Connecticut 2021 2021 Regular Session

Connecticut Senate Bill SB01000 Introduced / Bill

Filed 03/03/2021

                        
 
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General Assembly  Raised Bill No. 1000  
January Session, 2021 
LCO No. 3745 
 
 
Referred to Committee on LABOR AND PUBLIC EMPLOYEES  
 
 
Introduced by:  
(LAB)  
 
 
 
 
AN ACT CONCERNING TR ANSPORTATION NETWORK COMPANY 
DRIVERS. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. (NEW) (Effective October 1, 2021) As used in sections 1 to 7, 1 
inclusive, of this act, unless the context otherwise requires: 2 
(1) "Transportation network company" or "TNC" means a business, 3 
or group of businesses whose share of common ownership is greater 4 
than fifty per cent, that has hired, contracted with, partnered with, or 5 
maintained a contractual relationship or partnership with, fifty or more 6 
TNC drivers and that operates a web site or smartphone application 7 
from which a customer purchases, schedules or otherwise arranges for 8 
the transporting of passengers on trips that originate in this state; 9 
(2) "Transportation network company driver" or "TNC driver" means 10 
an individual who has been hired, contracted with, partnered with, or 11 
maintained a contractual relationship or partnership with, a TNC only 12 
to the extent that the TNC driver is transporting passengers on trips that 13 
originate in this state, arranged via a transportation network company, 14 
and for which such worker receives remuneration from such 15  Raised Bill No.  1000 
 
 
 
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transportation director; 16 
(3) "Delivery network company" or "DNC" means a business or group 17 
of businesses whose share of common ownership is greater than fifty 18 
per cent, that has hired, contracted with, partnered with, or maintained 19 
a contractual relationship or partnership with fifty or more DNC drivers 20 
and that operates a web site or smartphone application from which a 21 
customer purchases, schedules or otherwise arranges for the DNC 22 
driver to transport ready-to-eat food on an on-demand basis for trips 23 
that originate in this state in response to an order placed by the end 24 
purchaser of food or other good; 25 
(4) "Delivery network company driver" or "DNC driver" means an 26 
individual who has been hired, contracted with, partnered with, or 27 
maintained a contractual relationship or partnership with, a DNC only 28 
to the extent that the DNC driver is transporting ready-to-eat food on 29 
trips that originate in this state, arranged via delivery network 30 
company, and for which such worker receives remuneration from such 31 
delivery network company; 32 
(5) "Network companies" include all transportation network 33 
companies and delivery network companies as defined in this section; 34 
(6) "Network workers" include all transportation network company 35 
drivers and delivery network company drivers as defined in this 36 
section; 37 
(7) "Union" means an organization certified by the director of the 38 
State Board of Labor Relations to represent, or that seeks to represent, 39 
network workers in a bargaining unit; 40 
(8) "Board" means the State Board of Labor Relations created 41 
pursuant to section 31-102 of the general statutes; 42 
(9) "Director" means the director of the State Board of Labor Relations; 43 
(10) "Collectively bargained recommendations" or "collectively 44 
bargained recommendations for the terms and conditions of work" 45  Raised Bill No.  1000 
 
 
 
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means the recommended terms and conditions of work agreed upon 46 
collectively by the industry council; 47 
(11) "Binding terms and conditions of work" means the terms and 48 
conditions approved by the board regulating network companies and 49 
network workers, which are exempt from federal antitrust laws and 50 
which displace the compensation requirements of such laws with terms 51 
and conditions of network worker compensation and work conditions; 52 
(12) "Industry council" means the body comprised of member 53 
network companies, when network workers are represented by a 54 
representative union, and their respective representative unions; and 55 
(13) "Active network worker", with respect to a particular TNC or 56 
DNC, means a TNC driver or DNC driver who has performed one 57 
hundred twenty requests through the TNC's platform in the last ninety 58 
days.  59 
Sec. 2. (NEW) (Effective October 1, 2021) (a) Individuals who are 60 
network workers may organize without interference from their 61 
affiliated network company to seek the representation of an 62 
organization as described in this section to join the industry council and 63 
bargain on their behalf to create collectively bargained 64 
recommendations that may be approved by the board concerning the 65 
terms and conditions of work under which the network workers shall 66 
provide services throughout the sector. 67 
(b) Upon request by a union to a network company, such network 68 
company shall provide the director, not later than thirty days after the 69 
request, a system to directly contact all active network workers in the 70 
requested unit. The system shall allow for direct contact by the union, 71 
the director or another authorized user without the direct transfer or 72 
sharing of personally identifiable information, in accordance with the 73 
network company's privacy policy, and shall allow the director to 74 
confirm the total number of active network workers and the current 75 
active network worker status for each signed authorization card 76 
submitted by a union. If a network company fails to provide the director 77  Raised Bill No.  1000 
 
