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Illegal immigrants can then speak against employers w/o fearing deportation 2.18.00 Dena Bunis Orange Cty Register
A booming economy and tight labor market could help fuel this week's call by organized labor for a new immigration amnesty. Such an amnesty, the first since 1986, would make legal an estimated 6 million undocumented workers and their families throughout the U.S.
At Applied Medical Resources in Laguna Hills, Patrick McNenny needs more employees and would welcome such an amnesty. Family members and friends of current employees who would make prime candidates for his company cannot be considered because of their immigration status. "We manufacture 100 percent of our goods in Laguna Hills and we would like to continue to manufacture in the United States," said McNenny, vice president for operations.
The AFL-CIO proposal would also repeal a 1986 law that requires all new employees to produce documents
proving they are legally entitled to work in the U.S. Organized labor supported that system in 1986. But, they say, it has turned into a way to silence worker complaints and make organizing workplaces with many immigrants
difficult.
Coe says it's labor's "greed" to add more members that is driving this proposal. In recent years as more immigrants have joined the work force, particularly in the service sector, unions say they have tried to organize those workers only to find many are afraid to come foward and talk about working conditions.
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Unionizing L.A. guards isn't easy The Service Employees Intl drive is up against landlords who dislike having janitors and guards in the same organization. 9.17.05 Cara Mia DiMassa L.A. Times
They are sentinels of the new downtown Los Angeles: the thousands of security guards who stand outside lofts in the Old Bank District, patrol the granite and marble foyers of Bunker Hill high rises and keep watch over the bustling Broadway shopping district. The Service Employees Intl Union has made it a top goal to unionize the area's office guards, setting the stage for a labor battle that downtown hasn't seen since cleaning crews went on strike 5 years ago. But it's proving more difficult than the union expected.
Their argument: It's wrong for janitors and guards who work in their buildings to belong to the same union. The union says it has collected cards of support from most of the guards working in targeted buildings. But those guards are employed by contract firms, which, in turn, are hired by the landlords.
SEIU Local 1877 estimates that there are 10,000 office guards in Los Angeles County, most of them serving downtown's high-rise towers and condos. Many of the guards, the union says, are paid low wages and must pay their own healthcare costs.
Robert Maguire was one of the most vocal supporters of the janitors' efforts in 2000. The company, said Moretti, already has arrangements in place to ensure that the guards in its buildings receive healthcare and wages higher than industry standards. The unionization effort is focused primarily in downtown but would also cover other areas, including Century City and Westwood.
Union officials have been hoping for another victory with the guards. Shaffer said that the current bidding process between guard companies and landlords often ensures that landlords hire the company with the lowest bid. "Every dollar you take out of a bid is coming out of a worker's pocket," he said.
Last weekend, as part of the weekend campaign, congregations at a number of predominantly African American churches, including Mt. Gilead Baptist Church, prayed for the guards' efforts. This weekend, other churches will be holding similar events. The guards, said Mt. Gilead Pastor William Monroe Campbell, "are without voice, and they are in a vulnerable place of employment."
As an employee of Universal Protection Services, the third firm to oversee security in the buildings since she arrived, Lewis said she makes $9.35 an hour. "It is a steady job, but it's not a living wage," she said. "We are protecting the whole building and everyone in it. But we are at the bottom of the pay level, the respect level. And it's getting worse."
Sacramento After months of strategic circling, Assembly Democrats are reaching out to some of the state's most powerful Indian tribes, seeking a compromise that could seal multibillion-dollar gambling deals that have been stalled since August.
That has spurred intense negotiations over the past week aimed at breaking the long impasse. The Pechanga tribe near Temecula was on the brink of a deal, although an aide to the speaker said nothing had been finalized. |
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California prison guards' power called 'disturbing'
Federal investigator says governor backpedaled on reform by giving too much power to union. 6.22.06 Jenifer Warren, Peter Nicholas L.A. Times
Sacramento After launching "one of the most productive periods of prison reform" in California history, Gov. Arnold Schwarzenegger has retreated from the cause and given the guards union a "disturbing" level of clout over prison policy and operations, a federal court investigator charged Wednesday. Special Master John Hagar accused Schwarzenegger of backpedaling and warned that California was returning to an era when union leaders were allowed to "overrule the most critical decisions" of prison administrators.
