Teamsters Get Their
Day in 9th Circuit Court of Appeals
February 12, 2008
(San Francisco) – 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.
About 500
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 failuresomething 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.
Founded in 1903,
the International Brotherhood of Teamsters represents 1.4 million hardworking
men and women in the United States, Canada and Puerto Rico.