Precarious Work in Drayage Trucking and Labor Action to Restore Labor Rights

Abstract

Port truckers pick up and deliver containers at seaports. In the United States, since trucking deregulation in 1981, they have been working as independent contractors for mostly small trucking firms. These companies contract with shippers to deliver containers. They firms are small and usually possess few physical assets. They contract with port truckers, who own or lease their own trucks, to haul containers on a per load basis. All the expenses and risks associated with hauling freight are borne by the independent contractors. Under U.S. law, these truckers are not allowed to engage in collective action, and lack access to labor rights and many forms of social insurance. The drivers earn small fees for carrying each container, and because they encounter many delays at ports, on highways, and at warehouse, they are usually unable to make more than three deliveries per day. As a result, their net earnings are low and their work hours are long. The International Brotherhood of Teamsters has been organizing these drivers for more than a decade; in recent years, they have won regulatory and judicial decisions ruling that the truckers are misclassified as independent contractors when they are actually working as employees under relevant employment laws. The union campaign has formed alliances with environmental justice groups concerned with diesel pollution, and has mobilized political support for reclassifying drivers as employees entitled to legal protection and social insurance, as well as eligible to participate in collective action. The battle remains unresolved.

Keywords: Precarious employment, Independent Contractors, Misclassification, Union organizing