Date: Mon, 13 Dec 2004 13:51:02 -0600 From: Nate Holdren <nateholdren-AT-gmail.com> Subject: AUT: troqueros hey all, Got this from Nick R, passing it along in, thought it might be of interest... best, Nate * A - I N F O S N E W S S E R V I C E News about and of interest to anarchists http://ainfos.ca/http://ainfos.ca/index24.html ________________________________________________ Interviewed by Lucas, a member of the Anarchist- Communist Union of Seattle, a Local Union of FNAC. Q: What is the history behind the Port Troqueros strug gles? Ernesto: In 1980 there was the Stagger's Act, a national law that DETARRIFFED the transportation industry. It did not DEREGULATE the industry as many like to claim and all pretend to understand and believe. The industry has always been very well regulated but with the de-tarriff- ing nobody paid any attention to the law. Along with leaving set tarriffs, key trucking companies began to get rid of their company trucks by selling them to the drivers. In the first few years a truck driver could make more by buying a truck from their employer and driving it as an assumed "independent contractor". The advantage to the driver was that they would report to the IRS a minute portion of what they really made giving them an advantage over their Union counterparts that were heavi- ly taxed. The benefit to the motor carriers was not having to pay payroll taxes, workers comp, and they got rid of the Union. Eventually the Union was broken and the new "owner-operators" as they called themselves, began to undercut themselves in a race to the bottom. Soon enough many began to get out and sold their trucks to the new immigrants from the civil unrest in Central America, El Salvador, Nicaragua, Guatemala, etc. etc. By 1984 90% of the port drivers drove their own trucks and just as many were Central American immigrants. The "amnesty" program of 1987 provided legal status for most of the workers in the harbor, which before many had no documents. They now had real social security cards and shied away from government aid programs. The IBT had tried to organize them prematurely in 1985 and total- ly flopped, a predicable outcome. The workers formed their own union, the WRTU, Waterfront Rail Truckers Union in 1987 and already had an "association" called TUTA as well, Troqueros Unidos en el Transporte Associados. The Union soon realized that it had legal problems surrounding the status of the workers and possi- ble anti-trust action. Around August 29, 1988 I was invited to the park by my in-laws and their friends to address the Union group. I discovered that they were really employees and began a long-term effort at rectifying the status using my tax knowledge and insurance background. Q: What economic and political factors are pushing the Port Troqueros to fight for union recognition? Ernesto: The underground economy is what makes work- ing in the harbor possible. A troquero usually underesti- mates his income by at least 30-60% in order not to pay any taxes and have the family qualify for government handouts. The wife usually works cash and in many cases reports herself as a single parent. As the troqueros find a need for legitimacy they soon discover that there is really no legitimate money in the harbor. Also, a good number of troqueros defy the underground economy and wish to do things legally, right. The desire to work with dignity, not having to be bound by the underground economy, is the key motivation in the organizing of the port. The propaganda put out by many well-wishers about the troqueros earning just above mini- mal wage is totally active duty for Operation Safew false. Many port striking drivers carrying essential trucking companies have difficulty finding drivers at dou- ble the minimum wage. A prime example is that at $15 an hour a driver earns $600 a week and after taxes earns about $500 a week. That same driver would rather work "cash" for $550 a week and have more take-home money. For drivers driving their own trucks the net income after the expense of the truck is about $600-$1k a week with the average about $800. This money is not taxed and at the end of the year only half of it is reported as net income. The spin that these are poorly paid workers is untrue and counterproductive. Most of these drivers are already netting the equivalent of a Teamster driver's net income after taxes, so why risk it? With time many tro- queros find themselves in need of legitimacy and realize that their income is superficial dependent upon the underground economy. Dignity. Dignity is the key motivating factor in our struggle. Our mobilizing Port-wide has not really been for more money, that is done at the company level. Mass action is for an industry change, to rectify the transportation system. We have accused government agencies of the selective non-enforcement of key regulation which if enforced, would legitimize the industry and will create an environment ideal for organizing. The enemy that we are fighting is the underground economy, the dirty little secret of capitalist America. Q: What kind of progress are Port Troqueros making in the struggle for better conditions? Ernesto: Progress happens at the company level. Back in 1988 we would joke that one day all the truck drivers in the nation would be fighting for their employment rights, and that it all initiated with a bunch of immigrant workers in the Los Angeles harbor. Well, it happened. The three most important mobilizing events were the West Coast shutdown of Nov. 1993, the historical Decembe 4, 1999 summit in Charleston, SC hosted by Robert Bates and friends, and the recen April 30 complete shut down of the State com mercial transportation