or no job security. The economy continues to disintegrate.

Deregulation has destroyed so much of what used to be good about our country. Can voters send the correct messages to those now in office and get better representation for the 99% in upcoming elections? I sure hope that enough people will wake up and vote in their own best interests instead of being suckered by every corporate-owned right wing snake oil salesman who comes along. My cynical side says that's too much to hope for.
Okay let's not start with the PC stuff and just call it like it is. You are full of crap.

First I'm a long haul truck owner and I'm leased to a major trucking company and I picked up at the port of Seattle this morning.

These drivers have nothing to complain about. What do you do if you don't like your job? You find another one. There is nothing special about the trucks that work the ports. There is nothing special about their CDL. It's the same one that I carry in my pocket. Every truck I saw today could have pulled the load I'm pulling. They are there because they want to be.

They are complaining about not “negotiating” the rate on any load. Yes they did. Federal law says that the contract that they signed has to spell out exactly how they are getting paid and how much. Some, like me, are percentage haulers. I get a set percentage of whatever my company bills the customer. If I wish I can, by law, go by the office and see the actual invoice they billed their customer with. Others are mileage haulers. Very simple. They agree to an amount per mile. Just multiply the two and there is your pay. If they didn't like the pay why did they take the job? There is a shortage of truck drivers. I get calls every week asking if I want to change companies. I've been offered up to $10,000 signing bonus because I have a team driver. Why are they working for $30,000? I pay my team driver $50,000 a year if this truck moves or not and all she does is drive.

The driver is right about one thing. The company you contract to normally only allows you to pull their freight. Does you boss allow you to moonlight at his competitor? So why lease to a company? My company is responsible for finding my freight, doing all the paperwork, billing etc. If the company doesn't pay the freight bill, I still get paid. I also can, and do, take advantage of some of the perks they get for being large. They buy large amounts of fuel and I get it at their cost. I buy my insurance through them at a discount. If he doesn't like the arrangement he has he can always get his own authority and find his own loads, do the paperwork and take the risk of not getting paid every Friday.

As for the company getting out of pay, I hate to tell you this but truck drivers are not covered under the Federal Wage and Hour acts. Nope, no overtime here. Mileage drivers sitting someplace like loading, nope, no pay for them. Miles x Rate= pay. Retirement? What do you get a 401k with a 4% company match? Some trucking companies will do that. It's not unheard of. Same thing with medical insurance if they wish to buy it.

Their truck is their responsibility. They bought it, they own it, they fix it. So do I. Who fixes the stuff you own? As for the trailers that also is the problem with the driver. The law says that the driver is responsible for making sure it's right before leaving the yard. If its not they just reject it or have them fix it. Same thing with the weight of the load. The driver is responsible for making sure he has the right permits for that load.


The companies are not off free and clear if something happens either. If I get a ticket the company takes a hit also. Some things that I do I don't even get the ticket for, it is put in the company name and sent to them. When we both suffer the company gets it worse. To get caught dialing your cell phone is a $2700 fine to me and an $11,000 fine for the company. Accidents do happen. The rate of accidents per mile for commercial drivers is below that for cars. You have to remember the amount of miles that we drive. Every year we drive from the center of the Earth to the center of the moon, and start home, by a lot. I hit you. My insurance will pay. When you max that out who are you going after poor little me or a multimillion dollar company?

These truck are inspected in ways your car is never though about. Yes some drivers are pigs. Surprise, surprise. Some humans are pigs. Cut a home in the floor so the stuff hitting your windshield while going down the road? No. First it wouldn't pass inspection if they cut a hole in the floor. Second how are they going to take a squat while driving. Doesn't happen.

So the next time you talk to one of the pissed off port drivers have them email me. I'll get them a job. The company I'm leased to pays $1000 per driver that I send them. Other than that, tell them to grow up. They signed the agreement and if they stay it's because they want to. There is nothing making them.
Bravo to these courageous drivers for speaking up, even at the risk of their livelihoods. And thank you helping them to find an outlet for their voices.
Catnlion: The situation of the port truckers is very different from yours. I'm sorry to see you taking the side of ruthless global corporations instead of truckers trying to improve their situation plus the health and safety of the surrounding community.
My personal trucking story:

I spent most of my working life teaching high school and working in website technology, but I did drive local delivery trucks and do warehouse work in the early 1970's. Some of this work was as a contract employee, though I did not have to purchase a vehicle.

I began one job as an employee, arriving soon after the teamsters withdrew an organizing effort. Rumor had it that both the company and the teamsters union had mob ties but from different branches that had not communicated with one another. Once the mob elements got their ducks in a row, the teamsters bowed out.

The company did improve pay and benefits, but that lasted only a short while. Suddenly we are were all made contract employees and told we'd make tons of $$$. That was bullshit of course.

All it did was encourage traffic violations and fatigue. Early one evening I had a delivery in N. Virginia after about 11 hours on the road. I fell asleep in the slow lane and woke up in the fast lane. Fortunately I didn't kill anybody.

I decided it was time to get out of that place. It was a death trap waiting to happen. I took a job at the University of Maryland where I had gone to school that involved making textbook deliveries around the sprawling campus and short runs around the DC area. When I wasn't driving, I was processing textbook deliveries at the central warehouse the rest of the time.

I was an AFSCME union member and my life improved.
Conditions are not "comparable" at the ports of Los Angeles and Long Beach. Under their Clean Truck Program, all trucks not meeting 2007 federal emissions standards were banned from the ports as of January 1 of this year. As a result, many truckers bought new rigs, with the help of financing provided under the program. There are no "death traps" hauling containers to and from San Pedro Harbor piers. The program has been a success; expect similar plans to be implemented at other U.S. ports. What failed was a back-door attempt by the Teamsters and local politicians to force independent owner-operators to become employees of trucking companies that were approved by the Port of Los Angeles. Believe it or not, some truckers actually prefer working for themselves to punching a clock for a boss. The Ninth Circuit Court of Appeals ruled that the port had no business telling drivers how they could pursue their livelihood.
Robert Bowman: Conditions improved at the LA port because of public protest and worker organizing. They will continue to improve to the extent that workers and the surrounding community continue that protest.They will not improve elsewhere without tremendous economic pressure being put upon the global corporations that control the shipping industry.

Some drivers do wish to be independent owner/operators. Those who choose that route must be closely regulated to ensure that the public interest is being served. Those who wish to organize themselves into a union should have all legal rights afforded to them by our labor laws.

No one who does such important work as transport should be forced into poverty by the greed of the 1%.
I loved this article, and I signed the pledge. The situation reminded me of what I learned from the film Food, Inc.: about how farmers are made virtual indentured servants to the big food-producing corporations. They are independent in theory but owned by the company in reality--no help or benefits, have to fix their own stuff. They may own their farm/truck but their lives are dictated by the big corporations--and no, they don't care about anybody's safety, much less their overall well-being. God bless this fight. Let's hope Demeke “Yared” Meconnen is the next César Chávez.
Grammatical error--they don't care about anybody's safety . . . they is modifying trucker/farmers but is supposed to refer to the corporations, of course . . .
Terrific post, Bob

My work involves me in a port on the other coast and so your article was both eye-opening and disturbing. I am now interested in whether similar conditions for truckers prevail where I am.