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Seattle Truck Drivers Shut Down Port to Protest Work-Related Dangers
Posted: February 2, 2012
Source: Crooks and Liars
Nearly 150 truck drivers effectively shut down shipping out of the Port of Seattle when they went to the state capitol in Olympia instead of the port, to protest dangerous work conditions in the trucking industry. Drivers were so concerned about the way the industry treats them that they risked their careers to make their voices heard.
This week the truck drivers – who toil under the guise of false self-employment – are making it their job to sound the alarm on occupational hazards, overweight containers, shoddy equipment, risks to motorists, and the culprits responsible for these rampant safety violations: their employers and their giant retail shipper clients like Wal-Mart, Sears, and Target.

The trucking bosses at Pacer, Seattle Freight, Western Ports and others were stunned, but the state troopers weren't. Washington's top cops testified before lawmakers right alongside the workers, detailing a dizzying array of dangers associated with the drayage industry: Chronic safety violations so serious that an investigative journalist discovered late last year that officers pulled 32% of rigs they inspected outside the terminals off the road — double the rate for trucks throughout the state. When specially trained troopers conducted more thorough inspections in 2011, King 5 TV reported, 58% of Port of Seattle cargo vehicles were yanked. And according to Captain Jason Berry's testimony, an astonishing 80% have been put out of service during certain recent time periods.

The drivers called upon legislators to support HB 2527, which would address many of the concerns they have.
Read the source story here.

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Teamsters, safety advocates oppose higher truck weight limit bill
Posted: February 2, 2012
Source: The Detroit News
Auto safety advocates, members of Congress and the head of the 1.4-million member International Brotherhood of Teamsters union said Wednesday they oppose a GOP plan to allow much heavier trucks on the nation's roads.

The House Transportation and Infrastructure Committee is considering the legislation, which is sponsored by Rep. John Mica, R-Fla., the committee chair.

It would raise maximum truck weights by more than eight tons and would overturn restrictions that ban triple trailer trucks and other longer combination vehicles on most U.S. highways. It also would impose exemptions on hours-of-service regulations, Occupational Safety and Health Administration rules and Hazmat training requirements.

Sen. Frank Lautenberg, D-N.J., opposed the effort. "It's a menace on the highways — one we don't need," Lautenberg said.

"Heavier and longer trucks mean greater stopping distances and shorter reaction times. This legislation is treacherous to the driving public," said Teamsters President Jim Hoffa, who called it a "recipe for danger and disaster. This legislation is a reckless giveaway to the trucking industry, and corporate greed is at the wheel. The driving public absolutely does not support these radical changes that will endanger our highways. This overhaul will not create jobs. It will damage our roads and bridges, costing taxpayers. It will put lives at risk."

John Runyan, executive director of the Coalition for Transportation Productivity, a group supporting the higher limits, said the bill "gives states the ability to open all, or portions of, their interstate networks to more productive, single-trailer trucks equipped with six axles rather than the typical five."

He said the new limit of 97,000 pounds would be safe. "The provision enables shippers to safely utilize wasted truck space that remains empty at the current 80,000-pound federal weight limit," Runyan said. "There is substantial evidence this truck weight proposal will save lives by enabling companies to reduce the vehicle miles traveled to deliver their goods and products."
Read the complete source story here.

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Teamsters Prepare to Strike Northern Ohio Red Cross
Posted: February 2, 2012
Source: Teamster.org
More than 200 Teamsters who work as blood collection workers and mobile unit assistants for the American Red Cross in Northern Ohio announced today that they intend to strike on Feb. 14 over concerns about donor safety.

The workers, represented by Teamsters Local 507 in Cleveland, have been trying to negotiate a new collective bargaining agreement for months, but the Red Cross is insisting on cutting health care benefits and reducing staff to unsafe levels, which they claim is necessary to keep profits growing.

