Actions Against Deregulation of Trucking Industry
BC Truckers Rally to Protect Their Livelihoods
- Normand Chouinard -
On Labour Day, September 7, about two hundred truck drivers, members of
the United Truckers Association (UTA), drove in a caravan in their
vehicles to rally at the Office of the BC Container Trucking
Commissioner on Cambie Street in downtown Vancouver. The drivers are
demanding that the commissioner enforce regulations which
prevent unlicensed truckers handling containers "off-dock" at
significantly undercut rates.[1] This has resulted in loss of work for
independent operators and other truckers that work at the ports.
 During
the 1990s the federal government deregulated transport at the behest of
transportation monopolies. Unionized truckers represented by Unifor and
independent owner operators represented by the UTA have been fighting
for their livelihoods and against precarious working conditions for
over twenty years. A full-scale strike on the docks
occurred in 2005 and job action and rallies took place in 2014. UTA
spokesperson Gagan Singh says the same conditions that gave rise to
previous labour disruptions exist today.
Off-dock activities for which regulations are not being enforced are causing serious harm to hundreds of truckers.
Following the actions of the truckers in 2014 there was a review by
Transport Canada then negotiations, which included Unifor and the UTA,
which resulted in a Joint Action Plan to address the issues. In the
Transport Canada Report from 2014 the issue of off-dock work is
addressed: "It is apparent from conversations with stakeholders that
several container movements take place outside the ports. There is
considerable variation in these off-dock trip rates, and it appears
that off-dock
rates are much lower than the MOA [Memorandum
of
Agreement] rates. It was reported to us
countless times in the course of our discussions with drivers and the
union representatives that off-dock trip rates may be at least 50 per
cent lower than average trip rates, with some rates as low as $50.00
per container, and even as low as $15.00-$20.00 per container. It is
also
reported that rampant undercutting of rates occurs for off-dock
container movements."
Although measures were put in place as part of the Joint Action Plan
to bring the off-dock operations under control and regulation the
situation has worsened. In a letter to BC Minister of Labour Harry
Bains on August 27, Gavin McGarrigle, Unifor Western Regional Director,
states: "The intent of the Joint Action Plan signed in 2014 was to
capture and regulate all on-dock and off-dock movements of containers
within the Lower Mainland, whether by employee or owner operator, and
we believe the provisions of the Container Trucking Act and
Regulation make this clear... Companies and individuals moving marine
containers off-dock without encountering a port location are
evading the licensing regime and pay lower rates, which will lead to
the collapse of regulated off-dock rates -- a key part of the Joint
Action Plan."
 The Office of the BC Container Trucking
Commissioner was
created by the BC government in 2014 to regulate this sector. Both
UTA and
Unifor argue that the Commissioner has jurisdiction and the
responsibility to
enforce the standards set out in the 2014 BC Container
Trucking Act and regulations,
but according to Singh there has been industry-wide
disregard for
regulations and the Office has shown little intention to fulfill
its duties.
Unlicensed truckers are moving containers off dock within the
Lower Mainland at
steeply discounted prices. As a result, there is an uneven playing
field caused
by those flouting the law and rules without any
consequences.
Commissioner Michael Crawford disputed UTA's claim that the law is
being broken and Unifor's claim that a "black market' has been created
by stating that "the commissioner has jurisdiction to regulate and
license container trucking work that requires access to a marine
terminal. If a trucking company needs access to a marine terminal, it
requires a license and then must pay the commissioner's trucking rates
for on and off dock work," he said. "Trucking companies engaged only in
off-dock trucking are not required to have a license, and do not fall
within the scope of the Container Trucking Act and regulations" he
said. In recommendations that he made in April 2019, Crawford
acknowledges that "there are licensed companies which own or are
otherwise closely affiliated with unlicensed companies and therefore
able to pay regulated rates for on-dock work and unregulated rates for
off-dock work."
UTA argues that the commissioner does have jurisdiction. "The
commissioner is not following his own regulations and allowing
companies to openly break the law," said Singh. It is time to stand up
and fight these injustices that are hurting container truckers."
At the rally on September 7 the truck drivers demanded action to
protect their jobs and pledged to continue the fight until their
demands are met.
Note
1. On-dock refers to a container yard that is
situated within the port area. Containers are off loaded from the ship
and moved to the on-dock yard and stored there till the receiver takes
delivery of the cargo. To avoid high storage costs shipping companies
may instead move containers to a
nearby off-dock yard.
This article was published in
Number 62 - September 17, 2020
Article Link:
Actions Against Deregulation of Trucking Industry: BC Truckers Rally to Protect Their Livelihoods - Normand Chouinard
Website: www.cpcml.ca
Email: editor@cpcml.ca
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