system. A promising development is the arrival of the IWW Legally, the biggest fea was the March 31, 1989 IRS determination lette #522 which established us as employees for IRS purposes and then the consolidated IRS Tax Court decision of 1996 which upheld the employment status. Two pending cases will totally upset the status quo, a recent action before the Social Security Administration and the insurance fraud class action law- suits by www.glicklegal.com Q: The Port Troqueros are legally considered "independ- ent contractors", by the NLRB. This is untrue and very clearly demonstrates the problem that the misinformation by the industry continues to be spinned, even by our allies. Out of curiosity, what is your source onthis question/statement? Ernesto: It doesn't exist! We have no intention on going to the NLRB as we don't have the resources. Instead, we chose to go to the IRS and have won. Now we are in for the kill. The IRS, state labor board, and state workers comp board hold us as employees. In a nutshell, we don't hope to negotiate with these firms at the NLRB since these firms have no reason for their existence outside of the underground economy. It is the intention of many of us to destroy these illegal companies. Put them out of their misery. Now that the evildoer illegal trucking companies see that we don't intend on compromising with them but instead want to obliterate them, their associations, the CTA and ATA, are holding hands with the Teamsters. The NLRB is a non- issue for us. In all our labor actions we identify all our work stoppages as a STRIKE against the employers, even when we picket our secondary employers, the port termi- nals. None of our actions have even been questioned by law enforcement. To the contrary, on the east coast they always form associations, non-profits, and then ask for rates and have gotten themselves into legal trouble. An overwhelming number of Los Angeles Troqueros Are quite versed in the legal foundation of our being employ- ees and the industry and the government knows it. Q: Why is this and what threat does it pose to the fight for unionization? Ernesto: The NLRB is a non-issue as we have no intention on filing against any of the current motor carriers since once outside of the underground economy they will cease to exist. Our goal is to clean up the industry and the weapon of choice is the IRS/SSA and the insurance law- suits. These actions create upset and serves as a major stimulation for organizing. Q: What happened in April and June? Ernesto: Since early in the year we were planning on a May Day convoy or shutdown. The spike in diesel was a major catalyst. The whole damn state shut down. It was- n't "organized" and there wasn't any leadership yet every- one knew what they had to do. It showed the power that exists. Afterwards, there was a bit of criticism that "it was done all wrong." We then asked "please tell us what we did so that we can do it again!" Q)What triggered the California wildcat strike? Ernesto:The spike in the price of diesel was the catalyst. But what really moved it was a bunch of old friends and their friends seeing the possibility of making a major pub- lic statement and totally committing to its success. Q) Did it have any success in changing conditions? Ernesto: Yes, it scared the shit out of the industry and the government. It became obvious that they can't stop us in the future. In other harbors they can create "representatives" to talk to and threaten with anti-trust action and/ or civil lawsuits. In Los Angeles we don't give a shit. If any of us goes to jail the rest will continue the strike. I remember at a strike in around 2001 at CaliforniaUnited Terminals. The terminal manager called me and threatened to tell my guys to go back to work. He attempted to scare me in front of my brothers, saying that he had a lot of lawyers standing by. I asked him "but can they drive trucks?" Whenever Troqueros even begin to mobilize in the Los Angeles har- bor the industry immediately takes remedial action, more money. Q: What can be said about the recent "June 28th through July 4th" shut down? Ernesto: It showed that the rest of the nation had woken up to the example set by California. Q: How successful was it on the west coast? Ernesto: It flopped. The catalyst was missing. A few of us joined by some local anarchist supporters put up a sol- idarity picket line at Trapac terminal 136 and by the next day the terminal was down to 50% with many saying that if they knew they wouldn't had worked. The solidarity was there. Q: How about the East coast? Ernesto: The East coast kicked ass!!!!!!!! They finally woke up! Q: What is the status of Port Troqueros in the northwest? Ernesto: Key mobilizers in the NW keep in touch with us through the internet. The NW port drivers have been in the middle of internal squabbles with the IBT. Q: Is there the same enthusiasm and energy present as in other parts of the nation? Ernesto: It seems that the NW had lost touch with the rest of us but thanks to the recent solidarity by the IWW they might be back on board for the next one. Q: Is there a connection being built behind the unioniza- tion effort and the war right now? Ernesto: Port Troqueros have a different concept of who are the real evildoers. Most believe that it is hypocritical and contradictory for us to be in foreign lands enforcing laws when there is the selective non-enforcement of the law in the port transportation system to protect the evildo- ers. The price of diesel is always an issue but rather than support imperialism to keep the price of diesel down the solution that we propose is for the trucking companies to pay for the diesel. The anti-war movement and