FOR IMMEDIATE RELEASE: October 27, 2008

CONTACT: Barb Maynard, 323-351-9321 ; Coral Lopez, 310-956-5712

CA Attorney-General Stands Up for Exploited Port Drivers, as State Probe into Tax-Cheating Trucking Companies Widens

The California Attorney-General today announced another round of lawsuits against San Pedro Bay port trucking companies that abuse their workers by denying them basic employee rights and protections, following a crackdown that first surfaced in September.

“These companies take advantage of their workers by failing to provide them with state- mandated protections and benefits,” Jerry Brown said. “Truck drivers at the ports work long hours under tough conditions. By unlawfully classifying workers as ‘independent contractors,’ these companies deny their employees important worker protections” that guarantee workers compensation, disability benefits and the right to a minimum wage.

Five companies have now been sued. Studies reveal that 92 percent of the estimated 16,800 San Pedro Bay drivers are treated as independent contractors by their bosses.

The Coalition for Clean & Safe Ports, an alliance of nearly 40 environmental, public health, community, labor and religious organizations, has applauded the Attorney- General for exposing the unscrupulous, tax-cheating schemes companies use to deny middle-class wages and pin the burden of owing and operating port trucks onto workers. As a result, a mostly immigrant workforce is forced to haul cargo in old, diesel-spewing rigs through harbor neighborhoods and along Southern California’s transportation corridors, leading to high rates of cancer, heart attacks, respiratory illness and death.

“For too long greedy companies have gamed the system to squeeze out more profit on the backs of workers and the community,” said Oscar Ruiz a former port driver of 14 years now with the International Brotherhood of Teamsters, the union that represents workers in the trucking industry and a partner organization of the Coalition for Clean & Safe Ports. “The race to the bottom has to stop because drivers and residents alike pay the price with our lungs and livelihoods every day.”

Under the leadership of Mayor Antonio Villaraigosa, the Port of Los Angeles examined this broken system and recognized an undeniable link between pollution and poverty as the key factor that has stalled expansion since 2001. On Oct 1, officials enacted a comprehensive, sustainable Clean Trucks Program that once fully in effect will end exploitive misclassification as the cleaner-commerce requirements are dependent on a professional, employee workforce to deliver safer, more secure and efficient terminal operations.

Businesses of all sizes are participating in the LA green-growth policy which has also been endorsed by Democratic Presidential nominee Barack Obama, Speaker of the House Nancy Pelosi, and Senators Barbara Boxer and Dianne Feinstein of California, among other elected local, state and national leaders.

The Port of Long Beach, on the other hand, kept the status quo in place. Its version of the truck program has come under fire by environmentalists and labor alike as it leaves the decision on how to classify hard-working haulers to the very industry the Attorney- General is cracking down on. Drivers have repeatedly stated in public forums their desire to become employees and drive company-owned clean trucks in Long Beach, however it has fallen on deaf ears at best; or more commonly, has led to company retaliation.

The latest lawsuits come as elected city officials prepare to formally examine the Clean Truck Program adopted by the Port of Long Beach. An Attorney-General official intends to testify at Tuesday’s “study session” first recommended by the Long Beach City Council’s Harbor and Tideland Committee.

With Brown promising more investigations into the widespread industry violations, the Coalition for Clean & Safe Ports renews its call on Long Beach officials to show leadership and take action.

“At a time when the city is facing a budget crisis and is asking voters to approve a $571 million tax hike, politicians must stop rewarding law-breaking, polluting companies that cheat Long Beach residents out of millions in taxes, and bring low-wage, no-benefit jobs to the community,” said Long Beach City College Professor Carlos Ramos.

“The state’s crackdown has presented Long Beach officials with an opportunity to help put an end to the third-world wages and pollution once and for all. It’s time to put the anti-labor politics of the past aside, so we can get on with the business of creating a world-class port that prioritizes public health and a sustainable economy.”