SUMMARY
As required by law, summaries are written by the State Attorney General.
The proposed law would provide Transportation Network Drivers (“Drivers”) with the right to form unions (“Driver Organizations”) to collectively bargain with Transportation Network Companies (“Companies”)-which are companies that use a digital network to connect riders to drivers for pre-arranged transportation-to create negotiated recommendations concerning wages, benefits and terms and conditions of work. Drivers would not be required to engage in any union activities. Companies would be allowed to form multi- Company associations to represent them when negotiating with Driver Organizations. The state would supervise the labor activities permitted by the proposed law and would have responsibility for approving or disapproving the negotiated recommendations.
The proposed law would define certain activities by a Company or a Driver Organization to be unfair work practices. The proposed law would establish a hearing process for the state Employment Relations Board (“Board”) to follow when a Company or Driver Organization is charged with an unfair work practice. The proposed law would permit the Board to take action, including awarding compensation to adversely affected Drivers, if it found that an unfair work practice had been committed. The proposed law would provide for an appeal of a Board decision to the state Appeals Court.
This proposed law also would establish a procedure for determining which Drivers are Active Drivers, meaning that they completed more than the median number of rides in the previous six months. The proposed law would establish procedures for the Board to determine that a Driver Organization has signed authorizations from at least five percent of Active Drivers, entitling the Driver organization to a list of Active Drivers; to designate a Driver Organization as the exclusive bargaining representative for all Drivers based on signed authorizations from at least twenty-five percent of Active Drivers; to resolve disputes over exclusive bargaining status, including through elections; and to decertify a Driver Organization from exclusive bargaining status. A Driver Organization that has been designated the exclusive bargaining representative would have the exclusive right to represent the Drivers and to receive voluntary membership dues deductions.
Once the Board determined that a Driver Organization was the exclusive bargaining representative for all Drivers, the Companies would be required to bargain with that Driver Organization concerning wages, benefits and terms and conditions of work. Once the Driver Organization and Companies reached agreement on wages, benefits, and the terms and conditions of work, that agreement would be voted upon by all Drivers who has completed at least 100 trips the previous quarter. If approved by a majority of votes cast, the recommendations would be submitted to the state Secretary of Labor for approval and if approved, would be effective for three years. The proposed law would establish procedures for the mediation and arbitration if the Driver Organization and Companies failed to reach agreement within a certain period of time. An arbitrator would consider factors set forth in the proposed law, including whether the wages of Drivers would be enough so that Drivers would not need to rely upon any public benefits. The proposed law also sets out procedures for the Secretary of Labor’s review and approval of recommendations negotiated by a Driver Organization and the Companies and for judicial review of the Secretary’s decision.
The proposed law states that neither its provisions, an agreement nor a determination by the Secretary would be able to lessen labor standards established by other laws. If there were any conflict between the proposed law and existing Massachusetts labor relations law, the proposed law would prevail.
The Board would make rules and regulations as appropriate to effectuate the proposed law.
The proposed law states that, if any of its parts were declared invalid, the other parts would stay in effect.
WHAT YOUR VOTE WILL DO
As required by law, the statements describing the effect of a “yes” or “no” vote are written jointly by the State Attorney General and the Secretary of the Commonwealth.
A YES VOTE would provide transportation network drivers the option to form unions to collectively bargain with transportation network companies regarding wages, benefits, and terms and conditions of work.
A NO VOTE would make no change in the law relative to the ability of transportation network drivers to form unions.
STATEMENT OF FISCAL CONSEQUENCES
As required by law, statements of fiscal consequences are written by the Executive Office of Administration and Finance.
The proposed law has no discernible material fiscal consequences for state and municipal government finances.
IN FAVOR:
A YES vote will give Massachusetts rideshare drivers, who work for companies
like Uber and Lyft, the option to join a union while also maintaining driver flexibility and independence. The option to join a union is guaranteed for most workers, but rideshare drivers currently don’t have that choice. Vote YES to allow rideshare drivers the option to choose a union.
Roxana Rivera United for Justice
26 West Street, 6th Floor Boston, MA 02111
401-965-3555
AGAINST:
DRIVERS AND RIDERS URGE NO ON QUESTION 3
Question 3 would RAISE THE PRICES FOR ALL RIDERS, funding union pockets, not drivers’ pockets.
This law gives Politicians the right to set rules with NO accountability and creates a new radical labor category that is inconsistent with federal labor law.
Drivers in Massachusetts ALREADY receive:
• Base of $32.50 per hour with yearly increases
• Paid Sick Leave
• Paid Family Medical Leave
• Healthcare Stipend
• On-the-Job Injury Insurance
• Anti-Discrimination Protections
• Domestic Violence Leave
• Anti-Retaliation Protections
• Appeals Process
Question 3 does not really create bargaining for workers. Drivers will have no control over leadership of the union and will pay significant dues without real representation.
This proposal is not fair to Drivers and allows just 2 ½ percent of drivers to force unionization and leaves many Drivers without a voice.
Vote No on Question 3.
Massachusetts Fiscal Alliance Boston, MA
617-553-4115
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