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| 3 | 3 | | LCO No. 3745 1 of 16 |
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| 4 | 4 | | |
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| 5 | 5 | | General Assembly Raised Bill No. 1000 |
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| 6 | 6 | | January Session, 2021 |
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| 7 | 7 | | LCO No. 3745 |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | Referred to Committee on LABOR AND PUBLIC EMPLOYEES |
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| 11 | 11 | | |
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| 12 | 12 | | |
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| 13 | 13 | | Introduced by: |
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| 14 | 14 | | (LAB) |
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| 15 | 15 | | |
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| 16 | 16 | | |
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| 17 | 17 | | |
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| 18 | 18 | | |
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| 19 | 19 | | AN ACT CONCERNING TR ANSPORTATION NETWORK COMPANY |
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| 20 | 20 | | DRIVERS. |
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| 21 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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| 22 | 22 | | Assembly convened: |
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| 23 | 23 | | |
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| 24 | 24 | | Section 1. (NEW) (Effective October 1, 2021) As used in sections 1 to 7, 1 |
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| 25 | 25 | | inclusive, of this act, unless the context otherwise requires: 2 |
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| 26 | 26 | | (1) "Transportation network company" or "TNC" means a business, 3 |
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| 27 | 27 | | or group of businesses whose share of common ownership is greater 4 |
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| 28 | 28 | | than fifty per cent, that has hired, contracted with, partnered with, or 5 |
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| 29 | 29 | | maintained a contractual relationship or partnership with, fifty or more 6 |
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| 30 | 30 | | TNC drivers and that operates a web site or smartphone application 7 |
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| 31 | 31 | | from which a customer purchases, schedules or otherwise arranges for 8 |
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| 32 | 32 | | the transporting of passengers on trips that originate in this state; 9 |
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| 33 | 33 | | (2) "Transportation network company driver" or "TNC driver" means 10 |
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| 34 | 34 | | an individual who has been hired, contracted with, partnered with, or 11 |
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| 35 | 35 | | maintained a contractual relationship or partnership with, a TNC only 12 |
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| 36 | 36 | | to the extent that the TNC driver is transporting passengers on trips that 13 |
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| 37 | 37 | | originate in this state, arranged via a transportation network company, 14 |
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| 38 | 38 | | and for which such worker receives remuneration from such 15 Raised Bill No. 1000 |
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| 39 | 39 | | |
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| 40 | 40 | | |
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| 41 | 41 | | |
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| 42 | 42 | | LCO No. 3745 2 of 16 |
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| 43 | 43 | | |
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| 44 | 44 | | transportation director; 16 |
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| 45 | 45 | | (3) "Delivery network company" or "DNC" means a business or group 17 |
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| 46 | 46 | | of businesses whose share of common ownership is greater than fifty 18 |
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| 47 | 47 | | per cent, that has hired, contracted with, partnered with, or maintained 19 |
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| 48 | 48 | | a contractual relationship or partnership with fifty or more DNC drivers 20 |
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| 49 | 49 | | and that operates a web site or smartphone application from which a 21 |
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| 50 | 50 | | customer purchases, schedules or otherwise arranges for the DNC 22 |
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| 51 | 51 | | driver to transport ready-to-eat food on an on-demand basis for trips 23 |
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| 52 | 52 | | that originate in this state in response to an order placed by the end 24 |
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| 53 | 53 | | purchaser of food or other good; 25 |
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| 54 | 54 | | (4) "Delivery network company driver" or "DNC driver" means an 26 |
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| 55 | 55 | | individual who has been hired, contracted with, partnered with, or 27 |
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| 56 | 56 | | maintained a contractual relationship or partnership with, a DNC only 28 |
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| 57 | 57 | | to the extent that the DNC driver is transporting ready-to-eat food on 29 |
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| 58 | 58 | | trips that originate in this state, arranged via delivery network 30 |
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| 59 | 59 | | company, and for which such worker receives remuneration from such 31 |
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| 60 | 60 | | delivery network company; 32 |
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| 61 | 61 | | (5) "Network companies" include all transportation network 33 |
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| 62 | 62 | | companies and delivery network companies as defined in this section; 34 |
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| 63 | 63 | | (6) "Network workers" include all transportation network company 35 |
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| 64 | 64 | | drivers and delivery network company drivers as defined in this 36 |
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| 65 | 65 | | section; 37 |
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| 66 | 66 | | (7) "Union" means an organization certified by the director of the 38 |
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| 67 | 67 | | State Board of Labor Relations to represent, or that seeks to represent, 39 |
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| 68 | 68 | | network workers in a bargaining unit; 40 |
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| 69 | 69 | | (8) "Board" means the State Board of Labor Relations created 41 |
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| 70 | 70 | | pursuant to section 31-102 of the general statutes; 42 |
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| 71 | 71 | | (9) "Director" means the director of the State Board of Labor Relations; 43 |
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| 72 | 72 | | (10) "Collectively bargained recommendations" or "collectively 44 |
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| 73 | 73 | | bargained recommendations for the terms and conditions of work" 45 Raised Bill No. 1000 |
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| 74 | 74 | | |
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| 75 | 75 | | |
