Text of OOIDA Motion to Intervene in Teamsters Lawsuit against Mexican Trucks

ninth-circuitEinstein had it right! Insanity, pure insanity from the penthouse executive suites in Grain Valley Missouri, headquarters to the Owner Operators Independent Drivers Association.

As promised previously, we have the filing OOIDA made yesterday to intervene in the latest frivolous and baseless lawsuit filed by the Teamsters in failed attempt to keep legal, safe and compliant Mexican trucks out of the United States.

OOIDA “claims” they have a different practical and legal perspective from the Teamster and the bogus safety groups regarding the
threat to highway safety posed by the operation of commercial motor vehicles by Mexico-domiciled trucking companies on roadways throughout the United States.

Truthfully, the “different and practical perspective” they bring to the table is anything but. It is the racist and xenophobic views of the bigoted little man who runs OOIDA with an iron fist, Jim Johnston and his sidekick, Todd Spencer..

And what is this “legal perspective” they bring?  According to the document filed with the 9th Circuit Court of Appeals, the most liberal court in the nation, they claim:

OOIDA’s interests and the interests of its members will be directly, and adversely affected by the grant of such operating authority.
OOIDA has participated at every stage in the agency proceedings related to cross border trucking.

Most recently, OOIDA was a Petitioner in the challenge to the Pilot Program which is the subject of the Report to Congresschallenged in this proceeding. International Brotherhood of Teamsters, et al. v.United States Department of Transportation, No. 11-1444 consolidated with Owner-Operator Drivers Association, Inc. v. Federal Motor Carrier Safety Administration, No. 11-1251 (U.S. Court of Appeals for the District of Columbia Circuit). OOIDA was found to have standing in that proceeding. Id., 724 F.3d 206, 211-212 (D.C. Cir. 2013). OOIDA pursued a Hobbs Act challenge to the Demonstration Project on cross border trucking in this Court. Owner-Operator Independent Drivers Association, Inc. v. U.S. Dept. of Transportation, et. al.,Appeal No. 07-73987, U.S. Court of Appeals Ninth Circuit. 

OOIDA  submitted comments in agency proceedings throughout the history of cross-border trucking with Mexico, including: the proposed pilot program, the draft Environmental Assessment, and several preauthorization safety audits for Mexican carriers.1 OOIDA participated in the agency proceeding related to the 2007 Demonstration Project.2 OOIDA members have independently participated in these agency proceedings

What in the cornbread hell is all this? I did the same, actually more, commenting in the positive for carriers seeking entry into the Pilot Program, after careful research and reaching logical conclusions about the fitness of the applicant.

And as both OOIDA and the Teamsters have done in the past, with impunity I might add, the once again perjured themselves before the Court.

In their filing, they continue with the erroneous claim that;

OOIDA’s
membership is comprised of more than 150,000 small-business truck operators
who collectively own and operate more than 211,000 individual heavy-duty trucks,
and represent nearly half of the total of active motor carriers operating on
highways throughout the United States.

However, in their legal filings with the IRS and other tax authority, the claim of 150,000 members simply is not possible, unless like good Democrats, they are counting their dead members among the membership. The claim of members operating more than 211,000 trucks should raise some eyebrows. As a good friend of mine, who many of you know pointed to me in an email this morning,

I love how OOIDA is getting “further out-there” in their outlandish claims of who they supposedly represent. Really? Half of all registered motor carriers? Guess if you say it enough it becomes true?

The lie is easily exposed by the simple fact that according to UCR data there are nearly 200,000 one truck motor carriers out of a total of 525,000 registered motor carriers. OOIDA is trying to claim that all 200K are members? Even their own “non-inflation” “unadjusted” membership number of 150,000 doesn’t get close to 200K.

This post is part of the thread: Mexico Cross Border Pilot Program – an ongoing story on this site. View the thread timeline for more context on this post.