“Our concern is donor safety,” said Albert Mixon, Secretary-Treasurer of Teamsters Local 507. “Teamsters have served our great community for years as steadfast workers at Red Cross. We are operating blood drives at high schools, community centers and hospitals every day. But now Red Cross’ blood services division wants to cut staffing levels to the point where donors should be concerned for their safety.”

Teamsters who work as blood collection and mobile unit assistants take their work very seriously. But their jobs have become increasingly difficult with continued staffing cuts. Now Red Cross is seeking even steeper staffing cuts to dangerous levels. The nonprofit also is intent on axing workers’ health care benefits, claiming all reductions are necessary to keep profits flowing.

“Red Cross needs to respect donors before dollars,” said Safeyyah Edwards, a Red Cross Instructor on blood collection who has worked there for the past ten years. “They tell us the cuts are necessary to keep improving their profit margin. But we question why profits should come before donor safety.”

“Donating blood saves lives,” Mixon said. “It shouldn’t be seen as just a moneymaker. We want to continue providing a safe, clean way for the public, which includes our own families, to give blood.”

There are other blood collection agencies in the Cleveland area, and Local Union 507 is encouraging donors to consider them during the strike, which is set for Feb. 14.

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America's Truck Drivers Shut Down Port of Seattle to Expose Dangers of the Job
Posted: February 2, 2012
Source: Clean and Safe Ports.org
Monday mornings are the busiest at any port, but this past one in Seattle the trucks were parked. Drivers spanning the major companies that do the most business in the Puget Sound simply turned off the engines, got out of their cabs, and stopped hauling. They had somewhere else they needed to be.

Port of SeattleSteely determination led roughly 150 port drivers to sacrifice income and risk retaliation to make the hour-and-a-half trek to swarm the State Capitol in Olympia.

Commerce at the Port of Seattle slowed to a trickle, and hasn’t picked up since.

This week the truck drivers – who toil under the guise of false self-employment – are making it their job to sound the alarm on occupational hazards, overweight containers, shoddy equipment, risks to motorists, and the culprits responsible for these rampant safety violations: their employers and their giant retail shipper clients like Wal-Mart, Sears, and Target.

The trucking bosses at Pacer, Seattle Freight, Western Ports and others were stunned, but the state troopers weren’t. Washington’s top cops testified before lawmakers right alongside the workers, detailing a dizzying array of dangers associated with the drayage industry: Chronic safety violations so serious that an investigative journalist discovered late last year that officers pulled 32% of rigs they inspected outside the terminals off the road — double the rate for trucks throughout the state. When specially trained troopers conducted more thorough inspections in 2011, King 5 TV reported, 58% of Port of Seattle cargo vehicles were yanked. And according to Captain Jason Berry’s testimony, an astonishing 80% have been put out of service during certain recent time periods.

If the drivers’ collective action sent shockwaves throughout the shipping and trucking industry, then their demonstration equally uprooted a commonly held societal belief. During the Occupy Wall Street port shutdowns, activists and well-intentioned sympathizers debated whether the blockades would siphon wages from port workers – arguably one of the greatest symbols of the 99% — or if it would suck profits from the 1%, such as the Seattle-based global terminal operator, Goldman Sachs’ SSA Marine, and its West Coast trucking outfit, Shipper’s Transport Express.

What their protest proves is that port drivers, as inside agitators, are very much willing to lose pay as a means to powerfully reveal the crushing economic forces that literally put their lives and livelihoods at risk. Even, and especially amidst a severe economic downturn. Their historical ability to self organize, unite, and seize opportunities to improve their working conditions, is unfolding before our eyes. Hundreds more drivers have since joined the safety work stoppage, and some companies remain shut with too few workers to move the cargo.

As their trucks remain parked, they’ve asked allies and supporters to help amplify their voices by reposting this and spreading the word about why they flooded the legislative hearing room to standing room-only capacity. One by one, they ferociously spoke in favor of HB 2527, a bill to shift responsibility for fixing the hazards, paying fines, and correcting safety violations off their sweat-ridden backs, and onto the broad shoulders of the mega-rich corporate owners of the tools of the trade like chassis.