 
 
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with credentials to access a system to directly contact network workers 78 
not later than thirty days after the union made its initial request, the 79 
director may issue a daily penalty not exceeding one hundred thousand 80 
dollars for each day the network company fails to cure such violation. If 81 
the network company provides the requested information as provided 82 
in this section, the director shall inform a requesting union of the 83 
number of active network workers for which it received information 84 
from the network company. 85 
(c) If a union provides the director with proof of interest from not less 86 
than ten per cent of the active network workers in a bargaining unit, the 87 
director shall supply the union with credentials to access the system to 88 
directly contact network workers it was provided by the director. Proof 89 
of interest shall be in the form of signed authorization cards, which may 90 
be in electronic form, and shall be calculated based on the number of 91 
active network workers the director included in the system. A union 92 
shall use the system to contact active network workers pursuant to this 93 
subsection for the sole purpose of contacting drivers to solicit their 94 
interest in being represented by the union. 95 
(d) If no union currently serves as the exclusive negotiating 96 
representative for an appropriate bargaining unit, a director may 97 
voluntarily recognize a union as a representative union of its network 98 
workers for the requested unit for the purpose of joining an industry 99 
council and commencing negotiations under this article, if that union 100 
provides to the director proof that ten per cent of the active network 101 
workers in the unit have shown their preference to have that union serve 102 
as their representative. Proof of interest shall be in the form of 103 
authorization cards, which may be in electronic form, signed and dated 104 
within the previous twelve months. 105 
(e) In order to become the exclusive representative, a union or 106 
representative union may present proof of interest from thirty per cent 107 
of active network workers in the unit, at which point the director shall 108 
hold an election to determine if the unit wishes to be represented by the 109 
union or representative union. Proof of interest shall be in the form of 110  Raised Bill No.  1000 
 
 
 
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signed authorization cards, which may be in electronic form, and shall 111 
be calculated based on the number of active network workers for which 112 
the director provides access pursuant to this section. If a majority of all 113 
network workers in the bargaining unit who vote choose representation 114 
by the petitioning union, the director shall declare that the union is the 115 
exclusive representative union of the network workers. 116 
(f) In the event that a unit of network workers vote to reject union 117 
representation, a union shall wait not less than twelve months before 118 
seeking an election to become the exclusive representative of network 119 
workers in the same bargaining unit. 120 
(g) A network worker may file a petition with the director to request 121 
decertification of a representative union through the following 122 
procedures: (1) A decertification petition shall be received by the 123 
director not more than thirty days before the expiration of a binding set 124 
of terms and conditions of work reached pursuant to this section or not 125 
less than three years after the binding set of terms and conditions of 126 
work effective date, whichever is earlier; (2) a decertification petition 127 
shall be signed by not less than thirty per cent of the network workers 128 
in the bargaining unit; and (3) the signatures may be in electronic form 129 
and shall be dated within one year of the date that the petition is 130 
submitted. When a petition has been accepted by the director, the 131 
director shall issue notice to the director and the representative union of 132 
the decertification petition and promulgate a decertification date. The 133 
director shall have fourteen days from the decertification date to 134 
transmit a list of the members of the bargaining unit to the petitioners 135 
and the representative union. After receipt of a petition, the director 136 
shall determine if the signatures are sufficient to hold an election to 137 
decertify the representative union for that particular director or declare 138 
that the decertification petition did not meet the threshold and reaffirm 139 
that the representative union shall continue representing the bargaining 140 
unit. To decertify the representative union, a majority of the voting 141 
members of the bargaining unit shall vote for such decertification. If a 142 
union is decertified for a particular director, a union may establish or 143 
reestablish exclusive negotiating representative status. 144  Raised Bill No.  1000 
 
