The Leadership Conference on Civil and Human Rights

Support the Nadler Clean Ports Act Amendment to H.R.7

Advocacy Letter - 02/02/12

Source: The Leadership Conference on Civil and Human Rights
Recipient: U.S. House of Representatives

Dear Representative:

On behalf of The Leadership Conference on Civil and Human Rights, a coalition charged by its diverse membership of more than 210 national organizations to promote and protect the civil and human rights of all persons in the United States, we urge you to vote in favor of the Clean Ports Act Amendment, that is expected to be offered by Representative Jerrold Nadler (D-NY) at the markup of the American Energy and Infrastructure Act of 2012 (H.R. 7). The Clean Ports Act would empower local ports to adopt requirements for motor carriers and vehicles that are related to the reduction of environmental pollution, traffic congestion, the improvement of highway safety, and to classify their drivers as employees rather than as independent contractors.

There are 100,000 U.S. port truck drivers, many of whom earn less than federal or state minimum wages, are without health insurance, and are misclassified as independent contractors, making them exempt from most labor and employment protections, including the right to form a union.^[i] These drivers deserve decent wages and the legal protections they should be afforded as employees, including the right to form a union.

In addition, the severity of the port pollution problem and the effects it has on the drivers can hardly be overstated.  It is estimated that 95% of the 100,000 trucks in operation at the nation’s major ports fail to meet current U.S. Environmental Protection Agency emission standards, which largely accounts for the fact that 40 of these ports fail to meet federal-air quality standards.  As a result, the approximately 87 million people who live and work in port-adjacent communities are exposed to toxic fumes from dirty diesel trucks that significantly increase their risk of developing asthma, cancer, and respiratory illnesses.^[ii]  Public health costs, which include thousands of premature deaths, amount to billions of dollars annually.^[iii]

Several ports, supported by their local governments, have taken the initiative in attempting to deal with the port pollution problem.  One of the most effective of these initiatives involves the Port of Los Angeles—which is the busiest container port in the United States.  In 2008, the Port of Los Angeles adopted a Clean Truck Program.  Among other things, this Program limits access to the Port to trucking companies operating under concession agreements which require the trucking companies to use drivers who are their employees, as opposed to drivers who are classified as “independent contractors.”  This requirement places the very substantial financial responsibility for buying and maintaining clean trucks on the trucking companies, rather than on individual drivers, who typically live near or below the federal poverty line, and 90 percent of whom are without private health insurance and are exempt from workplace protections.

We urge you to vote in favor of Representative Nadler’s Clean Ports Act Amendment to the American Energy and Infrastructure Jobs Act.  If you have any questions about this letter, or the position taken by The Leadership Conference, please contact Lexer Quamie at (202) 466-3648 or quamie@civilrights.org or Nancy Zirkin at (202) 466-3311 or zirkin@civilrights.org.  Thank you for your consideration of this critical legislation.

Sincerely,

Wade Henderson
President & CEO

Nancy Zirkin
Executive Vice President