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| 76 | 76 | | |
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| 77 | 77 | | LCO No. 3745 3 of 16 |
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| 78 | 78 | | |
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| 79 | 79 | | means the recommended terms and conditions of work agreed upon 46 |
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| 80 | 80 | | collectively by the industry council; 47 |
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| 81 | 81 | | (11) "Binding terms and conditions of work" means the terms and 48 |
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| 82 | 82 | | conditions approved by the board regulating network companies and 49 |
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| 83 | 83 | | network workers, which are exempt from federal antitrust laws and 50 |
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| 84 | 84 | | which displace the compensation requirements of such laws with terms 51 |
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| 85 | 85 | | and conditions of network worker compensation and work conditions; 52 |
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| 86 | 86 | | (12) "Industry council" means the body comprised of member 53 |
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| 87 | 87 | | network companies, when network workers are represented by a 54 |
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| 88 | 88 | | representative union, and their respective representative unions; and 55 |
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| 89 | 89 | | (13) "Active network worker", with respect to a particular TNC or 56 |
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| 90 | 90 | | DNC, means a TNC driver or DNC driver who has performed one 57 |
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| 91 | 91 | | hundred twenty requests through the TNC's platform in the last ninety 58 |
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| 92 | 92 | | days. 59 |
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| 93 | 93 | | Sec. 2. (NEW) (Effective October 1, 2021) (a) Individuals who are 60 |
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| 94 | 94 | | network workers may organize without interference from their 61 |
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| 95 | 95 | | affiliated network company to seek the representation of an 62 |
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| 96 | 96 | | organization as described in this section to join the industry council and 63 |
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| 97 | 97 | | bargain on their behalf to create collectively bargained 64 |
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| 98 | 98 | | recommendations that may be approved by the board concerning the 65 |
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| 99 | 99 | | terms and conditions of work under which the network workers shall 66 |
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| 100 | 100 | | provide services throughout the sector. 67 |
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| 101 | 101 | | (b) Upon request by a union to a network company, such network 68 |
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| 102 | 102 | | company shall provide the director, not later than thirty days after the 69 |
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| 103 | 103 | | request, a system to directly contact all active network workers in the 70 |
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| 104 | 104 | | requested unit. The system shall allow for direct contact by the union, 71 |
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| 105 | 105 | | the director or another authorized user without the direct transfer or 72 |
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| 106 | 106 | | sharing of personally identifiable information, in accordance with the 73 |
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| 107 | 107 | | network company's privacy policy, and shall allow the director to 74 |
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| 108 | 108 | | confirm the total number of active network workers and the current 75 |
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| 109 | 109 | | active network worker status for each signed authorization card 76 |
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| 110 | 110 | | submitted by a union. If a network company fails to provide the director 77 Raised Bill No. 1000 |
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| 111 | 111 | | |
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| 112 | 112 | | |
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| 113 | 113 | | |
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| 114 | 114 | | LCO No. 3745 4 of 16 |
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| 115 | 115 | | |
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| 116 | 116 | | with credentials to access a system to directly contact network workers 78 |
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| 117 | 117 | | not later than thirty days after the union made its initial request, the 79 |
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| 118 | 118 | | director may issue a daily penalty not exceeding one hundred thousand 80 |
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| 119 | 119 | | dollars for each day the network company fails to cure such violation. If 81 |
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| 120 | 120 | | the network company provides the requested information as provided 82 |
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| 121 | 121 | | in this section, the director shall inform a requesting union of the 83 |
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| 122 | 122 | | number of active network workers for which it received information 84 |
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| 123 | 123 | | from the network company. 85 |
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| 124 | 124 | | (c) If a union provides the director with proof of interest from not less 86 |
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| 125 | 125 | | than ten per cent of the active network workers in a bargaining unit, the 87 |
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| 126 | 126 | | director shall supply the union with credentials to access the system to 88 |
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| 127 | 127 | | directly contact network workers it was provided by the director. Proof 89 |
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| 128 | 128 | | of interest shall be in the form of signed authorization cards, which may 90 |
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| 129 | 129 | | be in electronic form, and shall be calculated based on the number of 91 |
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| 130 | 130 | | active network workers the director included in the system. A union 92 |
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| 131 | 131 | | shall use the system to contact active network workers pursuant to this 93 |
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| 132 | 132 | | subsection for the sole purpose of contacting drivers to solicit their 94 |
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| 133 | 133 | | interest in being represented by the union. 95 |
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| 134 | 134 | | (d) If no union currently serves as the exclusive negotiating 96 |
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| 135 | 135 | | representative for an appropriate bargaining unit, a director may 97 |
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| 136 | 136 | | voluntarily recognize a union as a representative union of its network 98 |
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| 137 | 137 | | workers for the requested unit for the purpose of joining an industry 99 |
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| 138 | 138 | | council and commencing negotiations under this article, if that union 100 |