 
 
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Sec. 3. (NEW) (Effective October 1, 2021) (a) Following certification by 145 
the director of a voluntary or an exclusive representative, a director and 146 
the representative union shall form or, if the industry council has 147 
already been formed, join the industry council for the purpose of 148 
sectoral bargaining. Upon reaching a threshold of at least eighteen 149 
thousand active network workers, the industry council shall meet and 150 
negotiate in good faith to create a set of collectively negotiated 151 
recommendations concerning the terms and conditions of work for all 152 
network workers in the industry council. 153 
(b) A director may be eligible to become a member of the industry 154 
council, if it contracts with at least: (1) Five thousand network workers 155 
on average each day; or (2) ten per cent of total active network workers 156 
in the state. 157 
(c) Each industry council director member may participate in the 158 
negotiation process with the representative union members on the 159 
council. Each director on the industry council shall exercise one vote. 160 
Each representative union representing a bargaining unit shall exercise 161 
votes in proportion to the amount of money sent to the nonprofit from 162 
the director of the representative union's bargaining unit. 163 
(d) Industry councils shall be formed as tax-exempt organizations for 164 
purposes of collective negotiations, administration of community-based 165 
job access programs, and any other functions necessary to carry out the 166 
provisions of sections 1 to 7, inclusive, of this act. Each industry council 167 
shall form committees or related nonprofit entities as needed for 168 
purposes of administration of benefits to network workers and 169 
community-based job access programs, and any other functions 170 
necessary to carry out the provisions of sections 1 to 7, inclusive, of this 171 
act. Representation on the governing board of any committee or related 172 
nonprofit entity, except for the nonprofit entity established to 173 
administer benefits for network workers or for representative union 174 
service fees shall include equal representation by both network 175 
companies and representative unions unless otherwise specified or 176 
agreed to by the parties. Voting threshold to approve measures by a 177  Raised Bill No.  1000 
 
 
 
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committee or related nonprofit entity shall be sixty per cent of the votes 178 
from network companies and sixty per cent of the votes from 179 
representative unions unless otherwise specified or agreed to by the 180 
parties. 181 
(e) As a condition of membership in the industry council, in addition 182 
to complying with any terms and conditions of work made binding by 183 
the director, the director shall agree to collect a surcharge on each trip 184 
or delivery facilitated by the director for the network workers of the 185 
bargaining unit in an amount not less than six per cent but not more 186 
than twelve per cent of the transaction, the amount of which shall be 187 
determined as part of the binding terms and conditions of work, to pay 188 
for benefits, the functions of the representative unions and worker 189 
training programs. The funding required by this section shall not come 190 
from or be deducted or drawn from network workers' earnings. On a 191 
monthly basis network companies shall remit the required funds to be 192 
used as follows: The remainder of the funding percentage shall be used 193 
to fund portable benefit accounts for the network workers in the 194 
bargaining units. The administration of portable benefit accounts and 195 
related funds, including the choice of providers, shall be performed by 196 
a single nonprofit entity serving all of the industry councils in the state 197 
and established for that purpose. Each representative union on the 198 
industry council shall also serve on the board of the nonprofit 199 
established to administer benefits and shall exercise votes in proportion 200 
to the amount of money sent to the nonprofit from the director of the 201 
representative union's bargaining unit. 202 
(f) One per cent of the funding percentage shall go to funding 203 
community-based job readiness, skills training, paid internships and 204 
programs, to be performed by a subcommittee of the industry council. 205 
(g) Representative union network companies shall remit one per cent 206 
of the funding percentage on a monthly basis to the representative 207 
union. The unions shall use those allocated funds to provide 208 
representation, training benefits and services for their members. 209  Raised Bill No.  1000 
 
