Support the Nadler Clean Ports Act Amendment to H.R.7

Recipient: U.S. House of Representatives

Dear Representative:

On behalf of The Leadership
Conference on Civil and Human Rights, a coalition charged by its diverse
membership of more than 210 national organizations to promote and protect the
civil and human rights of all persons in the United States, we urge you to vote
in favor of the Clean Ports Act Amendment, that is expected to be offered by
Representative Jerrold Nadler (D-NY) at the markup of the American Energy and
Infrastructure Act of 2012 (H.R. 7). The Clean Ports Act would empower local
ports to adopt requirements for motor carriers and vehicles that are related to
the reduction of environmental pollution, traffic congestion, the improvement
of highway safety, and to classify their drivers as employees rather than as
independent contractors.

There
are 100,000 U.S. port truck drivers, many of whom earn less than federal or
state minimum wages, are without health insurance, and are misclassified as
independent contractors, making them exempt from most labor and employment
protections, including the right to form a union.^[i]
These drivers deserve decent wages and the legal protections they should be
afforded as employees, including the right to form a union.

In addition, the severity of
the port pollution problem and the effects it has on the drivers can hardly be
overstated.  It is estimated that
95% of the 100,000 trucks in operation at the nation’s major ports fail to meet
current U.S. Environmental Protection Agency emission standards, which largely
accounts for the fact that 40 of these ports fail to meet federal-air quality
standards.  As a result, the
approximately 87 million people who live and work in port-adjacent communities
are exposed to toxic fumes from dirty diesel trucks that significantly increase
their risk of developing asthma, cancer, and respiratory illnesses.^[ii]  Public health costs, which include
thousands of premature deaths, amount to billions of dollars annually.^[iii]

Several
ports, supported by their local governments, have taken the initiative in
attempting to deal with the port pollution problem.  One of the most effective of these initiatives involves the
Port of Los Angeles—which is the busiest container port in the United
States.  In 2008, the Port of Los
Angeles adopted a Clean Truck Program. 
Among other things, this Program limits access to the Port to trucking
companies operating under concession agreements which require the trucking
companies to use drivers who are their employees, as opposed to drivers who are
classified as “independent contractors.” 
This requirement places the very substantial financial responsibility
for buying and maintaining clean trucks on the trucking companies, rather than
on individual drivers, who typically live near or below the federal poverty
line, and 90 percent of whom are without private health insurance and are exempt
from workplace protections.

We urge you to vote in favor
of Representative Nadler’s Clean Ports Act Amendment to the American Energy and
Infrastructure Jobs Act.  If you
have any questions about this letter, or the position taken by The Leadership Conference,
please contact Lexer Quamie at (202) 466-3648 or [email protected] or Nancy Zirkin at (202) 466-3311 or [email protected].  Thank
you for your consideration of this critical legislation.

Sincerely,

Wade Henderson
President & CEO

Nancy Zirkin
Executive Vice President