Hagar, whose findings were spelled out in a 34-page report, linked the turnaround to the governor's January appointment of Susan Kennedy, one-time aide to former Gov. Gray Davis, as his chief of staff. Within 4 months of her hiring, Hagar said, 2 of Schwarzenegger's handpicked Corrections Dept chiefs had resigned amid concerns that union officials were being given too much say over appointments and other management moves.
Hagar's draft report is ultimately intended for U.S. District Judge Thelton Henderson, who presides over two ongoing cases involving California's severely overcrowded and widely maligned prison system. First, however, Hagar will hold a July hearing so the union and state can raise objections.
At the union's West Sacramento headquarters, executive vp Chuck Alexander called the report a collection of "unfounded, inaccurate accusations" and lambasted Hagar for "not vetting these issues before putting pen to paper."
In a prepared statement, the governor's press secretary, Margita Thompson, said "open lines of communication" with all groups, including labor unions, were essential to prison reform. She said Schwarzenegger believes "it is irresponsible & ineffective to solve our prison crisis without communicating with every party involved."
With 31,000 members, the union is one of the most powerful players in California politics, having contributed millions to candidates and initiative fights in recent years. At the start of his term, Schwarzenegger distanced himself from the union. Its leaders said the chilly relations compared to friendlier connections of the Davis administration meant they were excluded from many decisions that affected their rank and file.
Under pressure from Henderson, he also rebuilt the employee disciplinary system and toughened penalties for wrongdoing, moves that Hagar praised Wednesday. (Hickman quit 2.06, replaced by Jeanne Woodford, who left the administration 4.06)
Aides said that although Kennedy & Aguiar have met with the prison officers union, including lunching with its president, it has been mostly to discuss prison overcrowding and construction. They denied a charge by Hagar that Kennedy & Aguiar had met with the union about a candidate recommended for a job by then-Corrections Secretary Woodford.
In another sign of improved relations between Schwarzenegger's office and the prison guards union, the governor had a meeting with union President Mike Jimenez as recently as Tuesday. Schwarzenegger & Jimenez spoke for half an hour about prison overcrowding, prison construction and a proposal to relocate female inmates, according to governor's communications dir. Adam Mendelsohn.
Study reveals disparity in tribal gaming wages
Results of the 2007 Indian Gaming Compensation Survey by Scottsdale-based WageWatch, Inc., reveal that wages for hourly workers still lag the hotel industry, while management jobs are paid significantly greater. A sample of 8 jobs paid hourly shows that wages in Indian gaming organizations are 8% below the average wages for the same group of hourly paid jobs in full service hotels. These results are almost identical to the findings for a similar study completed on 2005 wages.
However, pay for management positions in Indian Gaming is considerably higher, especially for jobs such as Director of Security, Director of Human Resources, and Controller. These three jobs alone average 18% higher in Indian Gaming properties compared to those in full service hotels. |
ATA executive director Karen Stuart expressed her anger at the decision. "Agents now twice have been
left without an agreement after negotiation and approval by the SAG National Board," she said. Ms Stuart
said that negotiators had worked hard for more than 3 years to come up with a fair proposal. Ms Stuart
also raised the possibility of legal action against the Guild, saying the ATA would "seek redress for the
considerable damage that SAG has caused." SAG was recently embroiled in controversy over the
election of its president. An e-mail gaffe forced the union to re-stage an election which had put former
Little House on the Prairie star Melissa Gilbert in office, after it emerged voters in New York were given an
extra 2 days to return their votes. Ms Gilbert was successfully elected, for the second time, in March.
