Ask The Trucker

Raising the Standards of the Trucking Industry


Driver WagesFeatured PostPoliticsRegulationstrucking law

ATA counting on driver apathy to get Anti-Trucker bill passed

Mar
14,
2017
3

URGENT:   STOP New Legislation-Truck Driver Wages at Risk!!
STATES RIGHTS at RISK.

 

 

 

 

 

 

 

 

 

 

 

 

 

We have reason to believe The American Trucking Association is counting on drivers to focus their conversations, debates, quarrels, and complaints on Social Media RATHER THAN make their phone calls to Washington.
US Capitol Switchboard  202-224-3121

Denham Language, now referred to as “Federal Authority” language or FAAAA(F4A) Preemption language will be included in the THUD bill coming up for vote soon. The section of the THUD bill with the “poison language” will preside in FEDERAL Authority SEC 134 of the bill.

Certain state laws assert that employees must be paid for ALL working time as well as rest breaks. (drivers do not have to take these rest breaks, but they are paid for them)

ATA (American Trucking Association- Representing Trucking Companies)  has stated they will continue to push hard, lobbying Congress to include FEDERAL preemption of  states’ labor laws in this bill (or possibly another). Their goal is to prevent drivers from being paid for ALL working TIME.

The ATA has openly  stated that it is their PRIORITY to Preempt state labor laws, preventing  states from including truckers in their labor laws, exempting truckers from being paid for all time.

The legislation  which the ATA is attempting to get passed into law, is an attempt to override Federal Judges rulings who have maintained that F4A does not preempt state labor laws and States have a Right to protect employees, including truckers, ensuring payment for ALL working time, such as detention time. The trucking industry itself has determined that drivers work 30-40 hours extra/week without being compensated.

The trucking industry has been a solid supporter of Republicans for the last two decades, regularly giving more than 75 percent of its contributions to the party and its candidates.
The industry’s biggest spender on lobbying in 2014 and in many past years was the American Trucking Association, the largest trade association in the trucking arena. In the last five years, the ATA spent over $9 million to have its interests heard in Washington.

BUT a majority of drivers also voted and Supported President Trump and the GOP. Truckers are depending on the newly elected GOP Congress to relieve them of over bearing regulations which interfere with anything that will prevent them from earning a FAIR WAGE.  If the GOP includes the FAAAA Preemption clause into the THUD bill (or another bill)  and if it becomes law, this will be perceived as a huge act of betrayal among professional drivers.

If this law is allowed to pass, it will affect drivers the same way as the Fair Labor Standards Act (FLSA) has affected them. This would be ONE MORE EXEMPTION against drivers’ wages!

This New Law which the ATA is trying to pass will PREVENT Drivers from any hope of trucker pay reform, including EVER being paid for anything more than Cents per Mile (CPM) or piece work wages. It’s worse than any regulation could be for drivers.

FAAAA Insertion in Thud bill Preempts States Rights

Trucker Wages: The Devastating affects if Congress amends F4A

The Poison language attempting to be included, will most likely be in the 2017 THUD bill to be voted on as early as April.  Already voted on in 2016,  THUD (H.R. 5394), was approved in 2016, Federal Authority SEC 134 included, by the House. It will need to be voted on again in the House in 2017, then the Senate Appropriations will have its own version, and then the 2 bills will be reconciled, and eventually signed by the president into law…. with oe without the FEDERAL AUTHORITY preemption.

Truckers might not have millions in lobbying money like the ATA does, but we are over 3 million strong!!!

Who will Congress listen to?  The ATA or the Drivers?  The Answer is…. THE LOUDEST VOICE. That includes ALL who believe that Professional Truckers should not be exploited and deserve to be paid for ALL their working hours.

A significant number of drivers have prevented this language 2 times from being included in a bill. Once in the FAST ACT and once in the FAAA reauthorization bill.

Yes, they’re active on Social Media PLUS make phone calls.

It is Imperative once again that we ALL call our Representatives and tell them not to pass language in any bill, such as the THUD bill,  which will Preempt STATES RIGHTS to pay truckers for their working time.
Drivers deserve to be paid a FAIR WAGE. They are making same wages as the 1980’s.
Vote NO on the SECTION of the THUD bill which prevents this from happening. ( It was in Sec 134 under Federal Authority)   Tell Them to REMOVE the Section in the bill which force them to continue working 30-40 hours extra per week without being compensated.  If the section of this bill is allowed to pass, Carriers will never be obligated to pay ANYTHING more than piece work wages…. NO MATTER HOW MANY HOURS drivers WORK.
CALL NOW and OFTEN  US Capitol Switchboard  202-224-3121

NOTES:
Understanding FAAAA Preemption provision, the ATA motive, and the court decisions

U.S. Congress enacted a statute

(now codified at 49 U.S.C. § 14501 (c)(1)) that controls over state and local law:

General rule .—Except as provided in paragraphs (2) and (3), a State, political subdivision of a State, or political authority of 2 or more States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of any motor carrier (other than a carrier affiliated with a direct air carrier covered by section 41713 (b)(4)) or any motor private carrier, broker, or freight forwarder with respect to the transportation of property

The ATA expresses that the language in the FAAAA (F4A) preemption should include the preempting of states’ labor laws for truckers.

The Ninth Circuit Court Disagreed and  held that “generally applicable background regulations that are several steps removed from prices, routes, or services, such as prevailing wage laws, are not preempted, even if employers must factor those provisions into their decisions about the prices that they set, the routes that they use, or the services that they provide.”.

Want to listen to the replay of what will happen if we don’t make our phone calls?

 

© 2017, Allen Smith. All rights reserved.

Technorati Tags: , , , , , , , ,

Previous

Next

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"

View all posts by Allen Smith →

Tagged: , , , , , , , ,

3 Responses to ATA counting on driver apathy to get Anti-Trucker bill passed. - Post a Comment

  1. Allen Smith

    Say NO to Section 134, HR-5394 by Pat Hockaday Call Reps NOW 202-224-3121
    https://www.youtube.com/watch?v=vqNOZDWO3xU&feature=youtu.be

  2. Mark

    Why the heck would the ATA be against supporting trucker wages in the first place? Don’t they represent the trucking industry – why go against their own?

    • Allen Smith

      To increase their bottom line

What do you have to say about this?

To the top