Estrada, 46, a truck driver for three years, is one of many independent contractors working in the Long Beach and Los Angeles ports who long to become regular employees because they lack benefits. Talking through an interpreter at a July 30 press conference outside a Long Beach Harbor Commission meeting, the soft-spoken Salvadoran immigrant said he and his coworkers were coerced by their employer into signing a petition stating they wanted to remain independent.
"I live the experience of having the dispatcher tell me, 'Here, you have got to sign this. Remember that the pinches want to take the truck away from you,'" said Estrada. "By telling the truth, I will probably get fired by tomorrow."
However, the Rev. William Smart, codirector of the Coalition for Clean and Safe Ports, an advocacy group including environmentalists, labor organizations, health advocates, and local religious and community leaders, assured the assembled that "We are not going to let anything happen to this man for standing up for righteousness and justice."
A week after the press conference, Estrada was still working for the same company but had been asked to do double shifts. He was also told he had to realign the rear axle of his 1983 International, which would cost him $5,000.
Last November, the Long Beach and Los Angeles ports introduced the Clean Air Action Plan (CAAP), an exceptionally ambitious strategy that puts the San Pedro Bay ports at the forefront of environmental policy efforts. The two ports, which together create the single largest source of air pollution in Southern California, account for 40 percent of national containerized trade, or $300 billion worth annually, and are expected to see a doubling of goods movement by 2020. The goal of CAAP is to reduce port-related emissions by 45 percent by 2011, while allowing for much-needed improvements and expansion of goods-movement capacity. The plan estimates the cost at more than $2 billion over the next five years, funded primarily by bond measures.
In June, the two harbor commissions postponed a final decision on the plan until September, to allow for further review and an economic impact study. The first steps would be reducing port-related diesel-truck emissions by 80 percent by 2011, introducing pollution fees on old trucks, enhancing port security, and requiring that companies operating in the ports meet concession standards.
The Clean Trucks Program, a central part of the plan, calls for the ports to replace or retrofit all trucks older than 1994 models, starting next January 1. About 16,000 diesel trucks operate in the two ports, and 15 to 18 percent are from 1988 or earlier. The Clean Trucks Program would also require trucking companies to make employees of all 16,000 drivers working in the ports.
"We did not ask our drivers to sign anything," said Robert Curry, president of K&R, whose company would adhere to any new operating procedures. "Seventy-five percent of our people have indicated in a straw vote they would rather keep their trucks."
As an independent contractor, Estrada is responsible for all costs associated with his truck, including repairs, tires, insurance, parking, and licenses. Although he works up to 90 hours per week, he brings home about $20,000 per year.
According to a 2004 survey of Long Beach and Los Angeles truck drivers - 90 percent of whom are from immigrant backgrounds like Estrada - their average workday lasts 11.2 hours. The average trucker, who works 33 percent more than a typical full-time employee, earns an annual income of $29,903 after expenses. Ninety percent have no health insurance and, because they get paid by the load, are dependent on their employers for work while receiving no workers compensation or retirement plans.
Port officials realize the cost of new trucks would be a hardship on companies and virtually impossible for most drivers.
"I think everybody expects the costs to go up," said Art Wong, assistant director of communications for the Port of Long Beach. "There is going to have to be added costs to clean up all these trucks, and business will pay the cost and pass the cost on to their customers."
Trucking industry representatives warn that CAAP would eliminate jobs and repel small businesses operating in the ports. Industry interest groups have announced they will challenge the plan with lawsuits, while environmentalists and organized labor groups support the plan and call for stricter environmental and workforce standards. The ports are gearing up for a legal fight: L.A. port officials recently met to discuss adding $2.185 million to its legal budget.
Wong is confident CAAP can withstand a legal challenge. "We're building a plan that has a goal of cleaning air quality, and we think we have the legal authority to require that the trucks coming in to port property are clean."
At the Long Beach Port Commission's July 30 meeting, the Coalition for Clean and Safe Ports presented 11,000 signatures supporting the Clean Trucks Program. Estrada, who got involved with the group after talking to one of its signature collectors, thinks the CAAP will benefit drivers. "I started working as a driver because I thought I would be able to live a better life, but I found that that wasn't true," he said. "I have nothing. If I get into an accident, there's no way to go, and when I retire I have nothing, no retirement plan."
Originally published in Los Angeles CityBeat on 08/16/2007
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