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HOUSE . . . . . . . . . . . . . . . No. 4253
The Commonwealth of Massachusetts
——————
INITIATIVE PETITION OF ROXANA LORENA RIVERA AND OTHERS
OFFICE OF THE SECRETARY.
BOSTON, JANUARY 16, 2024.
Steven T. James
Clerk of the House of Representatives
State House
Boston, Massachusetts 02133
Sir: — I herewith transmit to you, in accordance with the
requirements of Article XLVIII of the Amendments to the Constitution an
initiative petition for “An Act Giving Transportation Network Drivers the
Option to Form a Union and Bargain Collectively,” signed by ten qualified
voters and filed with this department on or before December 6, 2023, together
with additional signatures of qualified voters in the number of 83,788, being a
sufficient number to comply with the Provisions of said Article.
Sincerely,
WILLIAM FRANCIS GALVIN
Secretary of the Commonwealth.
AN INITIATIVE PETITION.
Pursuant to Article XLVIII of the Amendments to the Constitution of the
Commonwealth, as amended, the undersigned qualified voters of the
Commonwealth, ten in number at least, hereby petition for the enactment into
law of the following measure: 2 of 31
FILED ON: 1/23/2024
HOUSE . . . . . . . . . . . . . . . No. 4253
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act giving transportation network drivers the option to form a union and bargain collectively.
Be it enacted by the People, and by their authority, as follows:
1 This Act, which adds Chapter 150F to the General Laws, creates the opportunity for
2workers in the digital transportation industry to form transportation network driver organizations
3and to negotiate on an industry-wide basis with companies in this industry on recommendations
4to the commonwealth that raise standards for the terms and conditions of work in this industry.
5There shall be a new Chapter 1SOF that shall provide as follows:
6 Section 1. Findings and policy.
7 A. The commonwealth of Massachusetts recognizes that technological advancement
8has generated new "digital marketplaces" in the transportation sector, in which companies
9connect, through electronic media, customers seeking passenger transportation services to
10persons willing to supply that transportation service. These persons often suffer poor pay,
11inadequate health coverage, and irregular or inadequate working hours. It is hereby declared that
12the best interests of the commonwealth are served by providing transportation network drivers
13the opportunity to self-organize and designate representatives of their own choosing, and to
14bargain collectively in order to obtain sustainable wages, benefits and working conditions, 3 of 31
15subject to approval and ongoing supervision by the commonwealth. It is further declared that the
16best interests of the commonwealth are served by the prevention or prompt resolution of disputes
17between rideshare network companies and the persons who supply the labor to effectuate those
18services. This chapter shall be deemed an exercise of the police power of the commonwealth,
19and shall be liberally construed for the accomplishment of its purposes.
20 B. For the reasons set forth in subdivision A, it is the public policy of the
21commonwealth to displace competition with regulation of the terms and conditions of work for
22transportation network drivers set forth herein; and, consistent with this policy, to exempt from
23federal and commonwealth antitrust laws, the formation of transportation network driver
24organizations and multi-company associations for the purposes of collective bargaining between
25transportation network companies and transportation network drivers on an industry-wide basis,
26and to supervise, evaluate, and if approved, implement the resulting negotiated recommendations
27concerning the terms and conditions of work for all transportation network drivers in an industry
28when those recommendations are found by the Secretary of Labor to advance the public purposes
29stated in this section and are then made binding, regardless of the competitive consequences
30thereof.
31 1. The commonwealth intends that transportation network drivers have the right to
32form, join, or assist labor organizations, to be represented through representatives of their own
33choosing, and to engage in other concerted activities for the purpose of bargaining with
34transportation network companies and create negotiated recommendations, which shall form the
35basis for industry regulations.
36 2. The commonwealth intends transportation network companies have the right to 4 of 31
37 form multi-company associations to represent them while bargaining with a
38transportation network driver organization to create negotiated recommendations, which shall
39form the basis for industry regulations.
40 3. The intent and policy of the commonwealth is for the statutory and non-statutory
41labor exemptions from the federal antitrust laws and analogous commonwealth laws, to apply to
42transportation network drivers who choose to form, join or assist labor organizations in labor
43activity in Massachusetts permitted hereby.