Semere Woldu, who has been hauling cargo at the Port of Seattle for 8 years, told the panel:

“Our work is extremely dangerous. So the safety laws are very important. Unfortunately though, we drivers are forced to pay for violations that we are not responsible for. We often get tickets or are cited for faulty equipment that we don’t own. One time, my boss knew I had a heavy load. He told me to go by the scale early in the morning when it was closed to avoid having the load weighed.”

More drivers cited these illegal pressures their employers put them under, and shared their fears for their personal safety and the lives of motorists. “Every day, I haul two or three loads that are overweight, possibly putting myself and others at risk,” said Aynalem Moba, a 14-year port veteran. “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.”

Some explained the retaliation they face for blowing the whistle. They get banned from the terminals or are denied work by their dispatchers. They also told the legislators that if they get too many safety violations they risk losing their commercial drivers’ license and their livelihoods.

“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,” said 13-year driver Calvin Borders. “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.”

Some of the protestors have already been suspended. That has only sparked their co-workers to walk off the job in solidarity – and disgust. On Wednesday, these non-unionized men and women who are desperately seeking the protections that collective bargaining rights would provide were leafleting the terminals and the docks, positively engaging the dockworkers brothers and sisters at the longshoremen’s union, vowing to stay united, keep fighting for their rights, and all of our safety.

We’ll post updates as they come in. Will you stand with them and help spread the word?

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Hoffa: Indiana Law On Right To Work For Less Is Attack On Working Families
Posted: February 2, 2012
Source: Teamster.org
Light at the end of the tunnel turned offTeamsters General President Jim Hoffa today denounced Indiana Gov. Mitch Daniels’ signing of so-called “right-to-work” legislation into law as an attack on the millions of working men and women in the state.

“Indiana does not need or want this anti-worker legislation,” Hoffa said. “I know that working Hoosiers will not stand by and watch as their wages and benefits are driven down as a result of this new law. As we have seen over the past year, American workers will fight to protect the future of their families.”

Indiana had passed a right-to-work-for-less bill in 1957, only to see the law repealed in 1965 after public outrage shifted control of the state Legislature to the Democrats. In Ohio last year, millions of Ohioans voted to repeal Senate Bill 5, which would have stripped collective bargaining rights from nearly 400,000 public employees. 

By signing the bill into law, Daniels broke a promise to his constituents. In 2006, he told the Teamsters that he opposed right-to-work-for-less legislation when he spoke to Local 135 in Indianapolis.

At that meeting, (which can be viewed at http://bit.ly/A1AtON ), Daniels said, “I'm a supporter of the labor laws we have in the state of Indiana. I'm not interested in changing any of them, not the prevalent wage laws, certainly not a right-to-work law."

Daniels served as budget director under George W. Bush, during a time when the country went from a large surplus to a budget deficit.

“Gov. Daniels will soon learn the hard lessons that other anti-worker Republican governors are facing after overreaching and launching attacks on the middle class,” Hoffa said. “Catering to your corporate benefactors rather than representing your constituents is not the best course of action if you want to keep your job.”

Despite the political rhetoric that anti-worker politicians tout to sell the public on so-called “right-to-work” legislation, evidence shows it lowers income and benefits and has no impact whatsoever on job growth.

In the more than 10 years since right-to-work-for-less legislation was passed in Oklahoma, the number of new companies coming to the state decreased by one-third while the number of manufacturing jobs has decreased by the same measure. Oklahoma has also seen a rise in migration of jobs out of state since the passage of so-called “right-to-work.”

