Teamsters Rally at Hearing on Legality of Cross-Border Trucking

Teamsters Get Their Day in 9th Circuit of Appeals

The Teamsters Union argued today in the 9th Circuit Court of Appeals that the Bush administration broke the law when it opened the borders to trucks from Mexico in September.

Congress set safety requirements before the southern border could be opened to long-haul trucks. Those included upgrading inspection facilities, computer databases and state enforcement capacity. The requirements have not been met, according to the Transportation Department’s own inspector general.

The Transportation Department nonetheless opened the border as part of a pilot program on September 6. A handful of trucking companies are now participating in the program.

“The ink hadn’t even dried on the action taken by Congress when Mary Peters, the Secretary of Transportation, authorized this pilot cross-border trucking program,” said Chuck Mack, Teamsters Vice President. “Its amazing what the Bush administration is trying to get away with in the last few months they have left in office.”

One Mexican trucking company, Trinity Industries de Mexico, dropped out after its safety record was disclosed to the court. Trinity received 1,123 safety violations in the year before the border was opened, or 112 violations per vehicle.

The Teamsters, represented by Altshuler Berzon LLP, filed for an emergency injunction to prevent the pilot program from starting in August. That request was denied but the lawsuit was allowed to proceed.

Congress passed another law in December that cut off funds for the program. The Teamsters will argue in court that Transportation Secretary Mary Peters broke the law when she announced she would not close the border.

At least a hundred Teamsters rallied outside the courthouse before the hearing. Teamsters carried signs that read “NAFTA Kills” and “Fire Mary Peters.”

A family member of victims of an accident caused by a Mexican truck spoke to the crowd.

David Jennings lost his mother, father and son after the truck suffered a catastrophic drive train failure—something that could have been prevented had the truck been properly inspected at the San Diego border station.

“I can tell you that the only reason President Bush, Mary Peters and their cohorts are pushing this agenda is because of big money and, most importantly, because none of them have felt the deep pain that those of us who have lost a loved one as a result of an accident with an unsafe Mexican truck,” Jennings said. “I can assure you that if they had, they would not and could not allow this to happen!”

Also speaking at the rally were officials from the Teamsters and the Sierra Club, another party to the lawsuit.