 
 
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(h) Written affirmation that the director will not unilaterally prescribe 210 
specific dates, times of day, or a minimum number of dispatches a 211 
network worker shall accept or minimum number of hours during 212 
which the network worker shall be logged into the network company's 213 
online-enabled application, along with written affirmation that the 214 
director will not require the network worker to accept any specific 215 
service request as a condition of maintaining access to the director's 216 
online-enabled application or platform, and written affirmation that the 217 
director will not restrict the network worker from performing services 218 
through other network companies, except during engaged time. 219 
(i) A director representative with the appropriate authority shall meet 220 
on not less than a quarterly basis with a representative group of network 221 
workers to discuss any issues of concern to network workers including, 222 
but not limited to, efficiency, safety, communication, best practices and 223 
clarification of the director's policies. Such council meetings are not 224 
bargaining sessions and there shall not be a mandatory duty to agree. 225 
(j) As a condition of membership in the industry council, network 226 
companies and representative unions shall agree to: (1) Publish social 227 
equity policies aimed at eliminating racial bias in hiring, training, 228 
promotion, services and resource allocation; including annually 229 
publishing data identifying the percentage of the organization's 230 
governing board, executives and employees that are people of color; (2) 231 
prioritize the use of community financial institutions, minority financial 232 
institutions and minority asset managers for administration of benefit 233 
funds; (3) prioritize local news organizations, including community, 234 
hyperlocal, in-language newspaper organizations in contracts or 235 
subcontracts for the placement of all marketing and outreach 236 
advertising services. 237 
(k) Terms and conditions of work based on the recommendations 238 
negotiated pursuant to this section and approved by the director shall 239 
be of not more than four years' duration. Terms and conditions of work 240 
shall include the rate of payment to network workers and may include 241 
consideration of network workers' costs of taxes, expenses, wait time, 242  Raised Bill No.  1000 
 
 
 
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and other appropriate considerations such that the resulting rate of pay 243 
for engaged time is not lower than any applicable state or local laws 244 
governing the rate of pay of those network workers that are in effect on 245 
the effective date of this section. 246 
(l) Nothing in this section shall be construed to preclude network 247 
companies from compensating network workers above the minimum 248 
rates established through binding terms and conditions of work. Each 249 
director shall retain exclusive rights to determine the products, product 250 
features, proprietary software algorithms and other systems and 251 
processes that enable compliance with this section and the other terms 252 
and conditions of work included pursuant to this section. 253 
(m) Portable benefits to be funded by the amounts required under 254 
this section and offered through the nonprofit entity offered network 255 
workers through binding terms and conditions of work shall include 256 
both universal benefits that attach to each network worker regardless of 257 
which director they contract with or how much they work and 258 
individual benefit accounts, which may include benefits tied to amount 259 
of work performed for one or more network companies. 260 
(n) Universal benefits offered shall include workplace injury 261 
protection in the form of occupational accident coverage or other 262 
insurance coverage for network workers equal to benefits of such type 263 
provided by existing workers compensation law. 264 
(o) Individual benefit accounts for eligible workers, in which funds 265 
may be deposited, may be used for specific purposes to be determined, 266 
such as paid time off, retirement savings, health care premiums or other 267 
benefits agreed to by the parties. 268 
(p) Minimum health and safety standards shall be established, 269 
including training requirements, protocols and procedures necessary to 270 
provide safe and sanitary transportation services and a safe workplace 271 
environment for network workers. 272 
(q) A written affirmation of antidiscrimination rights shall be 273  Raised Bill No.  1000 
 
 
 