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| 139 | 139 | | provides to the director proof that ten per cent of the active network 101 |
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| 140 | 140 | | workers in the unit have shown their preference to have that union serve 102 |
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| 141 | 141 | | as their representative. Proof of interest shall be in the form of 103 |
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| 142 | 142 | | authorization cards, which may be in electronic form, signed and dated 104 |
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| 143 | 143 | | within the previous twelve months. 105 |
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| 144 | 144 | | (e) In order to become the exclusive representative, a union or 106 |
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| 145 | 145 | | representative union may present proof of interest from thirty per cent 107 |
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| 146 | 146 | | of active network workers in the unit, at which point the director shall 108 |
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| 147 | 147 | | hold an election to determine if the unit wishes to be represented by the 109 |
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| 148 | 148 | | union or representative union. Proof of interest shall be in the form of 110 Raised Bill No. 1000 |
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| 149 | 149 | | |
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| 150 | 150 | | |
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| 151 | 151 | | |
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| 152 | 152 | | LCO No. 3745 5 of 16 |
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| 153 | 153 | | |
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| 154 | 154 | | signed authorization cards, which may be in electronic form, and shall 111 |
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| 155 | 155 | | be calculated based on the number of active network workers for which 112 |
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| 156 | 156 | | the director provides access pursuant to this section. If a majority of all 113 |
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| 157 | 157 | | network workers in the bargaining unit who vote choose representation 114 |
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| 158 | 158 | | by the petitioning union, the director shall declare that the union is the 115 |
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| 159 | 159 | | exclusive representative union of the network workers. 116 |
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| 160 | 160 | | (f) In the event that a unit of network workers vote to reject union 117 |
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| 161 | 161 | | representation, a union shall wait not less than twelve months before 118 |
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| 162 | 162 | | seeking an election to become the exclusive representative of network 119 |
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| 163 | 163 | | workers in the same bargaining unit. 120 |
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| 164 | 164 | | (g) A network worker may file a petition with the director to request 121 |
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| 165 | 165 | | decertification of a representative union through the following 122 |
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| 166 | 166 | | procedures: (1) A decertification petition shall be received by the 123 |
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| 167 | 167 | | director not more than thirty days before the expiration of a binding set 124 |
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| 168 | 168 | | of terms and conditions of work reached pursuant to this section or not 125 |
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| 169 | 169 | | less than three years after the binding set of terms and conditions of 126 |
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| 170 | 170 | | work effective date, whichever is earlier; (2) a decertification petition 127 |
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| 171 | 171 | | shall be signed by not less than thirty per cent of the network workers 128 |
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| 172 | 172 | | in the bargaining unit; and (3) the signatures may be in electronic form 129 |
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| 173 | 173 | | and shall be dated within one year of the date that the petition is 130 |
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| 174 | 174 | | submitted. When a petition has been accepted by the director, the 131 |
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| 175 | 175 | | director shall issue notice to the director and the representative union of 132 |
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| 176 | 176 | | the decertification petition and promulgate a decertification date. The 133 |
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| 177 | 177 | | director shall have fourteen days from the decertification date to 134 |
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| 178 | 178 | | transmit a list of the members of the bargaining unit to the petitioners 135 |
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| 179 | 179 | | and the representative union. After receipt of a petition, the director 136 |
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| 180 | 180 | | shall determine if the signatures are sufficient to hold an election to 137 |
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| 181 | 181 | | decertify the representative union for that particular director or declare 138 |
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| 182 | 182 | | that the decertification petition did not meet the threshold and reaffirm 139 |
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| 183 | 183 | | that the representative union shall continue representing the bargaining 140 |
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| 184 | 184 | | unit. To decertify the representative union, a majority of the voting 141 |
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| 185 | 185 | | members of the bargaining unit shall vote for such decertification. If a 142 |
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| 186 | 186 | | union is decertified for a particular director, a union may establish or 143 |
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| 187 | 187 | | reestablish exclusive negotiating representative status. 144 Raised Bill No. 1000 |
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| 188 | 188 | | |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LCO No. 3745 6 of 16 |
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| 192 | 192 | | |
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| 193 | 193 | | Sec. 3. (NEW) (Effective October 1, 2021) (a) Following certification by 145 |
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| 194 | 194 | | the director of a voluntary or an exclusive representative, a director and 146 |
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| 195 | 195 | | the representative union shall form or, if the industry council has 147 |
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| 196 | 196 | | already been formed, join the industry council for the purpose of 148 |
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| 197 | 197 | | sectoral bargaining. Upon reaching a threshold of at least eighteen 149 |
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| 198 | 198 | | thousand active network workers, the industry council shall meet and 150 |
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| 199 | 199 | | negotiate in good faith to create a set of collectively negotiated 151 |
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| 200 | 200 | | recommendations concerning the terms and conditions of work for all 152 |
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| 201 | 201 | | network workers in the industry council. 153 |