all pro- gressive groups have totally ignored the Troquero move- ment. Instead, they seem to concentrate on organizing each other. The only groups that have tried to help have been the anarchist and most recently, the IWW. Q: What position have the Teamsters taken in regards to organizing the Port Troqueros? Ernesto: The Teamsters deny that they are doing any organizing, and it is true, they are not doing any organiz- ing. The Teamsters have failed to state the objectives or direction of the Port Campaign. The Teamsters are avoiding upsetting the status quo and find it Quite simple to form alliances with the industry associations of the evil-doer trucking companies, our ene- mies. >>>>>>>>>>Q: What can be done to support or mobilize truckers in the northwest? Ernesto: Communication!!!!!!!!! Let them know what is happening in the rest of the Ports. The NW has been our weakest link.<<<<<<<<<<<<<<<< Q: What kind of reputation do they have among Port Troqueros? Ernesto: The Teamster reputation never recovered after the 1985 fiasco. The Initial response to the Port Campaign in 2000-2002 was decent under the leadership of George Cashman. There is a lot of distrust since the IBT has avoided the central question of employment and the non-compliance with key regulation by the industry. Most recent Teamster Port Campaign activities are poor- ly attended and thus not publicized. The paid profession- al teamster organizers exist in a different reality as that of the Troqueros. The Teamsters have to realize that they cannot use key individuals to me a larger group and then axe the initial contacts and still have the rest follow them. Our brotherhood is based upon decades of mutual support and joint struggle. We have grown old together in this struggle, been through a lot, and are very close. On April 30 at Banning Park there was a lot of hugging as many of us hadn't seen each other for years. A lot of bond- ing. Q: What about the IWW? Ernesto: For over 20 years Los Angeles Port Troqueros have been organizing on a consensus basis with mutual support between units. The IWW is the natural organizing vehicle for port drivers. Q: Is there any interest among Port Troqueros in organiz- ing with the Industrial Workers of the World? Ernesto: This past year the presence of the IWW has been noticed. The solidarity along the West Coast was inspir- ing and the website of local 530 is quickly becoming the "unofficial" website for port organizing. Troqueros are not "going to join" the IBT nor the IWW. Rather, the IWW has joined the worker's struggle as opposed to the IBT which has chosen to continue in its separate world and not join the workers. Q) Which IWW locals have been most active in support- ing port haulers? Enesto: The presentation by Art Almeida at the Liberty Bell celebration in San Pedro earlier this year was the most important action in promoting IWW/ Troquero unity. The IWW local 530 website gives our struggle a sense of legitimacy. Q: What position do you see the IWW taking in the Port Troqueros struggle? Ernesto: Troqueros organize from the bottom up. The problem is that at times we need immediate solidarity on a company level or a shipping/rail line level and the IWW has the national communications structure in place. Sometimes we need to let Troqueros at all the ports know that there is an action against xyz lines and to begin pick- eting. The IWW can help with the communication. They can go down to the steamship line terminal with a flag and within hours the terminal will be emptied. Q: Do you see them limited only to solidarity work or do you think they have the potential to organize among Port Troqueros? Ernesto: Until we rid our industry of all evildoers there will never be any labor peace. Gone are the days of the IBT Master Freight agreements and the lavish Longshore contracts. In the last 20 years Troqueros have created a new dimension in labor relations. Open ended contracts only guaranteed by the workers willingness to strike. The IWW can be utilized to harness this power! Q: What kind of interest is there in forming an Independent Truckers Union? Ernesto: Been there, done that! In Los Angeles there is no longer any interest in forming independent unions to replace the lack of presence of traditional unions. It is the same fiasco, the NLRA and the might of capital. There will be no difference. Instead, all focus is on redefining the worker/management relationship for the future. Q: What can be said about the recent unionization of the Stockton Port Troqueros? Ernesto: Word travels very quickly that the IWW, la nueva union, was involved in a direct strike. Workers are saying "that is what we have always needed!" Q: How will this affect the organizing activities of the Bay Area port Troqueros? Ernesto: Currently, there are well-meaning individuals attempting to find a political solution to the labor unrest in the Bay area and are making no progress. Depending upon the commitment of Bay area wobblies Oakland is there for the picking. Q: What can be done to support or mobilize truckers in the northwest? Ernesto: Communication!!!!!!!!! Let them know what is happening in the rest of the Ports. The NW has been our weakest link. I strongly suggest that any wobs helping Troqueros consider getting Nextel radios/phones. We all communicate with the nationwide walkie talkie. Also, the IWW can send text messages to all the Troqueros using Nextel solely by knowing their telephone numbers. Solidarity, Ernesto Jesus Nevarez ==========================* The Firebrand Collective identifies itself as anarchist-communist. --- from list aut-op-sy-AT-lists.village.virginia.edu ---
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