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Teamsters flood Indy for huge protest against RTW4less
Teamsters flood IndianaPosted: February 2, 2012
Source: Teamster Nation
Thousands of working people crowded the Indianapolis streets today to protest the passage of right-to-work-for-less legislation. Our Teamster brothers and sisters were there in force, along with members of other unions, their families, their friends and their neighbors.
As many as 20,000 were estimated to have spoken out against the legislation that will lower wages for all Hoosier working families.
Said labor activist Cathy Sherwin via Twitter:

Hoosier workers as far as I can see!
Another Twitter post read:
Union member Rose has been directing traffic for 25 minutes. Marchers keep coming.
The bill passed 28-22 earlier today, despite shouts of disapproval from ever-growing crowds inside the Statehouse. Later, a rally was held outside the Statehouse lawn, followed by a march to Lucas Oil Stadium, where the Super Bowl will be held.

Here's the AFP on what happened:
While Super Bowl players prepared for Sunday's NFL title showdown, protesting workers marched on the host stadium after a vote Wednesday by Indiana lawmakers to weaken union power in the state.

With thousands of protesters in and around the Statehouse in the shadow of the NFL host hotel, the Indiana Senate voted 28-22 for a bill that forbids companies from making deals with unions that force non-members to pay dues.

"It's a union-busting tactic all the way," said protesting carpenter Mike Coomes. "You just create more poverty. They want us to go back to slavery. We've worked 150 years to get here and they wiped it out in one vote."

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Teamsters Fight Against Reckless Push to Allow Heavier, Bigger Trucks
Posted: February 2, 2012
Source: Teamster.org
Teamsters General President Jim Hoffa joined Sen. Frank Lautenberg, D-N.J., Rep. James McGovern, D-Mass., highway safety advocates and family members of truck crash victims at a press conference today to speak out against legislation that would make radical changes to federal law, allowing heavier and bigger tractor trailers on U.S. highways. View more photos from this event.

“Many Teamsters drive for a living and they know up close the dangers involved if the size and weight of commercial trucks on our highways are increased,” Hoffa said. “Heavier and longer trucks mean greater stopping distances and shorter reaction times. This legislation is treacherous to the driving public.”

The House Transportation and Infrastructure Committee is considering the legislation, which is sponsored by House Transportation Committee Chairman John Mica, R-Fla.

It would raise maximum truck weights by more than eight tons and would overturn restrictions that ban dangerous triple trailer trucks and other longer combination vehicles on most U.S. highways. It also would impose exemptions on important hours-of-service regulations, Occupational Safety and Health Administration rules and Hazmat training requirements.

“This legislation is a reckless giveaway to the trucking industry, and corporate greed is at the wheel,” Hoffa said. “The driving public absolutely does not support these radical changes that will endanger our highways. This overhaul will not create jobs. It will damage our roads and bridges, costing taxpayers. It will put lives at risk.”

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Port of Longview signs off on ILWU and EGT settlement
Posted: January 30, 2012
Source: The Daily News
Port of Longview commissioners Friday signed off on a settlement with EGT Development and union dock workers. The pact provides a framework for longshoremen to work inside the $200 million grain terminal and end one of the area's longest, angriest labor disputes in decades.

EGT and the International Longshore and Warehouse Union still have not signed a labor contract, but both sides agreed on the settlement before submitting it to port commissioners, according to port attorney Frank Randolph. Rank-and-file ILWU members approved the agreement Tuesday, according to the union.

The agreement, announced by Gov. Chris Gregoire Monday, effectively settles a federal lawsuit between EGT and the port over labor requirements at the terminal and halts past claims from the dispute.

The highlights
• EGT recognizes that workers from ILWU's Longview-based Local 21 are the most qualified employees to run the terminal, and all workers must be dispatched from the Local 21 hall. Those workers must then vote on whether they wish to be represented by the ILWU. The provision is a way to avoid violating federal labor law, which prohibits companies from designating a union before it even hires a work force. • All workers must have at least one year of grain-handling experience, come from a pool of employees pre-authorized by EGT and be available when ships and trains are called. EGT won't be mandated to keep workers on the job even if there is no grain to move.