Agents argued that the business rules were out of date, however opponents of the scheme said any new deal
would result in agents becoming producers. The current deal, brought into place in 1939, was drafted in to curb
conflicts of interest and protect actors from exploitation by talent agents. Tess Harper from SAG said the new deal covers 3 important principles.
Judge rules against MediaNews, for Newspaper Guild & LB Press-Telegram workers
Los Angeles An administrative law judge has ruled against MediaNews (Garden State Newspapers
Inc.) on most counts in a case brought against it by the National Labor Relations Board on behalf of workers at the Long Beach CA Press-Telegram. In a strongly worded decision, Judge Gerald A. Wacknov ruled that, among other matters:
Southern California Media Guild
TNG-CWA Local 39069 ( nee L.A. Newspaper Guild, Local 69)
Box 769, Long Beach CA 90801 562.432.3888 socaltng@aol.com
The judge further ordered that it "cease and desist from" unilaterally increasing the work load of district advisors in the circulation dept and not interfere with, restrain or coerce employees in the exercise of their rights guaranteed by the National Labor Relations Act. Further he ruled that helpers must be reinstated to load and unload trucks.
He ordered that within 14 days of the ruling (dated June 30, but only recently received by the Guild), the company
post a notice and mail to the transportation workers a strongly worded pronouncement that says, among other
things:
Bargaining resumed Thursday, July 13. Press-Telegram unionized workers have been without a contract since
MediaNews took over the "assets" of the Press-Telegram in late 1997 and have given the bargaining team
authority to call a strike. The contract that was in place there for nearly 60 years was not recognized by the NLRB
as continuing because the pact did not specifically reference "asset" sales, even though the contract said the pact "shall inure and be binding upon the successors and assigns of the publisher."
Since the MN takeover, reporters, photographers, many editors and circulation workers went without sick leave,
bereavement leave, in circulation even without any vacation leave; had their insurance premiums hiked above other workers (Knight-Ridder lost a similar case when it did the same thing to the Press-Telegram workers when KR owned the business); and wages were slashed up to 47%. One of the most recent company proposals was to pay P-T workers less than L.A. Daily News workers, even though P-T reporters' stories appear in the Daily News with bylines that say "staff writer."
US actors reject agents deal
The Screen Actors Guild (SAG) voted to reject a proposal which would have allowed the ownership of talent
agencies by film production companies. The proposal would have changed a system that has operated in
Hollywood for more than 60 years, union officials said. But members apparently feared a conflict of interest if their
movie producer employers were also their agents. They voted the move down by 54% against 46% in a postal ballot. SAG pres. Melissa Gilbert said: "The membership has spoken. "SAG's mandate remains unchanged." The SAG board had voted in favour of the move in March, advocating a deal with Association of Talent Agents (ATA) & National Association of Talent Representatives.
4.21.02 BBC
Hollywood agents get more power
Hollywood agents have agreed a tentative agreement with the actors union to give them more power in movies
& tv production. The deal, which is the first change since 1939, will allow agents to invest in or receive
investments for movie productions, as long as they do not become the employers of the actors they represent. The
two sides had been locked in intense discussions for 5 weeks. Assoc. of Talent Agents/National Assoc. of Talent
Representatives (ATA/NATRA) wanted an increase in the current 10% they are allowed to invest in
productions. They have now agreed a 20% limit with the Screen Actors Guild (SAG).
2.26.02 BBC
She said: "First, a guarantee of uncompromised representation; second, assurance that agents will not become employers of the actors they represent; and third, benefits must flow to both sides of the table."
The new deal aims to allow actors to make fully informed decisions about the choice of their agents. The proposed deal has yet to be ratified by SAG's 96,000 members, however the union's Tom LaGrua believes his members will back it. He said: "This agreement is a win-win for actors. "It empowers actors with the essential information needed to choose the kind of franchised agent who works best for them." In addition, the accord would establish an Actor Benefit Fund for contributions from agents to SAG's health plan.