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| 202 | 202 | | (b) A director may be eligible to become a member of the industry 154 |
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| 203 | 203 | | council, if it contracts with at least: (1) Five thousand network workers 155 |
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| 204 | 204 | | on average each day; or (2) ten per cent of total active network workers 156 |
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| 205 | 205 | | in the state. 157 |
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| 206 | 206 | | (c) Each industry council director member may participate in the 158 |
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| 207 | 207 | | negotiation process with the representative union members on the 159 |
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| 208 | 208 | | council. Each director on the industry council shall exercise one vote. 160 |
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| 209 | 209 | | Each representative union representing a bargaining unit shall exercise 161 |
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| 210 | 210 | | votes in proportion to the amount of money sent to the nonprofit from 162 |
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| 211 | 211 | | the director of the representative union's bargaining unit. 163 |
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| 212 | 212 | | (d) Industry councils shall be formed as tax-exempt organizations for 164 |
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| 213 | 213 | | purposes of collective negotiations, administration of community-based 165 |
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| 214 | 214 | | job access programs, and any other functions necessary to carry out the 166 |
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| 215 | 215 | | provisions of sections 1 to 7, inclusive, of this act. Each industry council 167 |
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| 216 | 216 | | shall form committees or related nonprofit entities as needed for 168 |
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| 217 | 217 | | purposes of administration of benefits to network workers and 169 |
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| 218 | 218 | | community-based job access programs, and any other functions 170 |
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| 219 | 219 | | necessary to carry out the provisions of sections 1 to 7, inclusive, of this 171 |
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| 220 | 220 | | act. Representation on the governing board of any committee or related 172 |
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| 221 | 221 | | nonprofit entity, except for the nonprofit entity established to 173 |
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| 222 | 222 | | administer benefits for network workers or for representative union 174 |
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| 223 | 223 | | service fees shall include equal representation by both network 175 |
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| 224 | 224 | | companies and representative unions unless otherwise specified or 176 |
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| 225 | 225 | | agreed to by the parties. Voting threshold to approve measures by a 177 Raised Bill No. 1000 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | |
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| 229 | 229 | | LCO No. 3745 7 of 16 |
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| 230 | 230 | | |
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| 231 | 231 | | committee or related nonprofit entity shall be sixty per cent of the votes 178 |
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| 232 | 232 | | from network companies and sixty per cent of the votes from 179 |
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| 233 | 233 | | representative unions unless otherwise specified or agreed to by the 180 |
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| 234 | 234 | | parties. 181 |
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| 235 | 235 | | (e) As a condition of membership in the industry council, in addition 182 |
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| 236 | 236 | | to complying with any terms and conditions of work made binding by 183 |
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| 237 | 237 | | the director, the director shall agree to collect a surcharge on each trip 184 |
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| 238 | 238 | | or delivery facilitated by the director for the network workers of the 185 |
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| 239 | 239 | | bargaining unit in an amount not less than six per cent but not more 186 |
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| 240 | 240 | | than twelve per cent of the transaction, the amount of which shall be 187 |
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| 241 | 241 | | determined as part of the binding terms and conditions of work, to pay 188 |
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| 242 | 242 | | for benefits, the functions of the representative unions and worker 189 |
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| 243 | 243 | | training programs. The funding required by this section shall not come 190 |
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| 244 | 244 | | from or be deducted or drawn from network workers' earnings. On a 191 |
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| 245 | 245 | | monthly basis network companies shall remit the required funds to be 192 |
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| 246 | 246 | | used as follows: The remainder of the funding percentage shall be used 193 |
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| 247 | 247 | | to fund portable benefit accounts for the network workers in the 194 |
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| 248 | 248 | | bargaining units. The administration of portable benefit accounts and 195 |
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| 249 | 249 | | related funds, including the choice of providers, shall be performed by 196 |
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| 250 | 250 | | a single nonprofit entity serving all of the industry councils in the state 197 |
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| 251 | 251 | | and established for that purpose. Each representative union on the 198 |
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| 252 | 252 | | industry council shall also serve on the board of the nonprofit 199 |
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| 253 | 253 | | established to administer benefits and shall exercise votes in proportion 200 |
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| 254 | 254 | | to the amount of money sent to the nonprofit from the director of the 201 |
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| 255 | 255 | | representative union's bargaining unit. 202 |
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| 256 | 256 | | (f) One per cent of the funding percentage shall go to funding 203 |
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| 257 | 257 | | community-based job readiness, skills training, paid internships and 204 |
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| 258 | 258 | | programs, to be performed by a subcommittee of the industry council. 205 |
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| 259 | 259 | | (g) Representative union network companies shall remit one per cent 206 |
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| 260 | 260 | | of the funding percentage on a monthly basis to the representative 207 |
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| 261 | 261 | | union. The unions shall use those allocated funds to provide 208 |
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| 262 | 262 | | representation, training benefits and services for their members. 209 Raised Bill No. 1000 |