Both sides must drop all unfair labor practice claims and other litigation. The ILWU would still be responsible for damages incurred during last summer's protests, which a federal judge determined was more than $300,000. The union has appealed the amount.

• The Port of Longview amended its lease agreement with EGT so the company is not bound to hire members from any union to work in the terminal. Union negotiators agreed to this stipulation so they can move forward with collective bargaining, according to Randolph.

• The ILWU must request all outside groups, including other labor unions and the Occupy movement, to refrain from picketing at EGT. The Occupy movement and Cowlitz Wahkiakum Central Labor Council had called for mass pickets of the first incoming ship to load grain at the EGT terminal, which is expected within the next few weeks. The union is allowed to resume its picket if collective bargaining talks break down.
Read the complete source story here.

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Revised Hours of Service Final Rules
Posted: January 30, 2012
Hours of service revised rules document linkSource: IBT, Safety and Health Department
Please be advised that the Federal Motor Carrier Safety Administration (FMCSA) released a revised Hours of Service Final Rule that will go into effect on February 27th, 2012. Provided to the right is a pdf document download link with a brief summary of the new regulatory requirements and the dates in which drivers and motor carriers must comply with the certain provisions of the revised rule. Note that the compliance date for certain provisions of the rule is provided. In addition, a fact sheet accompanies this memorandum, to provide you with additional information.

The new rule contains the following revisions:

34 Hour Restart Provision
Effective July 1st, 2013, the revised 34-hour restart provision will limit the use of restart to once every 7 days (168 hours) and require that each 34-hour rest period include two off-duty periods between 1 AM and 5 AM.

Mandatory Break Rest Break Provision
Effective July 1st, 2013, the new rule will prohibit drivers from operating a commercial motor vehicle if more than 8 hours have passed since the driver's last off-duty period of at least 30 minutes. Essentially this means that drivers are required to take a break of at least 30-minues within the first 8 hours of having reported for duty. If the driver does not take as described above, he/she will not be permitted to drive a commercial motor vehicle until such break is taken.

On-Duty Time
The new rule establishes a revision to the definition of On-Duty Time. According to the new definition, "On-Duty Time" WILL NOT include time:

Hopefully this information is helpful to you. If you have any questions, please contact the Safety and Health Department at (202) 624-6960.

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National Labor Relations Board
Posted: January 30, 2012
Source: IBT Legislative Update
On November 30, the House considered H.R. 3094, the "Workforce Democracy and Fairness Act," an attempt at overriding a new proposed rule on union elections by the National Labor Relations Board (NLRB). The bill would mandate a delay in union elections by requiring that workers wait at least 35 days after petitions have been filed to hold a vote, but there is no limit on how long an election may be delayed. During this time, employers will continue to use all the anti-union tactics that have been used for years to coerce workers not to form a union. H.R. 3094 would also give employers more power to gerrymander the eligibility of voters in union elections. While the bill easily passed in the House by a vote of 235-188, it will fortunately go nowhere in the Democrat-controlled Senate.

On December 21, the NLRB adopted the final rule on union election procedures, the same rule that House Republicans were attempting to override with H.R. 3094. The rule would make elections fair by allowing them to go to the ballot sooner after workers request a vote. The rule was decided by a 2-1 vote of the board. It was published in the Federal Register on December 22 and will go into effect on April 30, 2012. The U.S. Chamber of Commerce has filed a lawsuit against the new rule.

Despite GOP Senators' request that President Obama not make any recess appointments to the NLRB, on January 4, the President made three recess appointments to fill out all of the Board's five slots. The two Democratic appointees are Sharon Block, Deputy Assistant Secretary for Congressional Affairs at the U.S. Department of Labor, and Richard Griffin, General Counsel for the International Union of Operating Engineers (IUOE). Terence Flynn, Chief of Staff to NLRB Board Member Brian Hayes, fills a Republican slot. Former recess appointee Craig Becker's term has expired. Dennis Pearce and Brian Hayes remain on the Board.

