XPO port drivers take steps to unionize

XPO Logistics drivers in Southern California are looking to unionize in what is being touted as the first-ever such election for misclassified port and rail truckers.

In January, truckers driving for XPO Logistics filed for an election to form a union. According to the International Brotherhood of Teamsters, this is the first National Labor Relations Board election involving misclassified port and railroad truck drivers.

The move to unionize takes the misclassification allegations out of the courtroom and into the jurisdiction of federal agencies. The Teamsters claim that the union election filing is challenging the misclassification of drivers “head on.”

Additionally, truckers filed an unfair labor practice charge. That charge alleges that by misclassifying drivers as independent contractors XPO Logistics is interfering with drivers’ right to organize, a violation of federal labor law.

“My fellow drivers and I 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,” Domingo Avalos, an XPO driver, said in a statement. “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 has 12,000 truck drivers that are full-time employees. Of those drivers, only about 200 have joined a union.

There are about 360 XPO independent contractors in California. According to XPO spokesperson Joseph Checkler, a predominant number of its drivers are full-time employees in its LTL division. XPO uses independent contractors in some parts of its business.

“Many of the independent small-business owners who contract with XPO prefer the contractor work model, given the flexibility it provides to set their own schedule and choose their work,” Checkler told Land Line in a statement. “They can grow their business by hiring others and running multiple trucks and the freedom to offer their services to multiple companies. We believe we adhere to all federal, state and local laws and that we properly classify all individuals and businesses that perform work on behalf of XPO. In addition, any independent contractor with a commercial driver’s license who wants to work for XPO as a full-time employee is welcome to apply for any number of truck driver openings offered by XPO. We currently employ approximately 12,000 full-time truck drivers and we’re recruiting more.” LL