Ocean cargo/global logistics: Port of LA/Long Beach ruling supports shippers, not unions

LONG BEACH¡ªThe Teamsters and political allies intent on organizing drivers as part of the ¡°Clean Air Program,¡± were given a major setback by both the courts and a prominent shipper organization late last week.


A judge for the U.S. District Court for the District of Columbia denied a motion by the U.S. Federal Maritime Commission (FMC) to issue a preliminary injunction against portions of the Port of Los Angeles and Port of Long Beach respective clean trucks programs, noting that the Commission failed to demonstrate the necessary likelihood of success on the merits and irreparable harm if the injunction was not granted.


U.S. District of Columbia Court Judge Richard J. Leon also observed that the ports¡¯ motions to dismiss the FMC's complaint (as amended) are pending and that his decision is confined to the finding on the FMC's motion for the court to grant a preliminary injunction.


Industry observers  also note that Judge Leon distinguishes the irreparable harm at issue under the Shipping Act as compared to California's Ninth Circuit case in which the appellate court rendered a decision in favor of the American Trucking Associations which sought an injunction over the clean truck programs


Curtis Whalen, executive director, Intermodal Motor Carriers Conference ¨C an American Trucking Association (ATA) affiliate --  applauded the decision, which was also recently endorsed by an editorial in the Los Angeles Times.


In a related development, the Agriculture Transportation Coalition (AgTC) wrote a letter of support to the Port of Seattle¡¯s Commission for its approach to efforts to reduce emissions and improve air quality. That plan, noted AgTC executive director, Peter Friedmann, does not mandate the use of unionized drivers.