Representative Jeff Landry (R-LA) has introduced legislation to limit the authority of the NLRB, as well as the Consumer Financial Protection Bureau (CFPB), as long as they are headed by recess appointees.

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Mexican trucks cross-border pilot program
Posted: January 30, 2012
Source: IBT Legislative Update
The Federal Motor Carrier Safety Administration (FMCSA) conducted a preauthority safety audit (PASA) on another Mexican carrier, Moises Alvarez Perez (Distribuidora Marina EI Pescador) seeking operating authority within the U.S. A notice for public comment was published in the Federal Register on November 29, and a 10- day public comment period began.

On December 9, the IBT submitted comments requesting that a revised PASA for the carrier be issued that contains more comprehensive data and allows for more than 10 days to respond, which is less than the normal 30-day public comment period. The IBT's comments also called into question the insurance records and vehicle requirements of the carrier, as well as the overall legitimacy of a carrier that lists its U.S. place of business as a home in an upscale neighborhood of Chula Vista, California, and its Mexican place of business as a lot with the motor carrier's tires stored in the yard. The FMCSA responded to the comments on December 22, stating that the 10-day response period was adequate and summarily dismissed the issue of the business locations of the Mexican carriers. Moises Alvarez is now the second carrier to participate in the pilot program with one truck and one driver.

Up to this point, only one Mexican carrier with one truck, Transportes Olympic, had received full operating authority, despite objections raised by the I BT and our allies regarding its safety record. A third carrier, Grupo Behr, was denied a permit for operating authority because of safety issues that the IBT and our allies raised. Grupo Behr was subsequently cited for violating its operating authority by leasing its trucks and drivers to a U.S. carrier.

On the legal front, the IBT, Sierra Club, and Public Citizen lawsuit challenging the current pilot program has been moved to the U.S. Court of Appeals for the D.C. Circuit. The suit claims the FMCSA breaks the following laws:

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FAA Reauthorization
Posted: January 30, 2012
Source: IBT Legislative Update
On January 20, House and Senate Leadership announced that an agreement had been reached on the union election dispute that has kept a multi-year Federal Aviation Administration (FAA) Reauthorization bill from passing Congress. Last year's House version of a Reauthorization bill had included a provision to repeal the National Mediation Board's (NMB) rule change for union representation elections in the rail and airline industries. The new rule allows a union to be certified as a bargaining representative if a majority of workers who vote in the election approve the union, instead of needing a majority of all eligible voters. Before the rule change, a worker who did not vote in the election was automatically counted as a "no" vote.

As part of the recently-reached agreement, this rule will be left intact, but the threshold level for calling a vote will be raised. As it stands now, 35% of all eligible workers must petition in order for a vote to be held; that threshold would be raised to 50% of all eligible workers. In addition, public hearings would be required for all "substantive" rulemaking by the NMB, and the Government Accountability Office (GAO) would be required to audit the NMB every two years for "efficiency and effectiveness," including the union certification process. A new GAO report would also be issued that examines this certification process and makes any recommendations for change to Congress.

While an agreement has been reached on this issue, there are a few other issues, such as the number of long-distance flights at Ronald Reagan Washington National Airport, that must still be worked out between the House and Senate. The current extension of funding for FAA programs expires at the end of this month. On January 24, the House passed another short-term extension through Feb. 17th , and on January 26, the Senate passed the same extension by unanimous consent, allowing more time for consideration of the Reauthorization bill.

