OAKLAND, Calif. — Approximately 100 members of the International Longshore and Warehouse Union Local 10 refused to cross the protest line Tuesday as owner-operators blocked the gates of the SSA terminal, which is the largest operator at the Port of Oakland, in opposition of California’s controversial independent contractor law, AB5.
Nearly 1,000 owner-operators, who showed up early Tuesday, also blocked access to the TraPac and Everport terminals, basically shutting down most of the container movement at the port.
Read More: Hundreds of truckers block Oakland terminal access to protest AB5
FreightWaves interviewed some longshoremen who refused to work Tuesday, saying they stand with the truckers.
“We are working without a contract right now so we support the owner-operators and understand what they are trying to do,” said George, a nine-year ILWU member.
Another longshoreman said he isn’t sure whether the dockworkers will work Wednesday either as protesters say they plan to continue the fight against AB5 for “as long as it takes.”
“We stand for it,” Mark, who declined to give his last name, told FreightWaves as he headed to his car.
After a slow start early Monday, the protest has grown to nearly 1,000 owner-operators as more become aware of the potential impact AB5 could have on their trucking businesses.
Gurlal Dhillon has worked in the logistics industry for more than 26 years, with the last six years as a drayage driver serving the Port of Oakland.
He started messaging port drivers Monday about the importance of protesting AB5. The group has grown to over 900 members, with many turning out to show their support Tuesday.
“This is an important issue for California owner-operators,” Dhillon told FreightWaves. “Many thought they would be exempt from AB5, but now they realize the impact.”
Oakland protesters, who own their own rigs and currently choose which loads they want to take, don’t want to work as company drivers as many would be forced to do under AB5.
Ongoing legal challenges prevented AB5 from going into effect in January 2020. The law stems from the California Supreme Court’s decision against Dynamex Operations West Inc., a package and document delivery company. The court found that Dynamex had misclassified its delivery drivers as independent contractors rather than employees and that all California-based companies that use independent contractors must follow the “ABC test,” a three-pronged determination whether a worker is an employee.
The B prong defines an independent contractor as a worker who is engaged in “work that is outside the usual course of the hiring entity’s business.” That is problematic for motor carriers utilizing independent owner-operators to move freight.
Some owner-operators said they initially planned to protest Monday and then go back to trucking. However, they decided to demonstrate for another two days after the Port of Oakland “downplayed the impact” of the protest, which shut down all of the terminals Monday and evening shifts were canceled.
On Monday, Robert Bernardo, director of communications for the Port of Oakland, said port officials were closely monitoring the situation. However, he disputed estimates by those on the front line Monday that the number of protesters was between 300 and 400 owner-operators. Bernardo put the number at 100 to 130 truckers.
“There is some traffic congestion at both TraPac and SSA terminals, so we are working closely with our maritime stakeholders to ensure a safe and continued flow of commerce,” Bernardo said via email to FreightWaves.
This is a developing story.
Ken
Why couldn’t an independent driver form his own company, classify himself as an employee and keep right on doing what he’s doing
Ken
Why not have the independents form a loosely governed company that allows its “employees” to pick and choose their own loads, donate a small % of pay to the “company” for tax purposes, that would allow the drivers to flip off the governor, just a rough idea but I’m sure someone out there could make this work
Brian
Go to another state and get a cdl from AZ or NV. Take the tax dollars along with you also. Then raise your rates to haul out of the port.
I gave up going to CA years ago its not worth it. Moved lock stock barrel out and much happier since. Ports in other parts of the country could use those drivers.
William P North
just remember…when your being tested..failing is the easiest thing to do….push yourself past AB5…comply…and keep going..
JR
This is funny! A union vs. union cage fight. AB5 was Sacramento’s union puppets arrogant gift to SEIU lobbyists, who have dreams of adding millions of new members from hapless independent contractors forced to go corporate. ILWU sides with independent truckers. AB5 is a neutron bomb for California’s gig economy. A holocaust for independent entrepreneurs. I hope the independent trucker strike spreads to LA and Long Beach, breaking the supply chain, forcing Sacramento’s union puppets to fold like a lawn chair and change AB5.
Lorrene Wilson
Picket lines get real nasty when u start bringing in scabs
John PETERSON
It’s nasty without bringing in scabs. Company drivers, who have been going to the ports for year, are now being threatened when they try to go in the port. They aren’t replacements, they’ve been doing it for a long time.
Lisa
California does not realize what that are doing to the owner operators if they band them and they don’t realize what they are doing to the state of California if they do either all truckers just need to quit delivering to California all together if it wasn’t for California and their ways alot of stuff that’s been added to these trucks would not be on them. California and the government is ruining trucking forever
William P North
just jump thru hoops…docs and fees is all….we did it three yrs. ago knowing it would stick later…too busy now making 200k yr. working 40 or less hours a week…only 40k- miles a year…home wekends and all fed port holidays incl….Valentines day..Thanks ILWU…you gals are the best….twic time…..
Sable
So tell me, why do think your job is so secure? AB5 will cause a massive influx of people who want your ” sweet” job. Do you feel union or not, that you are not replaceable? You are, trust me. It’s all about supply and demand. There is always a way to replace an employee when hundreds are waiting in line to take your position at less than half your salary. Your lack of respect for drivers is incredible and your arrogance disgusting. Maybe you might be enjoying more days at home than Valentine’s and holidays if your union finds that loophole to replace you. They certainly did that to the railroad workers years ago. They can to truckers too.
Joe
Waiting in line? Bwahahahaha bwahahahaha
TODD PETERSON
I agree in a way. They knew this was coming years ago and should’ve taken care of it then. Whether you disagree or not, this didn’t pop-up overnight.
Robert P Maloney
Your $ 200K has the value of $100K six years ago. You wearing flip flops and gym shorts with a wide beater shirt as your uniform? You kids don’t have pride and professionalism.
Art
We me as a country stand with them . Constitution says we have the right to demonstrate,
TODD PETERSON
True, but they are affecting other drivers’ livelihoods with threats of violence if they go into the port. Protest against the people who are causing the problem. When they threaten me and my livelihood, they are in the wrong.
Mike
You probly didn’t have a problem with blm protests though.
Lorrene Wilson
I grew up Union .. never crossed a picket line and won’t to this day. Wish they could organize all the way down the coast
John PETERSON
Good for you. Go on being clueless in this situation. The AB-5 rule affects certain truckers who go to the ports. Some truckers who are compliant or, aren’t o/o’s are being told they are not allowed to go to the port. The protesters need to take care of their problems by themselves. They are applying their situation to everybody regardless of their situation. They are selfish, or clueless, or both. They are definitely bullies though. To blindly follow picketers shows a lack of critical thinking.