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Port jobs expected to lure thousands 8.2.04 Alex Veiga AP
Los Angeles It's not the California Lottery, but in the coming weeks thousands of people are
expected to take a chance on landing a high-paying job as a dockworker as the ports of L.A. & Long Beach
look for help handling a crush of cargo.
Organizers figure more than 20,000 people will apply, but only 3,000 will make it on the roster of casual workers
hired on a daily basis as needed. Those who manage to get on the roll can accumulate work hours and eventually become fully registered longshoremen, potentially earning more than $100,000 a year.
By comparison, the mean hourly wage paid to workers in white-collar occupations was $21.09 in 2002, according to the most recent data compiled by the Labor Department. Workers in blue-collar jobs earned a mean hourly wage of $14.51 for the same year.
People without a college degree, who last year made up an estimated 71 percent of U.S. workers, have seen their wages stagnate or fall, Mishel said. "A big part of the erosion is the fact that blue-collar workers are far less likely now to be unionized," he said.
The 10-day shutdown cost the U.S. economy an estimated $1 billion to $2 billion a day. The union & PMA finally agreed on the current process for recruiting more workers. Last week, both sides decided to promote 1,000 existing casual workers a step closer to full longshore status and agreed to add the 3,000 casual hires. Eventually, 2 drawings will be held to select 3,000 applicants.
Civil case vs. port is roiling the waters
Ex-commissioner's lawsuit proceeding
David Malcolm's 2 decade career in San Diego County politics ended January 2002 when he resigned from the
Port Commission in a conflict-of-interest scandal, but his presence is still being felt at the Port District as legal fees mount. Malcolm sued the San Diego Unified Port District and former port atty David Chapman in November,
claiming that bad legal advice led him to violate state law. The District Atty's Office prosecuted Malcolm, who
pleaded guilty to a felony April 2003.
Port Commission chair Peter Q. Davis said the Port District has an obligation to fight the lawsuit rather than seek a settlement. "I think people feel that David's pleading guilty to a felony blemished the port's reputation, and to
compromise might add to that blemish," Davis said. "The port feels a strong responsibility to cleanse its image
because of Malcolm."
Malcolm made the offer against his atty's wishes, telling the port that he would cap any judgment he might win at $400,000, Stanford said. Malcolm's only requirement was that the port write a letter of support to the judge who presided over his criminal trial as part of his planned effort to have his felony conviction reduced to a misdemeanor. The Port District refused the request, Stanford said.
"This case involves a businessman who would not have entered into this transaction but for the negligent legal
advice he received from the port's atty," Stanford said. If the case goes to trial, Malcolm will seek more than $2
million in damages for lost business & emotional distress. Stanford said Malcolm paid $600,000 in atty fees
& fines in his criminal case.
Malcolm sued the Port District after the agency rejected a claim he filed in July 2003 accusing Chapman of
malpractice & breach of fiduciary duty in advising the commissioner. In fighting the lawsuit, the port so far has
paid the Los Angeles law firm of Richards, Watson & Gershon $177,629 and the San Diego law firm of
Coughlan, Semmer & Lipman $144,401. Those legal fees are in addition to $800,637 the port paid to attys
who represented Malcolm in a lawsuit filed in December 2000 by a Sacramento lawyer. In that lawsuit, Tony Miller
alleged that Malcolm violated the state's Political Reform Act by failing to fully disclose his financial interests while
serving as a port commissioner from 1995 through 1999.
The Port District agreed to settle the lawsuit in April 2002 for $600,000, with the port's insurer paying $500,000 of
the total. Much of Malcolm's legal troubles were tied to his business relationship with Duke Energy, a port tenant
that operates the South Bay Power Plant in Chula Vista. As a commissioner, Malcolm took a leading role in a deal
that allowed Duke to enter a 10½-year lease with the Port District to operate the power plant. The lease took effect
in April 1999. About a year later, while Malcolm was a commissioner, he entered a $20,000-a-month consulting
contract with Duke. He was paid $210,000 under the roughly one-year contract.