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| 263 | 263 | | |
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| 264 | 264 | | |
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| 265 | 265 | | |
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| 266 | 266 | | LCO No. 3745 8 of 16 |
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| 267 | 267 | | |
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| 268 | 268 | | (h) Written affirmation that the director will not unilaterally prescribe 210 |
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| 269 | 269 | | specific dates, times of day, or a minimum number of dispatches a 211 |
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| 270 | 270 | | network worker shall accept or minimum number of hours during 212 |
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| 271 | 271 | | which the network worker shall be logged into the network company's 213 |
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| 272 | 272 | | online-enabled application, along with written affirmation that the 214 |
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| 273 | 273 | | director will not require the network worker to accept any specific 215 |
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| 274 | 274 | | service request as a condition of maintaining access to the director's 216 |
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| 275 | 275 | | online-enabled application or platform, and written affirmation that the 217 |
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| 276 | 276 | | director will not restrict the network worker from performing services 218 |
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| 277 | 277 | | through other network companies, except during engaged time. 219 |
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| 278 | 278 | | (i) A director representative with the appropriate authority shall meet 220 |
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| 279 | 279 | | on not less than a quarterly basis with a representative group of network 221 |
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| 280 | 280 | | workers to discuss any issues of concern to network workers including, 222 |
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| 281 | 281 | | but not limited to, efficiency, safety, communication, best practices and 223 |
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| 282 | 282 | | clarification of the director's policies. Such council meetings are not 224 |
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| 283 | 283 | | bargaining sessions and there shall not be a mandatory duty to agree. 225 |
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| 284 | 284 | | (j) As a condition of membership in the industry council, network 226 |
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| 285 | 285 | | companies and representative unions shall agree to: (1) Publish social 227 |
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| 286 | 286 | | equity policies aimed at eliminating racial bias in hiring, training, 228 |
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| 287 | 287 | | promotion, services and resource allocation; including annually 229 |
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| 288 | 288 | | publishing data identifying the percentage of the organization's 230 |
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| 289 | 289 | | governing board, executives and employees that are people of color; (2) 231 |
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| 290 | 290 | | prioritize the use of community financial institutions, minority financial 232 |
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| 291 | 291 | | institutions and minority asset managers for administration of benefit 233 |
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| 292 | 292 | | funds; (3) prioritize local news organizations, including community, 234 |
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| 293 | 293 | | hyperlocal, in-language newspaper organizations in contracts or 235 |
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| 294 | 294 | | subcontracts for the placement of all marketing and outreach 236 |
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| 295 | 295 | | advertising services. 237 |
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| 296 | 296 | | (k) Terms and conditions of work based on the recommendations 238 |
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| 297 | 297 | | negotiated pursuant to this section and approved by the director shall 239 |
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| 298 | 298 | | be of not more than four years' duration. Terms and conditions of work 240 |
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| 299 | 299 | | shall include the rate of payment to network workers and may include 241 |
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| 300 | 300 | | consideration of network workers' costs of taxes, expenses, wait time, 242 Raised Bill No. 1000 |
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| 301 | 301 | | |
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| 302 | 302 | | |
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| 303 | 303 | | |
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| 304 | 304 | | LCO No. 3745 9 of 16 |
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| 305 | 305 | | |
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| 306 | 306 | | and other appropriate considerations such that the resulting rate of pay 243 |
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| 307 | 307 | | for engaged time is not lower than any applicable state or local laws 244 |
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| 308 | 308 | | governing the rate of pay of those network workers that are in effect on 245 |
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| 309 | 309 | | the effective date of this section. 246 |
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| 310 | 310 | | (l) Nothing in this section shall be construed to preclude network 247 |
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| 311 | 311 | | companies from compensating network workers above the minimum 248 |
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| 312 | 312 | | rates established through binding terms and conditions of work. Each 249 |
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| 313 | 313 | | director shall retain exclusive rights to determine the products, product 250 |
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| 314 | 314 | | features, proprietary software algorithms and other systems and 251 |
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| 315 | 315 | | processes that enable compliance with this section and the other terms 252 |
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| 316 | 316 | | and conditions of work included pursuant to this section. 253 |
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| 317 | 317 | | (m) Portable benefits to be funded by the amounts required under 254 |
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| 318 | 318 | | this section and offered through the nonprofit entity offered network 255 |
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| 319 | 319 | | workers through binding terms and conditions of work shall include 256 |
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| 320 | 320 | | both universal benefits that attach to each network worker regardless of 257 |
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| 321 | 321 | | which director they contract with or how much they work and 258 |
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| 322 | 322 | | individual benefit accounts, which may include benefits tied to amount 259 |
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| 323 | 323 | | of work performed for one or more network companies. 260 |
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| 324 | 324 | | (n) Universal benefits offered shall include workplace injury 261 |