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provided to network workers. Such rights shall be no less restrictive 274 
upon the director than the antidiscrimination laws of this state. 275 
(r) Written affirmation of due process rights shall be provided to 276 
network workers, including the right to representation, dispute 277 
resolution and a deactivation appeals process which allows drivers to 278 
expeditiously resolve complaints and disputes regarding their 279 
suitability or eligibility to drive. 280 
(s) (1) If the industry council members reach agreement on a set of 281 
recommendations, they shall reduce such recommendations to writing 282 
and submit them to a vote conducted by the representative unions of 283 
the network workers of the industry council. In the case of the first 284 
election of an industry council concerning recommended terms and 285 
conditions of work, the election shall determine if a majority of the 286 
voting active network workers in the industry council support the 287 
recommended terms and conditions of work. If the voters reject the 288 
recommendations, or if the director finds the recommendations 289 
noncompliant, at the representative unions' request, the parties are 290 
obliged to resume negotiating to reach an agreement that they believe 291 
will address the director's concerns and the concerns of the voting 292 
workers, and submit new collectively negotiated recommendations to 293 
the members as set forth above. If the industry council members 294 
negotiate to impasse and fail to reach agreement on a set of 295 
recommendations within five months of being certified by the director 296 
or within two months of the end of the previous director-approved 297 
binding terms and conditions of work, either the network companies or 298 
the representative union may submit their dispute to interest 299 
arbitration. A majority of the director votes, measured in proportion to 300 
the number of network workers it represents, relative to all workers 301 
represented in the industry council shall be required to submit the 302 
dispute to interest arbitration. 303 
(2) In order for the representative unions to submit the dispute to 304 
interest arbitration, the representative unions shall hold an election and 305 
may only submit the dispute if a majority of the voters in the industry 306  Raised Bill No.  1000 
 
 
 
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council agree. The goal of interest arbitration shall be to create a new set 307 
of recommendations to be presented to the director for approval. The 308 
interest arbitrator shall be selected by mutual agreement of the network 309 
companies and representative unions in the industry council. If the 310 
network companies and representative unions in the industry council 311 
cannot agree, then the arbitrator shall be determined as follows: (A) 312 
From a list of seven arbitrators with experience in labor disputes or 313 
interest arbitration designated by the American Arbitration Association, 314 
the side requesting arbitration shall strike a name; (B) thereafter, the 315 
other side shall strike a name; (C) the process shall continue until one 316 
name remains, and that person shall be the arbitrator; (D) the cost of the 317 
interest arbitration shall be divided between the parties proportionally, 318 
as a proportion each bargaining unit generates of the surcharge in this 319 
section; (E) the interest arbitrator shall propose the most fair and 320 
reasonable set of recommendations concerning subjects specified in 321 
terms and conditions promulgated by the director that furthers the 322 
provision of safe, reliable, and economical services, the well-being of the 323 
network workers, and the policy goals set forth in this article; and (F) 324 
the term of any recommended terms and conditions of work proposed 325 
by the interest arbitrator and approved by the director shall not exceed 326 
two years. In proposing recommendations, the interest arbitrator shall 327 
consider the following criteria: (i) Any stipulations of the parties; (ii) the 328 
cost of expenses incurred by network workers, such as fuel, wear and 329 
tear on equipment, and insurance; (iii) the safety and equipment 330 
standards and rules applicable to other persons, whether employees or 331 
independent contractors, employed doing similar work in this state and 332 
its environs, as well as other comparable states; (iv) the director's 333 
financial condition and need to ensure a reasonable return on 334 
investment and profit; (v) any other factors that are normally or 335 
traditionally taken into consideration in the determination of wages, 336 
hours, safety and equipment standards, rules and conditions of work; 337 
and (vi) the state's interest in promoting the provision of safe, reliable, 338 
and economical services and otherwise advancing the public policy 339 
goals set forth in this article. 340  Raised Bill No.  1000 
 
 
 
