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Raising the Standards of the Trucking Industry


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Anti-Trucker wage language in 2 bills to ensure cheap labor and high profits

Jul
12,
2017
1

Anti-Trucker wage language in 2 bills to ensure cheap labor and high profits

I can’t express the seriousness of 2 bills which are in the process of being voted on in the next few days, and the effects that will result for truck driver wages.
The time to action NOW.

 The ATA, (Lobby Group that represents the carriers)  has stated openly that their main priority for 2017, was to have the Denham “anti trucker wage” language inserted into bills, designed to negatively affect how drivers are paid.  They’ve managed to achieve this by getting lawmakers to put them into not just ONE (1), but TWO (2) bills.  FAA and THUD bill


If the amendments, provisions, or language that has been introduced into the THUD or FAA bills are allowed to remain, the results  will drastically result in truckers’ inability to be paid for all their time working. ( detention time, paper work, and all non driving time working)

The ATA’s primary goal is to keep YOU running hard, as many hours as you can, because they know that right now, most of you only earn while the wheels are rolling.  PIECE WORK WAGES

ATA wants Federal Laws- Truckers Say NO! Give states the power

This new language, amendments, or provisions in both the THUD and FAA bill will keep it that way!! and  will remove any legal obligation from carriers to have to pay drivers for all time.  READ more about this concept here.  The more unpaid hours you work, the less valued you are

The dangerous language we are referring to,the Denham language, authored by a California Congressman named Jeff Denham, who is from the rural agricultural region of California called Modesto. The ATA and their carriers have invested over $111,000 in Jeff Denham making him their#4 political investment.

If either of the bills are passed to include the Denham language the results will be:

  • It will mean that the word “truck driver” will be synonymous with the word cheap labor
  • It will mean that you will never, by law, be entitled to be paid for ALL your time working.
  • In essence it means that truckers are only worth what they can produce ( while fighting a 14 hour clock) and that ALL other time they spend working is not valued.

We are asking for your help. Please take 15 minutes to call, email, tweet and/or Facebook your State US Senators and tell them to remove the anti worker language on page 38 & 39 Section 134 of the THUD Bill.

Also, tell them to VOTE NO on the FAA Reauthorization anti trucker wage amendments.

Here is a link to every U.S. senator email and phone #
Or you can just call the U.S. Switchboard. 202-224-3121

THUD bill FAA bill

Call the Switchboard-Tell your Senators & Reps to VOTE NO 202-224-3121

This language was originally included as the Denham amendment in the Fast Act of 2015. Fortunately, there were members of Congress who saw the ill affects it would cause to truckers and their families, and it was removed from the final  FAST ACT bill.

 

 

 

The ATA and their lobbying efforts did not stop. The toxic Denham language,( intended to injure  truckers and increase company bottom lines), was tried again in the FAA and THUD in 2016.

It is now in Both the FAA bill and the Thud bill.  VIDEO
“NO” to Anti-Trucker Wage Amendments

This anti trucker language aims to reverse and close the door on modernizing the way truck drivers are paid. It would allow companies to continue a practice of not paying for detention time among other things and reverse State laws which protect truck drivers,  recognizing that traffic and being delayed for loading and unloading can create a burden on truck drivers who are not being paid fairly for their time.

Not paying truck drivers for all of their work hours defies safety, is anti worker and anti American.

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We do not want “government to interfere”- We’re asking Congress and the government to stay out of states affairs.
There are states who have laws and believe that truckers should be paid for all their work, in addition to their miles driven.  We’re telling government not to pervert laws which were meant to deregulate freight ( 1994 FAAA ACT). These laws were not meant to preempt states labor laws so that drivers wages could be regulated.

It is the ATA and other of trucking industry  who have vowed to change and distort the true intent of existing FAAA law. The circuit Courts agreed and the Supreme Court has refused to hear their cases.

Now the trucking industry has gone to Congress to CHANGE laws for the sole purpose of ensuring truckers are not paid for the time they work.
So much for Federal Government “staying out of trucking”

Just a note:  70% of truck drivers voted for the majority party that said they were going to fight for workers and this language definitely breaks that promise.

FAA THud

Vast majority of truckers voted for GOP who have overwhelmingly voted for anti trucker wage language in FAA and THUD bill.

Many truck drivers are only paid when the wheels are turning which means some work unpaid hours up to 35 a week of their 70 allotted hours. This is especially true in the agriculture sector where Congressman Jeff Denham, his family & friends have agriculture & logistics business interests.

The language also seeks to be retroactive which means that truck drivers who have won wage theft lawsuits against carriers could have those decisions reversed.

 

 

 

Another weak excuse offered by ATA and others is , besides the altering of intent of the 1994 Federal Aviation Administration Authorization Act, is that it would be too difficult to keep up with different states labor law.

Well here’s a thought for you, If you want to eliminate confusion regarding  “different states labor laws,” then the logical conclusion would be to PAY TRUCKERS FOR ALL TIME! Problem Solved.
MAKE THE CALL  202-224-3121 Example of what you can say.