Malcolm's contract called for him to put Duke's interests ahead of all others, specifically naming the Port District.
Public disclosure of Malcolm's contract eroded his support among members of the Chula Vista City Council, which appointed him to the commission, and he resigned in January 2002.
Malcolm has maintained publicly & in his lawsuit that he was told by Chapman, orally & in writing, that he could continue serving on the commission while employed by Duke as long as he disclosed his contractual relationship and recused himself on issues concerning Duke.
In April 2003, Malcolm pleaded guilty to a felony count of violating the state's conflict-of-interest law. Under state
Govt Code Section 1090, public officials must resign when a conflict arises between their public & private
interests. In May 2003, Malcolm was sentenced to 120 days in a work-furlough program. As part of his plea
agreement, he paid more than $260,000 in fines & costs.
If Malcolm succeeds in having his felony conviction reduced to a misdemeanor, he will continue to not be allowed
to hold public office, but his voting rights will be restored. In February, Superior Court Judge John S. Meyer said
Malcolm could pursue his lawsuit against the Port District & Chapman. |
Putting Chargers at 10th Ave. site 'crazy' proposal 5.30.04 Ronald W. Powell SD UT
Padres owner John Moores recently mocked the performance of the Port District's 10th Avenue Marine Terminal,
calling it "badly underutilized" and a "ghost town." Moores made the comments last month to San Diego Union-
Tribune sports columnist Nick Canepa in an article about Moores' promoting the downtown terminal as a perfect spot
for a Chargers football stadium. Most port officials & the International Longshore & Warehouse Union
have a different view.
Longshore workers also make far more than people hawking hot dogs at a football stadium, he said. They earn
from $80,000 to $158,000 a year, including overtime pay, according to union officials. "The members of my union
think building a stadium at 10th Avenue is a crazy idea.
Why disturb something that is vital to the
community, vital to the nation and vital to the world?" Chavez said.
"As a public agency, we're not in the profit-making business," said Port District president Bruce Hollingsworth. "Our role is to generate economic activity. A marine terminal is an economic engine." In 2002, port officials invested about $25 million in a cold-storage facility to lure Dole Fresh Fruit Co. to relocate its West Coast headquarters to the 10th Avenue Marine Terminal and enter a 20-year lease. They say Dole's annual impact on the gross regional product is $20.5 million.
N.America ports report record traffic
Some observers worry about tie-ups like those that plagued L.A. & Long Beach in 2004.
Every major container seaport in North America handled more cargo in 2005 than ever before as trade with Asia continued to swell and importers looked for alternatives to Southern California's crowded docks. The growth was so brisk and spread so uniformly along the Pacific, Atlantic and Gulf coasts that some observers are worried other regions will see the kind of congestion that brought the ports of Los Angeles and Long Beach near a standstill in 2004.
In 2005, Los Angeles and Long Beach, by far the nation's busiest harbor complex, handled 14.2 million containers, an increase of 8% from 2004, without that year's cargo tie-ups. But business in other places grew even faster last year as retailers diversified their ports of entry, in part to avoid the possibility of another floating traffic jam in Southern California.
Importer Wen Chang found that out last year when he toyed with the idea of using Portland, OR or the San Francisco Bay Area instead of Long Beach to bring in the custom wheels, auto and truck accessories and other products that his company, Trade Union International, manufactures in China.
For more than 20 years, only 3 North American ports, Los Angeles, Long Beach and the Port Authority of New York & New Jersey handled 2 million or more cargo containers annually, as measured in 20 ft equivalents, the maritime industry standard for counting cargo boxes that vary in size. The Port of Oakland joined them in 2004, and last year 3 more ports breached the mark or came within two ships' cargos of it: Tacoma, Wash. (2.1 million), the Virginia Port Authority (1.98 million) and Charleston, S.C. (1.98 million).