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| 325 | 325 | | protection in the form of occupational accident coverage or other 262 |
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| 326 | 326 | | insurance coverage for network workers equal to benefits of such type 263 |
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| 327 | 327 | | provided by existing workers compensation law. 264 |
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| 328 | 328 | | (o) Individual benefit accounts for eligible workers, in which funds 265 |
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| 329 | 329 | | may be deposited, may be used for specific purposes to be determined, 266 |
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| 330 | 330 | | such as paid time off, retirement savings, health care premiums or other 267 |
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| 331 | 331 | | benefits agreed to by the parties. 268 |
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| 332 | 332 | | (p) Minimum health and safety standards shall be established, 269 |
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| 333 | 333 | | including training requirements, protocols and procedures necessary to 270 |
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| 334 | 334 | | provide safe and sanitary transportation services and a safe workplace 271 |
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| 335 | 335 | | environment for network workers. 272 |
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| 336 | 336 | | (q) A written affirmation of antidiscrimination rights shall be 273 Raised Bill No. 1000 |
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| 337 | 337 | | |
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| 338 | 338 | | |
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| 339 | 339 | | |
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| 340 | 340 | | LCO No. 3745 10 of 16 |
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| 341 | 341 | | |
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| 342 | 342 | | provided to network workers. Such rights shall be no less restrictive 274 |
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| 343 | 343 | | upon the director than the antidiscrimination laws of this state. 275 |
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| 344 | 344 | | (r) Written affirmation of due process rights shall be provided to 276 |
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| 345 | 345 | | network workers, including the right to representation, dispute 277 |
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| 346 | 346 | | resolution and a deactivation appeals process which allows drivers to 278 |
|---|
| 347 | 347 | | expeditiously resolve complaints and disputes regarding their 279 |
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| 348 | 348 | | suitability or eligibility to drive. 280 |
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| 349 | 349 | | (s) (1) If the industry council members reach agreement on a set of 281 |
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| 350 | 350 | | recommendations, they shall reduce such recommendations to writing 282 |
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| 351 | 351 | | and submit them to a vote conducted by the representative unions of 283 |
|---|
| 352 | 352 | | the network workers of the industry council. In the case of the first 284 |
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| 353 | 353 | | election of an industry council concerning recommended terms and 285 |
|---|
| 354 | 354 | | conditions of work, the election shall determine if a majority of the 286 |
|---|
| 355 | 355 | | voting active network workers in the industry council support the 287 |
|---|
| 356 | 356 | | recommended terms and conditions of work. If the voters reject the 288 |
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| 357 | 357 | | recommendations, or if the director finds the recommendations 289 |
|---|
| 358 | 358 | | noncompliant, at the representative unions' request, the parties are 290 |
|---|
| 359 | 359 | | obliged to resume negotiating to reach an agreement that they believe 291 |
|---|
| 360 | 360 | | will address the director's concerns and the concerns of the voting 292 |
|---|
| 361 | 361 | | workers, and submit new collectively negotiated recommendations to 293 |
|---|
| 362 | 362 | | the members as set forth above. If the industry council members 294 |
|---|
| 363 | 363 | | negotiate to impasse and fail to reach agreement on a set of 295 |
|---|
| 364 | 364 | | recommendations within five months of being certified by the director 296 |
|---|
| 365 | 365 | | or within two months of the end of the previous director-approved 297 |
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| 366 | 366 | | binding terms and conditions of work, either the network companies or 298 |
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| 367 | 367 | | the representative union may submit their dispute to interest 299 |
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| 368 | 368 | | arbitration. A majority of the director votes, measured in proportion to 300 |
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| 369 | 369 | | the number of network workers it represents, relative to all workers 301 |
|---|
| 370 | 370 | | represented in the industry council shall be required to submit the 302 |
|---|
| 371 | 371 | | dispute to interest arbitration. 303 |
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| 372 | 372 | | (2) In order for the representative unions to submit the dispute to 304 |
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| 373 | 373 | | interest arbitration, the representative unions shall hold an election and 305 |
|---|
| 374 | 374 | | may only submit the dispute if a majority of the voters in the industry 306 Raised Bill No. 1000 |
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| 375 | 375 | | |
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| 376 | 376 | | |
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| 377 | 377 | | |
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| 378 | 378 | | LCO No. 3745 11 of 16 |
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| 379 | 379 | | |
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| 380 | 380 | | council agree. The goal of interest arbitration shall be to create a new set 307 |
|---|
| 381 | 381 | | of recommendations to be presented to the director for approval. The 308 |
|---|
| 382 | 382 | | interest arbitrator shall be selected by mutual agreement of the network 309 |
|---|
| 383 | 383 | | companies and representative unions in the industry council. If the 310 |
|---|
| 384 | 384 | | network companies and representative unions in the industry council 311 |
|---|
| 385 | 385 | | cannot agree, then the arbitrator shall be determined as follows: (A) 312 |
|---|
| 386 | 386 | | From a list of seven arbitrators with experience in labor disputes or 313 |
|---|
| 387 | 387 | | interest arbitration designated by the American Arbitration Association, 314 |
|---|
| 388 | 388 | | the side requesting arbitration shall strike a name; (B) thereafter, the 315 |
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| 389 | 389 | | other side shall strike a name; (C) the process shall continue until one 316 |
|---|
| 390 | 390 | | name remains, and that person shall be the arbitrator; (D) the cost of the 317 |
|---|
| 391 | 391 | | interest arbitration shall be divided between the parties proportionally, 318 |
|---|
| 392 | 392 | | as a proportion each bargaining unit generates of the surcharge in this 319 |
|---|
| 393 | 393 | | section; (E) the interest arbitrator shall propose the most fair and 320 |
|---|
| 394 | 394 | | reasonable set of recommendations concerning subjects specified in 321 |
|---|
| 395 | 395 | | terms and conditions promulgated by the director that furthers the 322 |
|---|
| 396 | 396 | | provision of safe, reliable, and economical services, the well-being of the 323 |
|---|
| 397 | 397 | | network workers, and the policy goals set forth in this article; and (F) 324 |
|---|
| 398 | 398 | | the term of any recommended terms and conditions of work proposed 325 |
