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Trucking group calls on Biden to rescind nomination of DOL pick over AB 5 record

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Confirmation for President Joe Biden's pick to lead the Department of Labor (DOL) seems unlikely, so much so that one trucking organization has called for the administration to rescind her nomination. 

Julie Su's nomination remains stalled in the Senate, where she presumably doesn't have enough votes for confirmation. Her nomination has been unpopular among trucking stakeholders, mostly due to her role in passing California's AB 5 independent contractor legislation as California's labor commissioner, then as secretary for the California Labor and Workforce Development Agency.

Thursday, the Owner-Operator Independent Drivers Association (OOIDA) wrote a letter to President Biden, asking him to "withdraw the nomination of Ms. Julie Su to lead the U.S. Department of Labor."

"We believe the time has come to select a new nominee whose record demonstrates not only a commitment to improving working conditions for employee drivers, but also an appreciation for the benefits independent contractor status has provided owner-operators over many decades," wrote OOIDA President and CEO Todd Spencer.

The American Trucking Associations (ATA) and Truckload Carriers Association (TCA) each have voiced similar concerns pointed at Su's involvement in AB 5, yet to-date have not yet called on the administration to rescind her nomination. 

"Since her nomination [in February], Ms. Su has failed to acknowledge any problems exist with AB 5, despite the dramatic impact the policy has had on our members operating in California and beyond," Spencer continued. "She has also failed to adequately answer questions about her interest in pursuing similar policies on the federal level as Secretary. While we felt Ms. Su’s record in California should have prevented Senators from ever supporting her nomination, we believe her inability to answer direct questions involving the consequences of her work in California or intentions as Secretary are the reason she does not have the necessary support to be confirmed."

Su in testimony earlier this month said she sees the role of DOL Secretary – and her current role as Acting Secretary – as a rules enforcer not rule-maker, and said she was not calling for similar legislation at the federal level. 

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