HUDD Strike Report
Submitted on Mon, 01/14/2008 - 2:43pm
Disclaimer - this campaign is not an official campaign of the IWW nor is this report confirmed.
December 17, 2007
300 troquer@s based in South Gate and Mira Loma went on strike against HUDD et al.
These workers were mostly young latino migrants with a very visible
participation of women truck drivers. Most of them had been in the
harbor about 5 years with maybe as few as 10% going back to the CWA
days of 1996 and only a handful that were present during the 1980s.
HUDD
The trucking company was HUDD Distribution, Inc. which now is a DBA
of Maersk Logistics, Inc., a subsidiary of www.maersk.com, the same
firm which owns APM Terminal which operates the largest marine terminal
in the nation, Pier 400. According to www.safersys.org the firm has
over 500 trucks and drivers nationwide. HUDD is NOT licensed as a
contract motor carrier but as a common carrier. It also operates under
a U.S. Customs license CHL #422. Maersk Lines, the shipping subsidiary
arriving at Pier 400 and APM terminals, cannot claim to "contract to"
HUDD as such an arrangement is not allowed. Without divulging more of
my legal strategy it is evident that HUDD is but an alter-ego of Maersk
Lines. Interesting to note is that as many as 90% of the 1 to 2 moves
daily for all 300 drivers are for the Walmart account going from Pier
400 to the two HUDD mega-warehouses in Mira Loma.
The Issue
During mid-December the troquer@s at HUDD received a letter from
Maersk lines in which they were informed that HUDD would be changing
it’s name to Maersk Logistics, Inc. in order to better exemplify it’s
relationship to Maersk-Moeller. They also received a unilateral lease
and exculpatory agreement. The firm had lowered the rate for it’s
illegal sale of insurance to the drivers in order to avoid a class
action lawsuit suffered by the other two trucking subsidiaries of
Maersk, BTT and PRTI, both at the hands of vanguard attorney Stephen
Glick, www.glicklegal.com. In order to compensate for the lower cost of
insurance the wages were adjusted accordingly. The new lease agreement
included deductions for "non-trucking liability" aka: bobtail
insurance, and also for occupation accident insurance which is meant to
dupe the workers from applying for state workers compensation coverage
per the Julio Mendez precedent. The agreement including numerous filler
pages diffusing the lease regulations section 376.12 by attempting to
explain as to how the agreement really didn’t mean that the firm would
actual take full possession or responsibility.... As usual, most of the
agreement was the typical exculpatory clauses typical of my counterpart
and industry attorney Greg Stefflre. Other issues the workers had
included treatment by dispatchers and other working condition.
The Problem
Being relatively new to labor disputes the workers didn’t realize
the monsters that they were dealing with, Maersk and Walmart. Fighting
both multinational global corporations has been the objective of many
large unions and related organizations, with minimal results.
Apparently nobody had informed the workers that they couldn’t
effectively fight the conglomerates little alone win. The workers had
completely shut down HUDD and hadn’t realized the resolve and ability
of Maersk-Moeller to defeat them at any cost, including finding
alternative motor carriers and distribution centers, which took a few
days to coordinate amidst a logistical nightmare. On Friday, December
21, the workers sent a contingent to Pier 400 to let the rest of the
16,000 troqueros know that there was a labor dispute at HUDD and not to
take any loads to the Mira Loma facility. As expected, the police
showed up in force but to the surprise of the mostly Central American
troqueros the police merely informed them of their rights and
responsibilities, all with a smile and a handshake. The APM Terminal
managing director, John Ochs, also showed up and threatened us with
incarceration for violating the NLRA and ruining the picketers with
criminal records. This same treatment was repeated during the
arbitration hearing on December 28 in which I was threatened by
terminal pinkertons wannabee Blackwater goons with the use of police to
physically remove me from the terminal when I was already leaving in a
reasonable and prudent manner. Somehow Maersk-Moeller doesn’t realize
that this is NOT El Salvador but the Port of Aztlan and that GILBERTO
SOTO lives!!!! I am still considering filing charges against the firm
for the threats. The workers were totally in awe that the police didn’t
interfere with their rights to picket and that I didn’t back down to
management. Within minutes additional picketers were on their way!
The Solution
Maersk realized that it had a battle on its’ hands and made the
drastic decision to call in at probably a very handsome price the
assistance of local titan, Bob Curry, and his intermodal subsidiary,
CMI, California Multimodal Inc., and its’ 300+ workers. Calling in the
smaller scab companies would not suffice to move the backlog inside
Pier 400. On Saturday CMI and the smaller scab companies probably moved
over 500 Walmart loads. On Sunday, Dec. 23, history was made as
representatives from the HUDD collective met with the CMI troqueros and
requested MUTUAL AID and the troquer@s from CMI immediately ceased
moving the otherwise HUDD loads. The term "mutual aid" is not a
political accessory, a cool identity for the politically correct, or
theory. It is a reality created by over two decades of indigenous
struggle in an anthropoligical reality understood only by those that
have lived the Port of Aztlan. An adrenaline rush hit the troquero
movement as the show of mutual aid and respect had become further
inscribed in the unwritten standards of conduct.
Solidarity
The maritime transportation industry received a major shock on
Monday, December 28, as the almighty ILWU sent a strong warning that it
would show solidarity with fellow industrial workers. Well over 500
dock workers refused to work upon arriving at Pier 400 and seeing
well-manned picket lines. Top ILWU brass was called in and reviewed a
strong case for recognition presented by the troquer@s which have
improved in documentation since the only other time in memory that the
ILWU attempted to show solidarity for a questionable troquero picket
line, the last being the Calko strike at CUT about 5 years ago. After
12 days on strike the collective realized that to continue would not be
productive and decided to give it a final shot by putting together
proper documentation and asking for ILWU solidarity. The ILWU rose to
the occasion and despite losing the arbitration and being forced back
to work gave the strikers the opportunity to return to work with their
pride.
The Future
The troquer@s realized that in order to receive solidarity from
established union workers under contract that it is necessary to follow
protocol such as belonging to a union, following a procedure as
outlined by the NLRA, and to maintain active communication with the
other unions. For their part, the ILWU has created goodwill beyond its’
imagination and has been exposed to resources and information which
surely will be of asset in their next contract negotiations. Much like
at most troquero labor actions since May Day 2006 it was the IWW flags
that were proudly waving at Pier 400 during the 12 day strike. It had
been over 70 years since the IWW flags were so visible in this harbor
after having lead the port workers during an early 30 years of struggle
in developing the ILWU.
The troquer@s in the Port of Aztlan will continue to organize on a
collective basis which despite mainstream drawbacks does serve the
needs considering the industry environment. However, at times there is
a requirement for a more orthodox approach to supplement collective
organizing with special attention not to inhibit, compete with, or
replace what has been autonomously developed over so many years. After
consulting with many of my fellow workers, and sparked by the 12 day
HUDD strike, it is time to formalize the Maritime Transportation
Workers Industrial Union Branch 510. We intend on having our initial
meeting this February.
Thanx to all that contributed through their solidarity and mutual
aid. Most of all, congratulations to the troquer@s from HUDD on their
historical job action that has changed the future of the Port of
Aztlan.
Solidarity,
Ernesto Jesus Nevarez
just another worker
January 3, 2008