|---|
| 399 | 399 | | by the interest arbitrator and approved by the director shall not exceed 326 |
|---|
| 400 | 400 | | two years. In proposing recommendations, the interest arbitrator shall 327 |
|---|
| 401 | 401 | | consider the following criteria: (i) Any stipulations of the parties; (ii) the 328 |
|---|
| 402 | 402 | | cost of expenses incurred by network workers, such as fuel, wear and 329 |
|---|
| 403 | 403 | | tear on equipment, and insurance; (iii) the safety and equipment 330 |
|---|
| 404 | 404 | | standards and rules applicable to other persons, whether employees or 331 |
|---|
| 405 | 405 | | independent contractors, employed doing similar work in this state and 332 |
|---|
| 406 | 406 | | its environs, as well as other comparable states; (iv) the director's 333 |
|---|
| 407 | 407 | | financial condition and need to ensure a reasonable return on 334 |
|---|
| 408 | 408 | | investment and profit; (v) any other factors that are normally or 335 |
|---|
| 409 | 409 | | traditionally taken into consideration in the determination of wages, 336 |
|---|
| 410 | 410 | | hours, safety and equipment standards, rules and conditions of work; 337 |
|---|
| 411 | 411 | | and (vi) the state's interest in promoting the provision of safe, reliable, 338 |
|---|
| 412 | 412 | | and economical services and otherwise advancing the public policy 339 |
|---|
| 413 | 413 | | goals set forth in this article. 340 Raised Bill No. 1000 |
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| 414 | 414 | | |
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| 415 | 415 | | |
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| 416 | 416 | | |
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| 417 | 417 | | LCO No. 3745 12 of 16 |
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| 418 | 418 | | |
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| 419 | 419 | | (3) The arbitrator shall transmit the proposed recommendations to 341 |
|---|
| 420 | 420 | | the director with a written report that sets forth the basis for the 342 |
|---|
| 421 | 421 | | arbitrator's resolution of any disputed issues. 343 |
|---|
| 422 | 422 | | (4) Either party may challenge the proposed recommendations not 344 |
|---|
| 423 | 423 | | later than ten days after the interest arbitrator releases their 345 |
|---|
| 424 | 424 | | recommendations on the following grounds: (A) That the interest 346 |
|---|
| 425 | 425 | | arbitrator was biased, (B) that the interest arbitrator exceeded his or her 347 |
|---|
| 426 | 426 | | authority, or (C) that a provision of the proposed agreement is arbitrary 348 |
|---|
| 427 | 427 | | and capricious. In the event of such a challenge, the director will provide 349 |
|---|
| 428 | 428 | | notice to the parties, allow them the opportunity to be heard, and shall 350 |
|---|
| 429 | 429 | | make a determination as to whether any of the challenges asserted 351 |
|---|
| 430 | 430 | | should be sustained. 352 |
|---|
| 431 | 431 | | (5) During the term of any binding terms and conditions of work, the 353 |
|---|
| 432 | 432 | | parties may discuss additional terms and, if agreement on any 354 |
|---|
| 433 | 433 | | additional recommendations are reached, shall submit proposed 355 |
|---|
| 434 | 434 | | recommendations to a vote of the network workers of the industry 356 |
|---|
| 435 | 435 | | council conducted by the representative unions, and to the director, 357 |
|---|
| 436 | 436 | | which shall consider the proposed recommendations in accordance 358 |
|---|
| 437 | 437 | | with the procedures and standards set forth in section 4 of this act. No 359 |
|---|
| 438 | 438 | | proposed recommendations shall go into effect until the 360 |
|---|
| 439 | 439 | | recommendations have been approved by both the vote of the network 361 |
|---|
| 440 | 440 | | workers and the director. 362 |
|---|
| 441 | 441 | | (t) Not less than ninety days before the expiration of the term of any 363 |
|---|
| 442 | 442 | | binding terms and conditions of work, the parties shall meet to negotiate 364 |
|---|
| 443 | 443 | | a new set of recommendations. 365 |
|---|
| 444 | 444 | | Sec. 4. (NEW) (Effective October 1, 2021) (a) If the network workers in 366 |
|---|
| 445 | 445 | | an industry council approve a set of collectively negotiated 367 |
|---|
| 446 | 446 | | recommendations, or an interest arbitrator proposes recommendations 368 |
|---|
| 447 | 447 | | in accordance with sections 1 to 7, inclusive, of this act, the 369 |
|---|
| 448 | 448 | | recommendations shall be submitted to the director for review and 370 |
|---|
| 449 | 449 | | certification. 371 |
|---|
| 450 | 450 | | (b) The director shall review the recommendations to ensure that they 372 Raised Bill No. 1000 |
|---|
| 451 | 451 | | |
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| 452 | 452 | | |
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| 453 | 453 | | |
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| 454 | 454 | | LCO No. 3745 13 of 16 |
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| 455 | 455 | | |
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| 456 | 456 | | satisfy the minimum requirements and purposes set forth in section 3 of 373 |
|---|
| 457 | 457 | | this act and advance the public policy goals set forth in sections 1 to 7, 374 |
|---|
| 458 | 458 | | inclusive, of this act, including promotion of the well-being of the 375 |
|---|
| 459 | 459 | | network workers and the provision of safe, reliable and economical 376 |
|---|
| 460 | 460 | | services. 377 |
|---|
| 461 | 461 | | (c) In conducting a review, the record shall not be limited to the 378 |
|---|
| 462 | 462 | | submissions of the parties nor to the terms of the proposed 379 |
|---|
| 463 | 463 | | recommendations. The director shall have the right to gather and 380 |
|---|
| 464 | 464 | | consider any necessary evidence, including by conducting public 381 |
|---|
| 465 | 465 | | hearings and requesting additional information from the parties. 382 |
|---|
| 466 | 466 | | Following the review, the director shall notify the parties of the 383 |
|---|
| 467 | 467 | | determination in writing, and shall include in the notification a written 384 |
|---|
| 468 | 468 | | explanation of all conclusions. Absent good cause, the director shall 385 |
|---|
| 469 | 469 | | issue the determination of compliance not later than sixty days after the 386 |
|---|
| 470 | 470 | | receipt of collectively negotiated recommendations. If the director finds 387 |
|---|
| 471 | 471 | | the recommendations compliant, the recommendations shall be binding 388 |
|---|
| 472 | 472 | | on all network companies and network workers in the state. If the 389 |
|---|
| 473 | 473 | | director determines that the recommendations are not compliant, he or 390 |
|---|
| 474 | 474 | | she shall declare such and provide a statement of reasons why they have 391 |
|---|
| 475 | 475 | | rejected the recommendations, and, at the director's discretion, may 392 |
|---|
| 476 | 476 | | suggest ways the parties may remedy such noncompliance. 393 |
|---|
| 477 | 477 | | (d) During the term of any binding terms and conditions of work, the 394 |
|---|
| 478 | 478 | | director shall have an ongoing supervisory role to ensure that their 395 |
|---|
| 479 | 479 | | implementation satisfies the minimum requirements and purposes set 396 |
|---|
| 480 | 480 | | forth in section 3 of this act and advances the public policy goals set forth 397 |
|---|
| 481 | 481 | | in sections 1 to 7, inclusive, of this act, including promotion of the well-398 |
|---|
| 482 | 482 | | being of the network workers and providing economical services. The 399 |
|---|
| 483 | 483 | | director shall have the authority to withdraw approval of the 400 |
|---|
| 484 | 484 | | recommendations if the director determines that the recommended 401 |
|---|
| 485 | 485 | | terms and conditions no longer adhere to the provisions of this section 402 |
|---|
| 486 | 486 | | or that they no longer promote the provision of safe, reliable, and 403 |
|---|
| 487 | 487 | | economical services and the public policy goals set forth in sections 1 to 404 |
