IWLA Efforts May Have Changed Class One's Change of Demurrage Liability

09/29/09 (Des Plaines, IL) – The International Warehouse Logistics Association (IWLA) has asked the Senate Commerce Committee to include demurrage pricing practices in the pending legislation to reauthorize the Surface Transportation Board. IWLA’s legislative request is simultaneous with a recent announcement by CSX Transportation (CSXT), “some” warehouses will no longer be billed demurrage charges. This is a major development for the IWLA, in that a Class I railroad recognizes that third-party warehouses are not consignees or a party to the transportation contract, and therefore are not liable for demurrage charges. CSXT is also providing an option for demurrage to continue to be billed to the warehouse operator by way of a separate agreement.

Since 2001, IWLA has been working tirelessly to lessen demurrage liability for members, with the prime objective of eliminating demurrage liability in its entirety. In November 2008, Section 2 of the Standard Terms and Conditions for Merchandise Warehouses was revised by IWLA in an effort to combat the often complex and unfair demurrage practices of the railroads.

Section 2 is the foundation for a current legislative effort by IWLA to urge the Senate Commerce Committee to include an amendment in the pending Surface Transportation Board Reauthorization bill to eliminate demurrage liability for most third-party warehouse logistics companies. Click here to read Joel Anderson’s letter to the Senate Commerce Committee, detailing IWLA’s legislative proposal. IWLA’s Rail Council is currently reviewing side-track agreements and forming a strategy to push the legislative amendment forward. Questions should be directed to IWLA’s Joel Anderson at janderson@iwla.com.

Employment & Warehouse Law Seminar - Ontario, CA

Employment & Warehouse Law Seminar - Ontario, CA
September 9, 2009 10:30 a.m. to 2:30 p.m. PDT Employment & Warehouse Law Seminar: Ontario, CA Program Overview Worried about the impact of labor activism at your facility? Wondering how you can educate your employees about the value and benefits to them about running a non-union shop? At the same time, are you concerned that the warehouse receipts you're issuing are legally comprehensive to protect your business? Have you incorporated the new Standard Contract Terms & Conditions into your operation, being careful to address the valuation clause? If you are not 100% confident, then you need to check out IWLA half-day seminar focused specifically on employment and warehouse law. This program, brought to you by the 3PL industry's leader in legal education, will be conducted by two attorneys, Kerryann Hasse and Brian Paul, of Michael Best Friedrich, and Kevin Phillips, of Fisher Kanaris. Hasse and Paul serve as IWLA retained counsel for employment and labor law while Phillips is IWLA's retained counsel on warehouse law and served on the IWLA committee that revised the Standard Contract Terms & Conditions. Program Agenda Hasse and Paul will discuss the Employee Free Choice Act (EFCA) and what employers should be doing now to defend their facilities from card signing activity, what management training steps need to be taken, what human resources audits and corrective actions need to be effected, and how to prepare for the possible collective bargaining and arbitration aspects of EFCA. They will also examine what employers must do to comply with the 2009 Americans with Disabilities Act (ADA) amendments that broadened the scope of the ADA and what necessary steps employers should take to comply with the amendments. Hasse and Paul will conclude their presentation by offering practical tips on managing your warehouse labor to maintain a union-free company. Phillips will warehouse contract law, focusing on how 3PLs must protect their businesses from incomplete and inaccurate warehouse receipts as well as contracts, terms, and conditions. Philips will detail the common mistakes made by warehouse operators and show you how to get it right the first time. Program Registration IWLA members: $149 (covers lunch) IWLA non-members: $199 (covers lunch) Program Date & Time Wednesday, September 9, 2009 10:30 a.m. to 2:30 p.m. PDT Program Location Hilton Ontario Airport Hotel 700 North Haven Ave Ontario CA 91764-4902 Tel: 909-980-0400 Agenda and speakers subject to change without notice. Refund Policy Registration fees will not be refunded. Substitutions will be accepted. Cancellation Policy Programs are subject to cancellation if enrollment is insufficient. In the unlikely event this program is cancelled, registration fees will be refunded. Neither IWLA nor WZI is responsible for costs incurred by registrants in the event of program cancellation. Special Needs If you have special needs or requirements, please email jurias@iwla.com by August 24, 2009 and IWLA will do its best to accommodate you.
Location:	Hilton Ontario Airport Hotel 700 North Haven Ave Ontario CA 91764-4902 Tel: 909-980-0400
Contact:	Patty Senecal (310-678-7782) Faith Ramey (847-813-4686)
Email:	psenecal@iwla.com; framey@iwla.com
File:	Registration Form

IWLA and Industry Trade Associations Support Port of Seattle Clean Truck Plan

August 24, 2009

Bill Bryant
President
Port of Seattle Board of Harbor Commissioners
2711 Alaskan Way
Seattle, WA 98126

Dear Commission President Bryant:

On behalf of the undersigned national trade associations representing importers, exporters, and the logistics industries and service providers that support them, we are writing you in support of the Clean Truck Plan included in the Northwest Ports Clean Air Strategy. We believe this program will improve harbor truck related emissions while sustaining and promoting the competitive position of marine terminals in the region. Other ports around the country are supporting ancillary policies attached to similar clean truck programs that are designed to dramatically restructure the harbor drayage market without any real benefit to clean air. We support the Port of Seattle program in its current form and urge the Commission not to endorse policies designed to restructure the drayage market under the guise of clean air initiatives.

