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Labor


Workers' Health

The trucking industry shall conduct its business in a manner that preserves and promotes the health and safety of its workers.  TCA supports voluntary and coordinated actions among visual display terminal manufacturers and users to assure safe and operator-supportive installation and use of such terminals and to oppose the imposition of arbitrary restrictions and work rules affecting VDT installation and use by legislation and/or regulation by government agencies at any level.  In addition, manufacturers, rather than the purchaser, should warrant and assume liability for the equipment to ensure that it is safe to users.

Employee Screening

TCA recognizes proper prescreening of new or re-certified drivers, as defined by the Federal Motor Carrier Safety Regulations, as a means to establish competency and qualifications and reduce safety hazards and cargo thefts.  To meet these means, TCA supports the establishment of a national clearinghouse of convictions of drivers.

Furthermore, TCA supports:

  • The identification of conviction of drug and alcohol abuse as a means to reduce safety hazards.
  • The certifying provisions of the Federal Motor Carrier Safety Regulations, U.S. Department of Transportation.
  • The verification of a prospective driverís background through references, previous motor carriers, and other appropriate sources.
  • The consideration of criminal conviction data to the extent that such data is accurate and reasonably and expeditiously available.
  • The consideration of legal work status.
  • The consideration of a prospective driverís MVR as well as any private property incidents.

Amended October 5, 2008

Employment of the Disabled

TCA supports employment of the disabled. This support includes job offers to qualified individuals and training programs designed by employers for jobs the disabled person is capable of performing well.

Amended March 1, 2008

Entry Level Driver Training

Entry-level driver training should be focused on minimum, competency-based requirements.  These requirements should apply to all prospective drivers who have not yet obtained and are required to possess a commercial driverís license (CDL) to operate in interstate commerce.

The training curriculum should focus on the core elements of classroom and behind-the-wheel training.

Under any federal regulation, all training programs (motor carrier-based and non-carrier-based training institutions) should be provided with the ability to self-certify that their training meets the minimum federal requirements.  All training programs should also be able to certify that a driver has completed the required training.  All training programs should be subject to a random selection federal audit program to assure curriculum requirements are met.

Qualification requirements of driver-instructors should be similar in design and intent to existing federal training regulations (e.g., current CDL holder, no serious traffic violations on driving record, etc.) with the exception of skill instructors having a minimum of one year of driving experience.

Commercial learnerís permits should continue to be issued by states as currently practiced, and no provisional CDL requirements should be imposed upon entry-level drivers.

To further ensure that entry-level drivers meet the competency-based standards, the federal government should require state adoption of stronger CDL skills testing standards that reflect actual on-road driving requirements of the motor carrier industry.

Due Process in Labor Disputes

TCA favors due process in all proceedings involving labor disputes and deferral to binding arbitration.

Apprentice Programs

TCA endorses the concept of apprenticeship programs developed and adopted by individual motor carriers, or representative groups, that will best serve the needs of such carriers and their prospective employees.

Corporate Campaigns

TCA supports legislative, administrative agency, and other government action opposing coercive and harassing tactics used in corporate campaigns.  These tactics include repeated complaints to governmental agencies, frivolous and numerous court complaints, shareholder actions, boycotts, and personal attacks that target customers, corporate officers, and lending institutions.

Dual Shop Facilities

TCA opposes any legislative attempt to restrict the rights of employers in maintaining dual-shop facilities or organizational structures (sometimes referred to as "double-breasted" operations).

Equal Employment Opportunity

The prevention of arbitrary and discriminatory practices in employment should be a vital concern to every citizen.  TCA reaffirms its support of all reasonable and necessary steps to achieve the goal of equal employment opportunity for all.

Private, federal, and state government action should be designed to achieve this end.  Government action should be carefully guided by basic Constitutional concepts to preserve fairness and due process of law for all parties.

To ensure a competent work force, employers should have the right to employ or to promote the best qualified applicants and employees without regard to race, sex, religion, color, or national origin.

Training & Career Development

Proper training and career education is essential for the trucking industry.  TCA supports training for all employees within the industry, as well as preparatory training for those that want to enter the industry.  Additionally, TCA promotes career paths for all industry employees including, but not limited to: Drivers, Fleet Managers/Dispatchers, Safety Directors, Planners, and Sales People, and stresses the career growth potential of the trucking industry.

To recruit and train people to enter the industry, TCA supports the development of partnerships with Federal Departments and Associations, e.g., Department of Labor, Department of Transportation, Department of Defense, American Association of Retired Persons, National Association of Workforce Boards, Veteransí Administration.  These partnerships should facilitate federal funding for any private, public, or motor carrier in-house educational or training program directed at the current or potential trucking industry workforce.  Eligibility for federal funding should be based solely on the programís ability to properly educate its intended audience.

Adopted March 1, 2008

Workers' Compensation

TCA pledges to conduct its business in a manner that preserves and promotes the health and safety of its workers by supporting:

  • State workers' compensation systems that promote programs developed by free enterprise, be it through insurance carriers or self-insured programs.
  • The use of incentives to help states make their benefit systems fair, equitable, and cost effective, as well as programs to reduce industrial accidents and lost time.
  • The concept that any federal role should be limited to offering technical assistance to the states or conducting research.
  • Enactment of state laws that provide trucking-beneficial uniformity and fairness, including legislation that allows motor carriers and their workers to agree that the law of a particular state shall govern any workersí compensation claim.

Amended March 1, 2008

Younger Drivers

TCA supports, in principle, the authorization by the Federal Highway Administration of carefully structured experimental programs for use of younger drivers (18-20), in transportation other than bulk transportation of hazardous materials as defined in the Motor Carrier Act of 1980, provided that such drivers have been carefully screened, received quality training from a school or training program certified by the Professional Truck Driver Institute of America, and will be closely supervised and monitored by a motor carrier which has a "satisfactory" safety rating and such other approvals and requirements deemed essential by FHWA.

Adopted October 10, 2008

Replacement Workers

The National Labor Relations Board and the courts have painstakingly crafted a delicate balance between the rights of workers to withhold their labor to secure economic demands and the rights of employers to permanently replace them in order to continue business.  TCA supports this neutrality in labor law and opposes any change in the law that would give either management or labor the economic edge in disagreements.

ERISA

TCA supports stabilization of both single- and multi-employer pension plans.  Standards for such stabilization should ensure that:

  • Future benefits are properly funded;
  • Restrictions are placed on trustees in order to maintain sound financial ratios before the benefit levels can be increased;
  • Any additional administration costs are kept to a minimum; and
  • Changes do not impinge on normal business decisions, the movement of capital, or the ability of companies to borrow money.

Amended March 1, 2008

Fringe Benefits

Matters of fringe benefits, including parental and medical leave and health care, should be left to individual company policy and not be mandated by the government.

Plant Relocation & Work Preservation

TCA supports technological developments that encourage and promote labor efficiency and productivity and oppose regressive and inefficient work preservation rules.

TCA supports government's non-intervention in opening, closing, or relocating company facilities or the reduction or expansion of the work force and any regulation proposing pre-notification, interplant transfers, and mandatory extensions of benefits.

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