The nationwide boom is creating fears that ports aren't investing enough to process the heavier traffic and might develop the sorts of snarls that delayed import deliveries through Southern California in 2004. The Los Angeles and Long Beach harbors steered clear in 2005 through a sweeping operational overhaul, which added thousands of dockworkers, opened cargo terminals on nights and Saturdays and levied fees on cargo moving during peak hours.
Michael Maloni, the report's author and a professor specializing in supply chain management, said, "The point is that there isn't enough excess capacity systemwide now, across all the ports, to handle any breakdown at any large port."
Even so, seaport analyst Anne Van Praagh of Moody's Investors Service said, "we are still having trouble keeping pace with demand."
At the Port of Charleston, where 25% of the volume comes from Asia, new cranes and other equipment that will allow containers to be stacked higher will begin arriving in June.
Mexican port gets American connection
The freight train that left Mexico's Pacific coast on Monday inaugurated daily service to the U.S. Midwest and points beyond, carrying the high-roller hopes of a U.S. railroad and a small Mexican harbor to grab a share of the Asian cargo boom. The 7,000 ft train is run by Kansas City Southern, which spent $1.5 billion for a controlling interest in every foot of track from the port of Lazaro Cardenas to Laredo, Texas. From there, the route heads north to Kansas City with connections along the way to Chicago, New York, Atlanta and other cities.
The start of daily rail service is a big step in the plan to create a bustling waterfront out of the quiet port at the far southern tip of Michoacan state. Mexican officials and the Missouri-based railroad already have gained some heavy-duty allies, including the world's largest operator of port terminals and the world's largest shipping line.
Until now, Kansas City Southern and Lazaro Cardenas have been relatively minor players in their fields. Kansas City Southern controls one-fifth of the track and posted one-tenth of the revenue of railroad giants Union Pacific and BNSF. Lazaro Cardenas handled fewer cargo containers in all of 2005 than the ports of Los Angeles and Long Beach typically move in one week.
But the port has a naturally deep harbor, direct dockside rail access, room to grow and relatively cheap labor. In addition, the railroad said it planned to lure shippers with competitive rates and shorter transit times. |
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1. L.A. 7.5 million 2. Long Beach 6.7 million 3. NY/NJ 4.8 million 4. Oakland, 2.3 million 5. Seattle, 2.1 million |
6. Tacoma WA 2.1 million 7. Charleston SC 2.0 million 8. Hampton Roads VA 2.0 million 9. Savannah GA 1.9 million 10. Vancouver BC 1.8 million 34. Lazaro Cardenas 0.1 million |
The big 4 U.S. railroad companies, Union Pacific, BNSF, Norfolk Southern and CSX, will spend a combined $7.3 billion on capital improvements in 2006. But their on-time performance & average speed continue to deteriorate because of the overwhelming demands on their limited infrastructure from the staggering growth of international trade and other shipping, said transportation consulting co. R.L. Banks & Associates pres. Charlie Banks in Washington.
"The shipping lines are looking for alternatives, and one of them is Mexico," Banks said.
In addition, Mexico is repositioning itself in a world in which its manufacturing base is eroding and its labor is considered relatively expensive by Asian standards. Part of that repositioning, Banks said, is as a logistics and supply chain corridor for goods heading to the U.S.
Indeed, Kansas City Southern is pushing its rail service as a shorter route from the Pacific coast, saving shippers money. The railroad said its route from Lazaro Cardenas to Houston is 532 miles shorter than the BNSF route from Long Beach to Houston.
Another factor in the project's favor is a labor pool that is less expensive than the one represented by the International Longshore and Warehouse Union, whose U.S. dockworkers command some of the highest blue-collar wages in the nation.
"The labor situation would be appealing. Everyone is looking to save money," said Don Hodges, whose Hodges Fund prominently features railroads such as BNSF.
For its part the ILWU, which counts 14,000 dockworkers in its ranks, "does not plan to take this lying down," said spokesman Steve Stallone. He said the effort amounted to a plan to outsource U.S. port jobs to Mexico. Although the union has no firm plans on how to respond, Stallone said the union would support efforts on the part of the Mexican dockworkers to organize.
