Truckers shut down Port of Oakland in protest of Gavin Newsom's labor law as California's supply chain goes from bad to worse



Independent truckers shut down the Port of Oakland as a protest against a labor law signed by California Gov. Gavin Newsom.

Since Monday, California truckers have been blocking access to the Port of Oakland with a protest against Assembly Bill 5 (AB5). The truck drivers successfully stopped operations at the Oakland port from Wednesday through Friday.

The Port of Oakland said in a Wednesday statement, "Trucker protests that started Monday over the implementation of AB5 have effectively shut down operations at shipping terminals at the Port of Oakland. The shutdown will further exacerbate the congestion of containers dwelling at the Oakland Seaport as port officials urge terminal operations to resume."

The International Longshore and Warehouse Union Local 10 president Farless Dailey told CNBC, "Every day, ILWU workers are getting up at 5 am to drive to the dispatch hall and fill jobs at the port. But when they get to the terminals, the trucker protests are creating conditions which make it unsafe for workers to pass through the gates and do our jobs."

The protest has caused containers to back up, exacerbating the ongoing supply chain issues in California.

“Currently, import containers are sitting at the Port of Oakland for more than two weeks,” said Josh Brazil – vice president of supply chain insights at Project44. "Due to a lack of intermodal capacity, dwell times exceeded 10 days even before the AB5 protest. Those containers will now spend even more time in port due to the restrictions against independent truckers."

The Port of Oakland offered the truckers a "Free Speech Zone" where truckers could "publicly express their opinions" without disrupting shipping operations.

A spokesperson for Newsom's office issued a statement to CalMatters on the trucking situation, "California is committed to … ensuring our state’s truck drivers receive the protections and compensation they are entitled to. This administration has employment tax incentives, small business financing, and technical assistance resources to support this essential industry. The state will continue to partner with truckers and the ports to ensure the continued movement of goods to California’s residents and businesses, which is critical to all of us."

The protest has caused some shipping vessels to skip the Port of Oakland entirely. The extra vessels are clogging other California ports such as Los Angeles and Long Beach.

\u201cAmid continued supply chain backups, a labor dispute on land is taking a toll on ships at sea. The Port of Oakland, one of the nation\u2019s busiest ports, is becoming clogged with undelivered goods as truckers protest a new California labor law.\u201d
— CBS Evening News (@CBS Evening News) 1658530208

Truckers are rebelling against California Assembly Bill 5 – which was signed into law by Newsom in September 2019.

AB5 called for "a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity’s business, and the person is customarily engaged in an independently established trade, occupation, or business."

Certain professions were exempt from AB5 – including insurance agents, health care professionals, investment advisers, realtors, barbers, and fishermen. In November 2020, app-based delivery drivers and rideshare drivers were made exempt from AB5. However, truckers were not exempt from AB5.

In January 2020, the trucking industry secured an injunction that prevented AB5 from including independent truckers.

Last month, the U.S. Supreme Court declined to review the case of the California truckers battling against AB5. The labor law would force independent contractors to be employees of trucking companies in order to work in California. As TheBlaze previously reported, AB5 affects 70,000 owner-operated truckers in California.

AB Trucking owner Bill Aboudi told CNBC, "It seems the governor is not concerned about taking American workers’ rights away. These are independent, small businesses that choose to operate their own trucks, and now that right is taken away from them."

A Los Angeles-based trucker told the Daily Caller, "This kills the liberty of being a trucker and kills the American Dream."

Republican California gubernatorial candidate and State Sen. Brian Dahle told the Daily Caller, "They've exempted all kinds of people from AB 5, but not truckers. We have a supply chain issue, we should let them go to work like everyone else. These are small business owners. Gavin Newsom is trying to force everybody to be employees and in unions even when they don’t want to."

\u201cToday, I had the opportunity to be at the Port of Oakland with truck drivers whose lives and businesses are being impacted by #AB5. This law has created a legal nightmare. I opposed AB 5 in the Legislature & I stand with our truckers and small businesses. #Dahle4Governor #CA\u201d
— Senator Brian Dahle (@Senator Brian Dahle) 1658338481

California law may backfire terribly as 70,000 independent truckers could be forced out of work, unleashing 'devastating' supply chain misery



A California law threatens to unleash more supply chain misery and inflation on residents of the Golden State by forcing independent truckers out of the workforce.

