Southern California truckers work to unionize, claim they're ineligible for benefits

Trucks
FILE - Trucks line up to enter one of the piers at the Port of Los Angeles On Oct. 16, 2021. Photo credit Robert Hanashiro-USA TODAY

LOS ANGELES (KNX) — A group of Southern California truck drivers allege that their company, XPO Logistics has incorrectly classified them as independent contractors - barring them from company benefits like health insurance, paid sick leave, a guaranteed minimum wage and overtime pay. Wednesday, the group filed for an election to unionize.

The International Brotherhood of Teamsters, self-described as the largest and most diverse union, announced the drivers’ decision. The Union said this is the “first-ever” National Labor Relations Board (NLRB) election involving misclassified port and rail truck drivers.

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“The drivers seeking to form a union at XPO Logistics have long been misclassified as independent contractors,” the Union said, alleging that the company likely classified the drivers that way in order to prevent them from unionizing - as federal labor law prohibits independent contractors from forming a union.

Domingo Avalos, an XPO driver at the company’s facility in Commerce, Calif., said he and his fellow drivers are now challenging the company head on.

“[We] are proud of the work we do every day to keep the supply chain moving and provide for our communities. Today, we’re proud to take the next step in forming a union to give us a voice on the job and fight for better pay and benefits,” he said in a statement shared by The International Brotherhood of Teamsters.

“Our company, XPO Logistics, tries to silence us by ignoring our demand for a union and by keeping us misclassified as independent contractors. But when we win our union, we will force XPO to listen — because we know together our voice is more powerful than any big corporation.”

XPO Logistics is a company based in Greenwich, Conn. that employs around 44,000 people. In a statement shared with City News Service, the company said it has some 12,000 full-time truck drivers working in the United States and “uses about 360 independent contractors in California.”

“We believe we adhere to all federal, state and local laws,” the company told CNS. “And we believe we properly classify all individuals and businesses that perform work on behalf of XPO.”

Wednesday’s union election follows XPO Logistics’ agreement to pay close to $30 million to settle two class-action lawsuits filed on behalf of hundreds of misclassified port and rail truck drivers working at the Ports of Los Angeles and Long Beach, according to The Los Angeles Times.

The newspaper reported that in the suits, drivers alleged that the company paid them less than minimum wage.

“Across the globe, XPO is notorious for maintaining poor working conditions, engaging in wage theft and fostering a culture of pregnancy discrimination, gender discrimination and sexual harassment,” the International Brotherhood of Teamsters said.

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Featured Image Photo Credit: Robert Hanashiro-USA TODAY