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(3) The arbitrator shall transmit the proposed recommendations to 341 
the director with a written report that sets forth the basis for the 342 
arbitrator's resolution of any disputed issues. 343 
(4) Either party may challenge the proposed recommendations not 344 
later than ten days after the interest arbitrator releases their 345 
recommendations on the following grounds: (A) That the interest 346 
arbitrator was biased, (B) that the interest arbitrator exceeded his or her 347 
authority, or (C) that a provision of the proposed agreement is arbitrary 348 
and capricious. In the event of such a challenge, the director will provide 349 
notice to the parties, allow them the opportunity to be heard, and shall 350 
make a determination as to whether any of the challenges asserted 351 
should be sustained. 352 
(5) During the term of any binding terms and conditions of work, the 353 
parties may discuss additional terms and, if agreement on any 354 
additional recommendations are reached, shall submit proposed 355 
recommendations to a vote of the network workers of the industry 356 
council conducted by the representative unions, and to the director, 357 
which shall consider the proposed recommendations in accordance 358 
with the procedures and standards set forth in section 4 of this act. No 359 
proposed recommendations shall go into effect until the 360 
recommendations have been approved by both the vote of the network 361 
workers and the director. 362 
(t) Not less than ninety days before the expiration of the term of any 363 
binding terms and conditions of work, the parties shall meet to negotiate 364 
a new set of recommendations. 365 
Sec. 4. (NEW) (Effective October 1, 2021) (a) If the network workers in 366 
an industry council approve a set of collectively negotiated 367 
recommendations, or an interest arbitrator proposes recommendations 368 
in accordance with sections 1 to 7, inclusive, of this act, the 369 
recommendations shall be submitted to the director for review and 370 
certification. 371 
(b) The director shall review the recommendations to ensure that they 372  Raised Bill No.  1000 
 
 
 
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satisfy the minimum requirements and purposes set forth in section 3 of 373 
this act and advance the public policy goals set forth in sections 1 to 7, 374 
inclusive, of this act, including promotion of the well-being of the 375 
network workers and the provision of safe, reliable and economical 376 
services. 377 
(c) In conducting a review, the record shall not be limited to the 378 
submissions of the parties nor to the terms of the proposed 379 
recommendations. The director shall have the right to gather and 380 
consider any necessary evidence, including by conducting public 381 
hearings and requesting additional information from the parties. 382 
Following the review, the director shall notify the parties of the 383 
determination in writing, and shall include in the notification a written 384 
explanation of all conclusions. Absent good cause, the director shall 385 
issue the determination of compliance not later than sixty days after the 386 
receipt of collectively negotiated recommendations. If the director finds 387 
the recommendations compliant, the recommendations shall be binding 388 
on all network companies and network workers in the state. If the 389 
director determines that the recommendations are not compliant, he or 390 
she shall declare such and provide a statement of reasons why they have 391 
rejected the recommendations, and, at the director's discretion, may 392 
suggest ways the parties may remedy such noncompliance. 393 
(d) During the term of any binding terms and conditions of work, the 394 
director shall have an ongoing supervisory role to ensure that their 395 
implementation satisfies the minimum requirements and purposes set 396 
forth in section 3 of this act and advances the public policy goals set forth 397 
in sections 1 to 7, inclusive, of this act, including promotion of the well-398 
being of the network workers and providing economical services. The 399 
director shall have the authority to withdraw approval of the 400 
recommendations if the director determines that the recommended 401 
terms and conditions no longer adhere to the provisions of this section 402 
or that they no longer promote the provision of safe, reliable, and 403 
economical services and the public policy goals set forth in sections 1 to 404 
7, inclusive, of this act. The director may withdraw approval only after 405 
providing the parties with written notice of the proposed withdrawal of 406  Raised Bill No.  1000 
 
 
 
