Port of Los Angeles won’t appeal truck case
The Port of Los Angeles said Thursday it will not appeal an appeals court ruling striking down the port’s regulatory attempt to ban independent contractor drivers, bringing the most controversial issue involving harbor trucking in the past 30 years closer to conclusion, the Journal of Commerce reported.
The port’s decision means the Teamsters union, which had been attempting to use the port clean-truck program as a vehicle for organizing owner-operators at the nation’s ports, will have to seek a different strategy.
After a regularly-scheduled harbor commission meeting Thursday, Port of Los Angeles Executive Director Geraldine Knatz said the port will not appeal the Sept. 26 ruling of the U.S. Court of Appeals for the 9th Circuit that struck down the employee-driver mandate in the port’s clean-truck program.
Los Angeles had until early next week to ask the 9th Circuit to reconsider its decision. Knatz said the port is pleased the appellate upheld other provisions in the clean-truck program dealing with motor carrier financial responsibility, off-street parking restrictions and truck maintenance provisions. But she said Los Angeles will not appeal the more contentious issue involving the employee-driver mandate.
The port has three months to decide whether to appeal to the U.S. Supreme Court, but Los Angeles stated it will not appeal to the highest court.
The American Trucking Associations, which three years ago initiated the lawsuit against the Los Angeles clean-truck concession requirements, was obviously pleased that the 9th Circuit struck down the employee-driver mandate, and it likewise will not appeal the ruling to the 9th Circuit.
However, Curtis Whalen, executive director of ATA’s intermodal conference, said ATA remains concerned that other concession requirements in the Los Angeles clean-truck plan were upheld, so ATA is reviewing whether to take those provisions to the Supreme Court.
The port’s decision means the Teamsters union, which had been attempting to use the port clean-truck program as a vehicle for organizing owner-operators at the nation’s ports, will have to seek a different strategy.
After a regularly-scheduled harbor commission meeting Thursday, Port of Los Angeles Executive Director Geraldine Knatz said the port will not appeal the Sept. 26 ruling of the U.S. Court of Appeals for the 9th Circuit that struck down the employee-driver mandate in the port’s clean-truck program.
Los Angeles had until early next week to ask the 9th Circuit to reconsider its decision. Knatz said the port is pleased the appellate upheld other provisions in the clean-truck program dealing with motor carrier financial responsibility, off-street parking restrictions and truck maintenance provisions. But she said Los Angeles will not appeal the more contentious issue involving the employee-driver mandate.
The port has three months to decide whether to appeal to the U.S. Supreme Court, but Los Angeles stated it will not appeal to the highest court.
The American Trucking Associations, which three years ago initiated the lawsuit against the Los Angeles clean-truck concession requirements, was obviously pleased that the 9th Circuit struck down the employee-driver mandate, and it likewise will not appeal the ruling to the 9th Circuit.
However, Curtis Whalen, executive director of ATA’s intermodal conference, said ATA remains concerned that other concession requirements in the Los Angeles clean-truck plan were upheld, so ATA is reviewing whether to take those provisions to the Supreme Court.