 

“As a trucker, I’m against the Denham amendment and the Fischer amendments to the FAA bill and the Denham Preemption language in the THUD bill 23 Section 134 under FEDERAL AUTHORITY.
These anti trucker amendments and language  will nullify state laws that require trucking companies to pay for rest breaks, detention time, and all time working. These amendments work against the interests of trucker rights to be paid for all time worked and are also anti state’s rights and anti safety.”

Important Links

 Read enitre THUD BILL
below is the section pertaining to anti-trucker Denham Language

23 SEC. 134. FEDERAL AUTHORITY.
24 (a) IN GENERAL.—Section 14501(c) of title 49,
25 United States Code, is amended—
VerDate Nov 24 2008 13:43 Jul 10, 2017 Jkt 000000 PO 00000 Frm 00038 Fmt 6652 Sfmt
6201 C:\USERS\MANDERSON\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\THUDFY1
July 10, 2017 (1:43 p.m.)
H:\FY 18\BILL\THUDFY18_07.10.17.XML
L:\VA\071017\A071017.010.xml
39
1 (1) in paragraph (1) by striking ‘‘paragraphs
2 (2) and (3)’’ and inserting ‘‘paragraphs (3) and
3 (4)’’;
4 (2) by redesignating paragraphs (2) through
5 (5) as paragraphs (3) through (6) respectively;
6 (3) by inserting after paragraph (1) the fol7
lowing:
8 ‘‘(2) ADDITIONAL LIMITATION.—
9 ‘‘(A) IN GENERAL.—A State, political sub10
division of a State, or political authority of 2 or
11 more States may not enact or enforce a law,
12 regulation, or other provision having the force
13 and effect of law prohibiting employees whose
14 hours of service are subject to regulation by the
15 Secretary under section 31502 from working to
16 the full extent permitted or at such times as
17 permitted under such section, or imposing any
18 additional obligations on motor carriers if such
19 employees work to the full extent or at such
20 times as permitted under such section, 21including
 any related activities regulated under part
22 395 of title 49, Code of Federal Regulations.
23 ‘‘(B) STATUTORY CONSTRUCTION.—Noth24
ing in this paragraph may be construed to limit
25 the provisions of paragraph (1).’’;
VerDate Nov 24 2008 13:43 Jul 10, 2017 Jkt 000000 PO 00000 Frm 00039 Fmt 6652 Sfmt
6201 C:\USERS\MANDERSON\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\THUDFY1
July 10, 2017 (1:43 p.m.)
H:\FY 18\BILL\THUDFY18_07.10.17.XML
L:\VA\071017\A071017.010.xml
40
1 (4) in paragraph (3) (as redesignated) by strik2
ing ‘‘Paragraph (1)—’’ and inserting ‘‘Paragraphs
3 (1) and (2)—’’; and
4 (5) in paragraph (4)(A) (as redesignated) by
5 striking ‘‘Paragraph (1)’’ and inserting ‘‘Paragraphs
6 (1) and (2)’’.
7 (b) EFFECTIVE DATE.—The amendments made by
8 this section shall have the force and effect as if enacted
9 on the date of enactment of the Federal Aviation Adminis10
tration Authorization Act of 1994 (Public Law 103–305).

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© 2017, Allen Smith. All rights reserved.

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By: Allen Smith

Allen Smith is a 37 year veteran who started at an early age in a household goods family moving business. He began driving straight trucks in 1977 and moved to the big rigs in 1982. His experience within the industry includes; owner operator, company driver, operations manager, and owner of a long distance HHG moving business, taking many of the long haul moves himself when needed. Allen Smith, a truck driver advocate who is driven by the desire to help others succeed within an industry where injustice, unrewarded sacrifice, and lack of respect and recognition exists. Allen and his wife Donna are hosts of Truth About Trucking ”Live” on Blog Talk Radio. Other websites include AskTheTrucker, TruckingSocialMedia, NorthAmericanTruckingALerts, TruthAboutTrucking, and many Social Media websites. In 2011 Allen and Donna hosted the first Truck Driver Social Media Convention, designed to create unity and solutions for the trucking industry. This is now being extended through the North American Trucking Alerts network as those within the industry join forces for the betterment of the industry. Allen strongly supports other industry advocates who are also stepping up to the plate to help those who share honesty, guidance and direction. He believes that all those involved in trucking need to be accountable for their part within the industry, including drivers, carriers, brokers, shippers, receivers, etc… The list of supporters and likeminded people grow daily, networking together and sharing thoughts and ideas for the betterment of trucking. He has coined the popular phrase "Raising the standards of the trucking industry"

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One Response to Anti-Trucker wage language in 2 bills to ensure cheap labor and high profits. - Post a Comment

  1. […] UPDATED– 7-17-17   The “anti-trucker” wage language spoken of in this article has been now been introduced in the FAA Reauthoriztion bill and the THUD bill. They will be voted on to in the Senate and the House, July/August 2017. CALL TO REMOVE State Preemption language designed to Federally regulate driver wages so Carriers do not have to pay them for ALL time.  Read more […]

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