But the likelihood of lower wages for dockworkers isn't the only draw. There may also be fewer environmental pressures on expansion at a port like Lazaro Cardenas.
Inland Empire-based economist John Husing who follows the vast warehouse and distribution network that serves Southern California's twin ports, said any discussion of the local ports and their growing traffic always turns to the question of whether pollution can be reduced.
"Here every new project will require a simultaneous effort to clean up the air. I have not heard a discussion that hasn't had an ironclad link to that," Husing said.
In such an atmosphere, a new port with a new rail service could profit. One who thinks so is Hutchison Port Holdings GM Gonzalo Ortiz in Lazaro Cardenas. The giant Hong Kong-based terminal operator has begun a $200-million expansion of its terminal in the Mexican port.
The new train service "is just in time to assist customers with peak season and is a clear indicator of the growth of traffic and capacity planned for this port," Ortiz said.
World's biggest shipping line A.P. Moller-Maersk is among those who will use the expanded port, Kansas City Southern said.
Still, West Coast port officials said they weren't terribly concerned about losing business to Mexico.
"You could say that there is an industry need for alternative points of entry into the American and Mexican markets," said Tacoma port spokesman Mike Wasem, which handled the equivalent of 2.1 million 20 ft containers in 2005. Cargo traffic there is expected to grow to 3 million 20 ft containers by 2010.
Los Angeles port, nation's busiest container port, probably would lose some business to Lazaro Cardenas, said marketing dir. Jim MacLellan.
But he added, "We do not expect its effects to be significant on our operations."
2 L.A.-area ports aim to slash diesel exhaust
The plan seeks to cut such pollution from short-haul trucks by 80% and boost security. Industry says business might drop.
4.14.07 Janet Wilson & Ronald D. White L.A. Times
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The ports of Los Angeles & Long Beach, nation's busiest seaport complex, are proposing an "unprecedented" overhaul of dockside trucking that officials say would slash diesel pollution from trucks by 80% in 5 years while improving domestic security and working conditions for drivers.
The draft plan drew rave reviews from environmentalists & labor groups but was criticized by industry groups, which said that lawsuits could be filed and that the booming ports could lose business to other states and countries if they press forward.
More than 40% of all goods imported to U.S. move through the 2 neighboring ports. Under the plan, posted online Friday, all 16,000 short-haul trucks that move goods from the wharves to nearby rail yards or warehouses would be scrapped or retrofitted, starting next year, at a cost of $1.8 billion.
Their drivers, mostly low-paid independent contractors, would be employed by companies that would bid on port concession contracts containing stiff environmental, equipment maintenance and workplace requirements.
Numerous studies have shown elevated levels of diesel particulates and other harmful air pollutants on docks and in neighborhoods near truck-laden highways and freight rail yards. The cost of replacing the current, aging trucks would be funded largely by per-trip fees of $34 to $54 assessed on the licensed firms, with some matching state bonds and taxpayer money.
A second portion of the plan would impose a $26 fee on every container of goods moved through the ports to help fund rail and highway improvements.
Both measures are part of the ports' joint clean-air action plan, which aims to reduce deadly air pollution from all sources including ships, trains and trucks by 45% in 5 years.
The plan is "a model for seaports around the world
boldest air quality initiative by any seaport," according to the online draft.
L.A. Board of Harbor Commissioners pres. S. David Freeman said consumers would pay just pennies more for goods moving off the docks. He said replacing the trucks is vital to improving public health in neighborhoods near the ports.
"If you just look at the difference between the emissions of one of these dirty trucks and a new, cleaner one and do the math, this is one of our biggest opportunities to get clean air," said Freeman, who along with other port officials unveiled the proposal Thursday at a closed-door meeting with industry, labor and environmental groups. "We can make major advances by replacing them."
Environmental, labor and community groups that fought more than a year for the plan praised it.
"It's a huge, huge step forward in our quest for clean air," said Natural Resources Defense Council's Melissa Lin Perella.