|---|
| 488 | 488 | | 7, inclusive, of this act. The director may withdraw approval only after 405 |
|---|
| 489 | 489 | | providing the parties with written notice of the proposed withdrawal of 406 Raised Bill No. 1000 |
|---|
| 490 | 490 | | |
|---|
| 491 | 491 | | |
|---|
| 492 | 492 | | |
|---|
| 493 | 493 | | LCO No. 3745 14 of 16 |
|---|
| 494 | 494 | | |
|---|
| 495 | 495 | | approval, the grounds therefore, and an opportunity to be heard 407 |
|---|
| 496 | 496 | | regarding the proposed withdrawal. The director's withdrawal of 408 |
|---|
| 497 | 497 | | approval shall be effective only upon the issuance of a written 409 |
|---|
| 498 | 498 | | explanation of the reasons why the approved terms and conditions no 410 |
|---|
| 499 | 499 | | longer adhere to the provisions of sections 1 to 7, inclusive, of this act or 411 |
|---|
| 500 | 500 | | no longer further the provision of safe, reliable, and economical for-hire 412 |
|---|
| 501 | 501 | | transportation services or the public policy goals set forth in sections 1 413 |
|---|
| 502 | 502 | | to 7, inclusive, of this act. If the director withdraws approval of an 414 |
|---|
| 503 | 503 | | existing set of binding terms and conditions of work, the parties may 415 |
|---|
| 504 | 504 | | submit a new set of agreed-upon recommendations for consideration 416 |
|---|
| 505 | 505 | | not later than three months after such withdrawal of approval. 417 |
|---|
| 506 | 506 | | Sec. 5. (NEW) (Effective October 1, 2021) (a) A director or its agent, 418 |
|---|
| 507 | 507 | | designee, employee, or any person or group of persons acting directly 419 |
|---|
| 508 | 508 | | or indirectly in the interest of the director in relation to their network 420 |
|---|
| 509 | 509 | | workers shall not: (1) Refuse to negotiate in good faith with a 421 |
|---|
| 510 | 510 | | representative union to create an agreed upon set of recommended 422 |
|---|
| 511 | 511 | | terms and conditions of work in connection with the director or refuse 423 |
|---|
| 512 | 512 | | to reduce to writing and sign the negotiated recommendations; (2) fail 424 |
|---|
| 513 | 513 | | to provide the director with a system to directly contact all network 425 |
|---|
| 514 | 514 | | workers in the requested unit within thirty days of the request by a 426 |
|---|
| 515 | 515 | | union to the director; (3) dominate or interfere with the formation, 427 |
|---|
| 516 | 516 | | existence or administration of an organization representing, or seeking 428 |
|---|
| 517 | 517 | | to represent, their network workers; (4) interfere with, restrain, coerce, 429 |
|---|
| 518 | 518 | | discharge or otherwise discriminate against any network worker in the 430 |
|---|
| 519 | 519 | | exercise of the rights provided to the network worker by sections 1 to 7, 431 |
|---|
| 520 | 520 | | inclusive, of this act, or by any other provision of the laws of this state; 432 |
|---|
| 521 | 521 | | or (5) offer to provide money or anything of value to any network 433 |
|---|
| 522 | 522 | | worker with the intent of encouraging that network worker to exercise, 434 |
|---|
| 523 | 523 | | or to refrain from exercising, their rights under sections 1 to 7, inclusive, 435 |
|---|
| 524 | 524 | | of this act. 436 |
|---|
| 525 | 525 | | (b) The director shall have complete authority to enforce the 437 |
|---|
| 526 | 526 | | requirements of this section. 438 |
|---|
| 527 | 527 | | (c) An investigation by the director of alleged violations of the 439 Raised Bill No. 1000 |
|---|
| 528 | 528 | | |
|---|
| 529 | 529 | | |
|---|
| 530 | 530 | | |
|---|
| 531 | 531 | | LCO No. 3745 15 of 16 |
|---|
| 532 | 532 | | |
|---|
| 533 | 533 | | provisions of this section shall include such investigatory techniques as 440 |
|---|
| 534 | 534 | | deemed necessary pursuant to conditions adopted by the director. 441 |
|---|
| 535 | 535 | | (d) If the director finds reasonable cause to believe an unfair labor 442 |
|---|
| 536 | 536 | | practice has been committed, they shall issue a notice stating that: (1) 443 |
|---|
| 537 | 537 | | The director found reasonable cause to believe a violation has been 444 |
|---|
| 538 | 538 | | committed and shall be remedied; (2) the person or entity allegedly in 445 |
|---|
| 539 | 539 | | violation of the section is entitled to a hearing before the director to 446 |
|---|
| 540 | 540 | | present evidence to the contrary; and (3) a daily penalty not to exceed 447 |
|---|
| 541 | 541 | | one hundred thousand dollars shall accrue for every day the violator 448 |
|---|
| 542 | 542 | | fails to cure the violation if the violation is uncontested or found 449 |
|---|
| 543 | 543 | | committed. The person or entity named on the notice of violation shall 450 |
|---|
| 544 | 544 | | file with the director a request for a hearing within ten calendar days 451 |
|---|
| 545 | 545 | | after the date of the notice of violation. If the person or entity named on 452 |
|---|
| 546 | 546 | | the notice of violation fails to timely request a hearing, the notice of 453 |
|---|
| 547 | 547 | | violation shall be final and the daily penalty not to exceed one hundred 454 |
|---|
| 548 | 548 | | thousand dollars shall accrue until the violation is cured. 455 |
|---|
| 549 | 549 | | Sec. 6. (NEW) (Effective October 1, 2021) Either party may obtain 456 |
|---|
| 550 | 550 | | judicial review in the superior court of the director's determination on a 457 |
|---|
| 551 | 551 | | set of recommendations or an unfair labor practice final determination 458 |
|---|
| 552 | 552 | | by filing a written petition requesting the order of the director be 459 |
|---|
| 553 | 553 | | modified or set aside within fourteen days from the date of the director's 460 |
|---|
| 554 | 554 | | determination. The director's final determination shall not be stayed 461 |
|---|
| 555 | 555 | | pending judicial review unless a stay is ordered by the court. If review 462 |
|---|
| 556 | 556 | | is not sought, the determination of the director shall be final and 463 |
|---|
| 557 | 557 | | conclusive. 464 |
|---|
| 558 | 558 | | Sec. 7. (NEW) (Effective October 1, 2021) If any part of sections 1 to 7, 465 |
|---|
| 559 | 559 | | inclusive, of this act, or the application thereof to any person or 466 |
|---|
| 560 | 560 | | circumstances, shall, for any reason, be adjudged by a court of 467 |
|---|
| 561 | 561 | | competent jurisdiction to be invalid, such judgment shall not affect, 468 |
|---|
| 562 | 562 | | impair, or invalidate the remainder of sections 1 to 7, inclusive, of this 469 |
|---|
| 563 | 563 | | act, and the application thereof to other persons or circumstances, but 470 |
|---|
| 564 | 564 | | shall be confined in its operation to part thereof directly involved in the 471 |
|---|
| 565 | 565 | | controversy in which such judgment shall have been rendered and to 472 Raised Bill No. 1000 |
|---|
| 566 | 566 | | |
|---|
| 567 | 567 | | |
|---|
| 568 | 568 | | |
|---|
| 569 | 569 | | LCO No. 3745 16 of 16 |
|---|
| 570 | 570 | | |
|---|
| 571 | 571 | | the person or circumstances involved. 473 |
|---|
| 572 | 572 | | This act shall take effect as follows and shall amend the following |
|---|
| 573 | 573 | | sections: |
|---|
| 574 | 574 | | |
|---|
| 575 | 575 | | Section 1 October 1, 2021 New section |
|---|
| 576 | 576 | | Sec. 2 October 1, 2021 New section |
|---|
| 577 | 577 | | Sec. 3 October 1, 2021 New section |
|---|
| 578 | 578 | | Sec. 4 October 1, 2021 New section |
|---|
| 579 | 579 | | Sec. 5 October 1, 2021 New section |
|---|
| 580 | 580 | | Sec. 6 October 1, 2021 New section |
|---|
| 581 | 581 | | Sec. 7 October 1, 2021 New section |
|---|
| 582 | 582 | | |
|---|
| 583 | 583 | | Statement of Purpose: |
|---|
| 584 | 584 | | To allow for and protect the ability of transportation network company |
|---|
| 585 | 585 | | drivers and transportation network companies to negotiate terms that |
|---|
| 586 | 586 | | best meet the needs of the parties. |
|---|
| 587 | 587 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
|---|
| 588 | 588 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
|---|
| 589 | 589 | | underlined.] |
|---|
| 590 | 590 | | |
|---|