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Restricting the Use of Cellular Phones
Posted: January 30, 2012
Source: IBT Legislative Update
On November 23Td , 2011 the Federal Motor Carrier Safety Administration (FMCSA) and Pipeline Hazardous Materials Safety Administration (PHMSA) issued a final rule amending the Federal Motor Carrier Safety Regulations (FMCSRs) and the Hazardous Materials Regulations (HMRs). This nile was issued to improve safety by reducing the frequency of distracted driving related crashes, fatalities, and injuries involving drivers of commercial motor vehicles (CMVs). The Agencies also amended their regulations to implement new driver disqualification sanctions for drivers of CMVs who fail to comply with the Federal restriction and new driver disqualification sanctions for commercial driver's license (CDL) holders who have multiple convictions for violating a State or local law ordinance on motor vehicle traffic control that restricts the use of hand-held mobile telephones. Additionally, motor carriers are prohibited from requiring or allowing drivers of CMVs to use mobile, hand-held telephones while operating CMVs. The Final Rule becomes effective January 3rd, 2012.

OVERVIEW OF NEW REGULATION
This rulemaking restricts a CMV driver from holding a mobile telephone to conduct a voice communication, dialing a mobile telephone by pressing more than a single button, or reaching for a mobile phone in an unacceptable and unsafe manner (e.g. reaching for any mobile telephone on the passenger seat, under the driver's seat, or into the sleeper berth). A driver of a CMV who desires to use a mobile phone while driving will need to use a compliant mobile telephone (such as hands-free) located in close proximity to the driver that can be operated in compliance with this rule. Thus, the ease of "reach" or accessibility of the phone is relevant only when a driver chooses to have access to a mobile telephone while driving. Essentially, the CMV driver must be ready to conduct a voice communication on a compliant mobile telephone, before driving the vehicle.

The new rule adds a driver disqualification provision for: (1) interstate CMV drivers convicted of using a hand-held mobile telephone, and (2) CDL holders convicted of two or more serious traffic violations of State or local laws or ordinances on motor vehicle traffic control, including using a hand-held mobile telephone. The rule also requires interstate motor carriers to ensure compliance by their drivers with the restrictions on use of a hand-held mobile telephone while driving a CMV. Finally, the rule prohibits motor carriers and employers from requiring or allowing a CMV driver to use a hand-held mobile telephone while operating in interstate commerce.

APPLICABILITY
Amendments to §177.804; §39O.3; §392.82
The new rule will apply to operators of all CMV s as defined in 49 CFR Part 390 of the Federal Motor Carrier Safety Regulations., ie., a vehicle that "has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight of 10,000 pounds or more; is designed or used to transport more than 8 passengers (including the driver) for compensation; or is designed or used to transport more than 15 passengers(including the driver, and is not used to transport passengers for compensation; or is used in transporting material found by the Secretary of Transportation to be hazardous and is transported in a quantity that requires placarding.

DEFINITIONS
Amendments to §383.5; §390.3; §390.5; §392.82
FMCSA adds a new definition for the term "mobile telephone." The Agency adopts a definition of "mobile telephone" based on the FCC regulations. "Mobile telephone" could include, for example, a satellite telephone service or a broadband radio service. FCC classifies these services as "commercial mobile radio services," which are incorporated into the definition of mobile telephone. The FCC definition for mobile telephone does not include two-way or Citizens Band radio services.

FMCSA defines "use a hand-held mobile telephone" to clarity that certain uses of a hand-held mobile telephone are restricted, including holding, dialing, and reaching in a proscribed manner for the mobile telephone to conduct voice communication. That is, if a compliant mobile telephone is close to the driver and operable by the driver while restrained by properly installed and adjusted seat belts, then the driver would not be considered to be reaching. Reaching for any mobile telephone on the passenger seat, under the driver's seat, or into the sleeper berth are not acceptable actions.

FMCSA modified the existing definition of "texting" in 49 CFR 390.5 to reflect the Agency's restriction on a driver's use of a hand-held mobile telephone in this rule. FMCSA eliminated the dialing exception, as it would now be considered texting. Under the provisions implemented in this rule, the driver can press a single button to initiate or terminate a call.