"Usually govts just nibble around the edges of a major social problem," said Teamsters union state dir. Barry Broad. "This is an example of not one but two govts coming together
to solve a problem in a truly comprehensive way."
But industry representatives saw it differently. Business groups, including the National Retail Federation, have argued strenuously for a market-based, voluntary approach and new statewide emissions standards for trucks.
The groups argued that money could be raised quickly to improve the condition of port truck fleets. On Friday, the federation said there should be "serious concerns" about the ports of Los Angeles and Long Beach losing business under the new plan.
"We don't think that a private, local standard is the way to proceed," said federation intl trade counsel & vp Erik Autor. "We are not sure how the state & and federal govts are going to view this."
Shippers who would foot the bill for the multibillion-dollar plan, which could go into effect 1.1.08, say it could end up being challenged in court.
"We are looking at it now from our lawyers' point of view to see what we might do. I think we might challenge that," said Intermodal Motor Carriers Conference exec. dir. Curtis Whelan for the 38,000-member American Trucking Assn. "By definition, these containers represent interstate commerce. It would impact interstate commerce in a dramatic way. Can a port authority do that?"
Whelan added that the plan could drive out dozens of smaller companies currently handling port trucking.
But Broad of the Teamsters reacted angrily, saying the current shipping companies were "bottom of the swamp" operations that moved in 25 years ago after port trucking was deregulated, firing drivers overnight to avoid paying decent wages or insurance and relying on poorly paid immigrant labor using decades-old, dangerous trucks.
Under the plan, drivers would get workers' compensation and other benefits. They also would undergo criminal background checks, drug and alcohol testing and identity screening aimed at tightening port security.
Wall Street analysts who rate the ports' bonds and other investments said they would be watching closely.
"It remains to be seen how they are going to do this. The port has obviously done quite a bit attempting to get shippers to change their behavior to align with environmental norms," said Moody's Investment Service ports analyst Joshua Schaff. "It's a sensitive issue. There is a lot of demand for the services these ports provide, and we just don't know what the price elasticity is, how high the price can go before you have some defection from customers."
Responding to industry concerns, Freeman said, "Of course I worry.
We are completely open to suggestion as we move forward aggressively with this plan
but eternal happiness for everyone is not one of the criteria. We're going to get cleaner air out of this, and a more stable, reliable workforce and better homeland security. Eternal happiness is above my pay grade."
Public hearings on the plan will be set, officials said. Boards of the two ports are expected to vote on a final version in July.
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Port Hueneme CA Port Hueneme in Ventura County was closed off Monday afternoon while authorities investigated a possible terrorist threat on a cargo ship, a port official said. The action came just before noon after a dockworker discovered a possible threat written in the cargo hold of a ship carrying bananas from Guatemala, said port marketing dir. Will Berg.
There was some discrepancy in the exact phrasing of the message. Berg said it read: "This nitro is for you Mr. George W. Bush and your Jewish cronies."
Federal authorities said it was written in English and read: "Nitro + glycerin my gift for G. W. Bush and his Jewish gang."
The message, scrawled in marker on a metal pillar within the ship, was being investigated by federal authorities, including the FBI and Secret Service, as well as local officials, officials said. FBI spokeswoman Laura Eimiller said agents were at the scene. No nitroglycerine or other explosives were found during a thorough search by bomb personnel, she said.
Divers were called in to inspect surrounding waters. About 20 people aboard the 30 kiloton refrigerated vessel which arrived from the Port of Quetzal in Guatemala were evacuated, Berg said. Workers already outside the port were being kept out, though anyone inside was allowed to remain.
The 135-acre port, located northwest of Los Angeles, consists of 2 terminals. It is the only deep-ocean port between Los Angeles and San Francisco, though it handles far less cargo than the Los Angeles-Long Beach complex, the nation's largest harbor.
It is the top seaport in the United States for citrus exports and ranks in the top 10 in the country for imports of automobiles and bananas, according to the port's Web site.
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