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approval, the grounds therefore, and an opportunity to be heard 407 
regarding the proposed withdrawal. The director's withdrawal of 408 
approval shall be effective only upon the issuance of a written 409 
explanation of the reasons why the approved terms and conditions no 410 
longer adhere to the provisions of sections 1 to 7, inclusive, of this act or 411 
no longer further the provision of safe, reliable, and economical for-hire 412 
transportation services or the public policy goals set forth in sections 1 413 
to 7, inclusive, of this act. If the director withdraws approval of an 414 
existing set of binding terms and conditions of work, the parties may 415 
submit a new set of agreed-upon recommendations for consideration 416 
not later than three months after such withdrawal of approval. 417 
Sec. 5. (NEW) (Effective October 1, 2021) (a) A director or its agent, 418 
designee, employee, or any person or group of persons acting directly 419 
or indirectly in the interest of the director in relation to their network 420 
workers shall not: (1) Refuse to negotiate in good faith with a 421 
representative union to create an agreed upon set of recommended 422 
terms and conditions of work in connection with the director or refuse 423 
to reduce to writing and sign the negotiated recommendations; (2) fail 424 
to provide the director with a system to directly contact all network 425 
workers in the requested unit within thirty days of the request by a 426 
union to the director; (3) dominate or interfere with the formation, 427 
existence or administration of an organization representing, or seeking 428 
to represent, their network workers; (4) interfere with, restrain, coerce, 429 
discharge or otherwise discriminate against any network worker in the 430 
exercise of the rights provided to the network worker by sections 1 to 7, 431 
inclusive, of this act, or by any other provision of the laws of this state; 432 
or (5) offer to provide money or anything of value to any network 433 
worker with the intent of encouraging that network worker to exercise, 434 
or to refrain from exercising, their rights under sections 1 to 7, inclusive, 435 
of this act. 436 
(b) The director shall have complete authority to enforce the 437 
requirements of this section. 438 
(c) An investigation by the director of alleged violations of the 439  Raised Bill No.  1000 
 
 
 
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provisions of this section shall include such investigatory techniques as 440 
deemed necessary pursuant to conditions adopted by the director. 441 
(d) If the director finds reasonable cause to believe an unfair labor 442 
practice has been committed, they shall issue a notice stating that: (1) 443 
The director found reasonable cause to believe a violation has been 444 
committed and shall be remedied; (2) the person or entity allegedly in 445 
violation of the section is entitled to a hearing before the director to 446 
present evidence to the contrary; and (3) a daily penalty not to exceed 447 
one hundred thousand dollars shall accrue for every day the violator 448 
fails to cure the violation if the violation is uncontested or found 449 
committed. The person or entity named on the notice of violation shall 450 
file with the director a request for a hearing within ten calendar days 451 
after the date of the notice of violation. If the person or entity named on 452 
the notice of violation fails to timely request a hearing, the notice of 453 
violation shall be final and the daily penalty not to exceed one hundred 454 
thousand dollars shall accrue until the violation is cured. 455 
Sec. 6. (NEW) (Effective October 1, 2021) Either party may obtain 456 
judicial review in the superior court of the director's determination on a 457 
set of recommendations or an unfair labor practice final determination 458 
by filing a written petition requesting the order of the director be 459 
modified or set aside within fourteen days from the date of the director's 460 
determination. The director's final determination shall not be stayed 461 
pending judicial review unless a stay is ordered by the court. If review 462 
is not sought, the determination of the director shall be final and 463 
conclusive. 464 
Sec. 7. (NEW) (Effective October 1, 2021) If any part of sections 1 to 7, 465 
inclusive, of this act, or the application thereof to any person or 466 
circumstances, shall, for any reason, be adjudged by a court of 467 
competent jurisdiction to be invalid, such judgment shall not affect, 468 
impair, or invalidate the remainder of sections 1 to 7, inclusive, of this 469 
act, and the application thereof to other persons or circumstances, but 470 
shall be confined in its operation to part thereof directly involved in the 471 
controversy in which such judgment shall have been rendered and to 472  Raised Bill No.  1000 
 
 
 
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the person or circumstances involved. 473 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2021 New section 
Sec. 2 October 1, 2021 New section 
Sec. 3 October 1, 2021 New section 
Sec. 4 October 1, 2021 New section 
Sec. 5 October 1, 2021 New section 
Sec. 6 October 1, 2021 New section 
Sec. 7 October 1, 2021 New section 
 
Statement of Purpose:  
To allow for and protect the ability of transportation network company 
drivers and transportation network companies to negotiate terms that 
best meet the needs of the parties. 
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except 
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not 
underlined.]