Drivers for ride-hailing companies in Massachusetts are pushing to secure what they describe as a first-of-its-kind ballot question that would grant them union rights after winning a minimum pay standard of $32.50 per hour from Uber and Lyft's lawsuit settlement.
Giving Ride-Hailing Drivers The Right Unionize
According to ABC News, supporters of the measure successfully delivered the final batch of signatures required to secure a place on the November ballot. Attorney General Andrea Campbell, who negotiated the Massachusetts settlement, also supports the ballot question, saying, "It's a strong foundation that can and should be built upon."
If approved, the ballot question would classify "active drivers" as those who have completed more than the median number of rides in the last six months. Once a union signs up 5% of active drivers within a bargaining unit, it would receive a roster of all eligible workers and have the authority to prevent any other union from gaining recognition without undergoing an election.
A union will become the certified bargaining representative if it signs up 25% of eligible voters in a bargaining unit. However, this certification can be challenged if another union or a "no-union" group presents signed cards from at least 25% of eligible voters within the next seven days, necessitating an election to determine the bargaining representative.
Uber, Lyft's Settlement with Massachusetts Last Month
The settlement last month resolves a lawsuit initially filed in 2020 during Governor Maura Healey's tenure as attorney general, which alleged Uber and Lyft of intentionally disregarding the state's stringent criteria for determining independent contractor status, depriving roughly 90,000 drivers of essential benefits and protections.
READ ALSO : Uber, Lyft Riders Win $32.50 Hourly Minimum Wage as Massachusetts AG Demands $175M Violation Settlement
The court also approved a ballot measure that would permit app-based drivers to unionize and engage in collective bargaining under specified guidelines, the Commonwealth Beacon reported.
April Verrett, president of the Service Employees International Union, said that current labor laws do not adequately address gig workers, a gap the ballot question aims to address in Massachusetts. If approved and voters form a union, all workers, regardless of their employment type, will have the opportunity to join together with their colleagues to influence their working conditions.
Under the settlement, Uber and Lyft drivers received $32.50 per hour for time spent traveling to pick up and transport passengers, earned one hour of sick day pay for every 30 hours worked, qualified for a health insurance stipend, and granted easy access to in-app support in cases of deactivation. Uber was also mandated to pay Massachusetts $148 million, and Lyft to pay the state $27 million, with a significant portion earmarked for restitution to current and former drivers, WBUR reported.
Following the settlement, Lyft said the agreement resolved a recently litigated lawsuit, avoiding the need for a ballot initiative campaign in November. Uber also described the agreement in a separate statement as an illustration of how independent, flexible work with dignity should be defined in the 21st century.