California Assembly Bill 5 was introduced by former state Assemblywoman Lorena Gonzalez, a Democrat, and signed into law in September 2019 by California Gov. Gavin Newsom.

AB5 called for "a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity’s business, and the person is customarily engaged in an independently established trade, occupation, or business."

Certain professions were exempt from AB5, including insurance agents, health care professionals, investment advisers, realtors, barbers, and fishermen. However, truckers were not exempt from AB5.

AB5 targeted independent contractors who were app-based delivery and rideshare drivers. Ironically, companies like Uber, Lyft, and Postmates were exempted from AB5 after Proposition 22 was passed in November 2020.

The trucking industry has been fighting the law ever since it went into effect, and secured an injunction that prevented AB5 from including independent truckers in January 2020.

California Attorney General Xavier Becerra called on U.S. District Judge Roger T. Benitez to reverse the injunction.

"The district court also abused its discretion in assessing the remaining preliminary injunction factors, erroneously concluding that Plaintiffs established irreparable harm despite the fact that they waited over 19 months to seek injunctive relief, and giving short-shrift to the State’s interest in addressing misclassification of state employees," Becerra stated in March 2020. "This Court should reverse."

On June 28, the U.S. Supreme Court declined to review the case of the California truckers battling against AB5.

"This ruling really took everybody off-guard, especially at the speed that they kicked this back and essentially made it law," Paul Brashier – vice president of a commercial transport company – told CBS News.

Now, the truckers must be employees of trucking companies and not independent contractors in order to be able to work in California.

However, there seems to be confusion on how the law will be enforced.

Norita Taylor, director of public relations for the Owner-Operator Independent Drivers Association, informed Bloomberg, "We have never gotten any good answers from anyone official in California on how this is supposed to be enforced or how our members can comply."

If the law is enforced, California faces a possible mass exodus of the state's estimated 70,000 independent truckers.

The Port of Oakland is especially vulnerable if independent truckers are forced out of work.

"There's 9,000 trucks that serve the port on a daily basis, and 90% of them are independent contractors. So, this is a big, big impact," said Bill Aboudi owner of AB Trucking in Oakland.

Aboudi explained that his independent contractors own their own trucks.

"It just doesn't work. You own your own truck, it's your truck. I can't take possession of it and start using it," he added. "In a case like my company, we just eliminate owner/operators and just reduce the workload."

Kevin McMaster – vice president of carrier sales at Flock Freight – noted, "This would cause a ripple effect in the industry, pushing many drivers who don’t want to apply for their own authority to lease out of state, likely in Arizona or Nevada, and even force some into retirement due to increased market pressures. There will likely be pressure added on capacity in California that could exacerbate an already tough environment where drivers are at a premium."

Brashier believes many independent truckers will leave California for states where they can work as contractors. The departure of the truck-owner operators would likely negatively impact Californians.

"It's going to adversely affect everybody," he told KPIX-TV. "And at the end of the day, with where we are with inflation being as high as it is, this is going to put inflationary pressure on the consumer, right?"

The California Trucking Association delivered a warning, "Gasoline has been poured on the fire that is our ongoing supply chain crisis. In addition to the direct impact on California’s 70,000 owner-operators who have seven days to cease long-standing independent businesses, the impact of taking tens of thousands of truck drivers off the road will have devastating repercussions on an already fragile supply chain, increasing costs and worsening runaway inflation."

Lorena Gonzalez – who authored AB5 and resigned from the state assembly in January – had no sympathy for the truckers.

"They’ve known for the last two and a half years that it was equally possible that this injunction would not hold," Gonzalez said. "This is not a shock.”

"The fact that trucking companies will have to abide by basic labor laws in CA takes us one step closer to rebuilding the middle class that was almost deregulated out of existence," tweeted Gonzalez – who now heads the California Labor Federation.

On Wednesday, California Republican lawmakers implored Democratic Gov. Newsom to either delay the implementation of the law or exempt truckers from AB5.

\u201cNEW: California Republican lawmakers request @GavinNewsom use his executive powers to delay AB5 (worker classification law) or exempt truckers from it altogether. \n\nThe group warns the workforce will take a hit, disrupting the supply chain, and drive inflation.\u201d
— Ashley Zavala (@Ashley Zavala) 1657140630

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