By way of background, the members of the undersigned trade associations move a significant amount of international cargo through Pacific Northwest ports as well as blue water ports around the country. This cargo supports the many port, transportation, logistics, and warehousing jobs in the region. Much of this cargo transits marine terminals by way of harbor trucks. We have a direct interest to ensure that this truckborne freight moves efficiently, safely, and in an environmentally responsible manner.

To that end, we support the elements of the Clean Truck Plan that are designed to reduce harbor truck emissions. These elements, including a rolling ban on the age of the truck, will have an enormous benefit to overall reduction of truck emissions. A similar program that has been in place in marine terminals in Southern California has already converted over 30% of the trucking fleet to 2007 U.S. EPA emissions compliant equipment since the program was implemented. That number is expected to reach 50% by the end of the year and will greatly contribute to air quality improvements. We would like to emphasize again widespread support for this rolling ban based truck replacement concept on the part of cargo owners moving freight through Pacific Northwest gateways. We believe the Port of Seattle has taken the right approach by focusing on the truck itself and not on who drives the truck.

We are particularly concerned with efforts to amend existing federal law to give port authorities and other localities an exemption from federal preemption over rates, routes and service codified in the Federal Aviation Administration Authorization Act (F4A). Already, the ports of Los Angeles, Oakland and the Port Authority of New York- New Jersey (PANYNJ) support this change in federal law to grant them the ability to regulate port trucking. In our opinion, this attempt by other ports to rewrite longstanding federal trucking laws is designed not to address emissions reductions, safety or security as they claim, but to fundamentally restructure the harbor drayage industry to drive out of business the many hard working independent truckers moving international freight.

Current federal laws already allow port authorities to move forward with clean truck programs such as those included in the Northwest Ports Clean Air Strategy. As already noted, the ports of Los Angeles and Long Beach already maintain the legal authority under federal law to ban and replace aging dirty trucks. Other federal laws regarding port security and motor carrier safety are in place to address these issues.

The effort to amend the F4A will do nothing to achieve clean air goals while fundamentally and unfairly restructuring the drayage market and increasing costs and supply chain disruptions for the Port of Seattle’s many customers. We urge you to oppose efforts to amend the F4A.

We stand ready to work with you to implement a Clean Truck Program that truly supports clean air goals and urge the Port not to endorse a change in federal law that will ultimately harm the many truckers that serve Pacific Northwest marine terminals, the customers of those terminals and the competitive position that your port enjoys today.

Sincerely,

Agriculture Transportation Coalition
American Apparel and Footwear Association
American Import Shippers Association
American Trucking Association
Coalition of New England Companies for Trade
Consumer Electronics Association
Fashion Accessories Shippers Association
Footwear Distributors and Retailers of America
Harbor Truckers Sustainable Future LA/LB
International Warehouse Logistics Association
NASSTRAC, Inc.
National Association of Waterfront Employers
National Home Furnishings Association
National Industrial Transportation League
National Pork Producers Council
National Retail Federation
The Health & Personal Care Logistics Conference, Inc.
The Waterfront Coalition
Pacific Coast Council of Customs Brokers & Freight Forwarders Assns Inc.
Pacific Northwest Asia Shippers Association
Retail Industry Leaders Association
Travel Goods Association
U.S. Association of Importers of Textiles and Apparel
United States Council for International Business
Washington State Potato Commission
West State Alliance
Western Home Furnishings Association
World Shipping Council

Warehouse Supervisor's Lunch & Learn

8/18/2009 Improve team efficiency. Build basic supervision skills in your staff at your own site with a series of twenty-four 1.25 hr audio conferences. Register unlimited attendees at up to 5 locations for one price. Supervisors are often placed in their positions because of their technical expertise. This program will focus on people skills necessary for success as well as time management, how to delegate work and build their team.
CLP Points:	40
Location:	In Your Office! Audio Conferences Tuesdays - 12:30pm-1:45pm (Central)
Contact:	Linda Wood, Assistant Vice President of Education
Email:	lwood@iwla.com
File:	General Information
File:	Registration Form
File:	Testimonials & Participating Companies
File:	Topic Description & Summary
Register now while space is available. The best way to register is by credit card online using the link at the bottom of this page, or complete a registration form for each registrant. Email to lwood@iwla.com or fax to 847-813-0115. (Note: The Pop Up Blocker on your browser needs to be disabled for the registration link to work.) If paying by check, fax registration separately and mail check payable to: IWLA Education & Research Foundation, Department 20-5031, P.O. Box 5988, Carol Stream, IL 60197-5988. Special Needs: If you have special requirements, please let Linda Wood know by October 3, 2008 and we will do our best to accommodate you. All cancellations must be received in writing by October 3, 2008 for a refund less a $250 administrative fee. No refunds after that date. Substitutions will be accepted.