Driving, for the purpose of a disqualification, States must disqualify a CDL driver whenever that driver is convicted of a number of violations (see Disqualitifications Section) while operating in any State where such conduct is restricted or prohibited by a State or local law or ordinance on motor vehicle traffic control. This means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.

The Agency modified the definition of "driving" removing the phrase ''with the motor running" and replacing it with "on the highway" to clarify the scope of the restriction. The modified definition now reflects the use of hybrid vehicles on the highways, which can be operated without the motor running.

DISQUALIFICATIONS
Amendments to §383.51, §391.15
The final rule prohibits commercial drivers from using a hand-held mobile telephone while operating a commercial truck or bus. Drivers who violate the restriction will face federal civil penalties of up to $2,750 for each offense and disqualification from operating a commercial motor vehicle for multiple offenses.

FMCSA adds a new serious traffic violation that would result in a CDL driver being disqualified. This serious traffic violation is a conviction for violating a State or local law or ordinance on motor vehicle traffic control restricting or prohibiting hand-held mobile telephone use while driving a CMV. The disqualifications are as follows:
EXCEPTIONS
Amendment to §391.2
There is a limited exception to the hand-held mobile telephone restriction. This exception allows CMV drivers to use their hand-held mobile telephones if necessary to communicate with law enforcement officials or other emergency services.

Please contact the FMCSA for more information.

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IN Teamsters not giving up RTW fight
Posted: January 29, 2012
Source: Teamster Nation
Though right-to-work-for-less passed the Indiana House last week, it still has to pass the Senate. So our brothers and sisters are still fighting. They're putting intense pressure on senators to vote against the heinous bill.

Here's Bob Warnock III, president of Local 364 in South Bend, in a letter to his members:

The fight to protect Hoosiers wages, health insurance and pensions is not over. We are not giving up.

Senator Joe Zakas is not representing working Hoosiers and continues to side with Daniels, Bosma, Long and big business. He has stated he will vote for “Right to Work for Less” and that he will not change his mind. He will not and is not going to support the citizens in his district and vote against “Right to Work for Less.

Please take the time Saturday, January 28 through February 1 to contact Senator Joe Zakas every day and ask him to change his mind and do what a clear majority of his constituents want - “VOTE AGAINST RIGHT TO WORK FOR LESS.”

Meanwhile, the laborers picketed a Superbowl pregame event yesterday to protest the right-to-work-for-less bill. More people are picketing Superbowl Village today.
Read the source story here.

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Trucking Industry, Teamsters Clash Over Owner-Operator Bill
Posted: January 27, 2012
Source: The Journal of Commerce
The harbor trucking industry is clashing with the Teamsters union over a bill before the Washington state legislature that would classify owner-operators as employees rather than as independent contractors.

The bill is similar to legislation introduced last year in California. That bill was placed in the “inactive file” last summer when it failed to progress, but since California legislation can continue on for two years, it could be resurrected at any time this year.

Generally, the drayage truck driver classification issue is part of the Teamsters’ strategy to organize drivers at ports across the country. Unions can not organize independent contractors, but if truck drivers are classified as employees of harbor trucking companies, the Teamsters could legally organize the drivers.

The Washington Trucking Association, which opposes classifying drayage truck drivers as employees, told a legislative committee Tuesday in Olympia, Wash., that the bill would violate federal preemption law.

[...] The Teamsters charge that misclassification of drivers as independent contractors denies the drivers normal financial protections such as overtime wages and unemployment benefits that they would receive as full-time employees. Also, misclassification results in lost tax revenue to the state that would normally be paid by employers.

Heather Weiner, the Teamsters political director in Washington State, said the legislation could move quickly due to the relatively short 60-day session of the legislature. If the bill is approved in the House of Representatives and the State Senate, it could go up for final approval in early March, she said.
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Final Hours Rule for Truckers
Posted: January 21, 2012
Source: Journal of Commerce
Daily work limits 11 hours driving, 14 hours on-duty. Starting Feb. 27, 2012:

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