44 4. The commonwealth intends in authorizing and regulating transportation network
45companies and transportation network drivers engaging in labor activity permitted hereby that
46state action immunity apply to this statute, and that such companies and drivers be immune from
47the federal and commonwealth antitrust laws to the fullest extent possible in their conduct
48pursuant to this statute.
49 5. The commonwealth will actively supervise the labor activity permitted hereby
50conducted by transportation network companies and transportation network drivers pursuant to
51this statute to ensure that the conduct permitted by the statute protects the rights of workers and
52companies, encourages collective negotiation and labor peace, and otherwise advances the
53purposes of this Act.
54 Section 2. Definitions.
55 A. "Active transportation network driver" or "active TND" means a transportation
56network driver so designated pursuant to the following process: Upon request by the board, and
57at the completion of each calendar quarter thereafter, each transportation network company
58("TNC") shall provide the board with information that identifies all transportation network 5 of 31
59drivers ("TND") who completed five or more rides that originated in the commonwealth of
60Massachusetts on the TNC's platform in the previous six months. Each TNC shall provide this
61information within two weeks after the end of each calendar quarter (March 31st, June 30th,
62September 30th, December 31st). Such information shall include only the name of the TND, the
63TND driver's license number, and the number of rides the TND completed through the TNC's
64platform in the previous six months. The board shall combine the data provided by all TNCs to
65determine the distribution of the number of rides completed by all TNDs for which data has been
66submitted, and then shall determine the median number of rides across TNDs for whom data has
67been submitted in the previous six months. Any TND who completed more than the median
68number of rides shall be considered an active transportation network driver in the rideshare
69industry.
70 B. "Board" means the commonwealth employment relations board created by section
719R of Chapter 23 of the General Laws.
72 C. "Company union" means any committee, employee representation plan, or
73association of workers or others that exists for the purpose, in whole or in part, of dealing with
74TNCs concerning grievances or terms and conditions of work for TNDs, which (1) a TNC has
75initiated or created or whose initiation or creation it has suggested, participated in or in the
76formulation of whose governing rules or policies or the conducting of whose management,
77operations or elections the.TNC participates in or supervises; or (2) which the TNC maintains,
78finances, controls, dominates, or assists in maintaining or financing unless required to do so by
79this chapter or any regulations implementing this chapter, whether by compensating anyone for
80services performed in its behalf or by donating free services, equipment, materials, office or
81meeting space or anything else of value, or by any other means. A TND organization shall not be 6 of 31
82deemed a company union only because it has negotiated or been granted the right to designate
83workers to be released with pay for the purpose of providing representational services in labor-
84management affairs on behalf of workers represented by the TND organization, or where, in the
85course of providing representational services to workers for whom it is the exclusive bargaining
86representative, a TNC allows agents of the TND organization to meet with workers at the TNC's
87premises.
88 D. "Exclusive bargaining representative" means a TND organization certified by the
89board, in accordance with this chapter, as the representative of TNDs in a bargaining unit.
90 E. "Network company" means a TNC, except that a business entity that maintains an
91online- enabled application or platform that meets all three of the following tests is not a network
92company: (1) it is used to facilitate primarily non-rideshare services within the commonwealth of
93Massachusetts, (2) less than seven and one-half percent of service requests fulfilled through the
94platform on an annual basis are for rideshare services, and
95 (3) fewer than ten thousand service requests fulfilled through the platform in any year are
96for rideshare services. For purposes of this paragraph, all applications or platforms used by
97corporate entities under common control shall be considered a single application or platform.
98 F. "Transportation network driver" or "TND" means a transportation network driver
99as described by § 1 of Chapter 159Al/2 of the General Laws. TND shall not include any
100individual who, with respect to the provision of services through a TNC's online enabled-
101application or platform, is an employee within the meaning of section 29 U.S.C. § 152(3).
102 G. "Transportation network driver organization" or "TND organization" means any
103organization in which network drivers participate, and which exists and is constituted for the 7 of 31
104purpose, in whole or in part, of collective bargaining, or of dealing with network companies
105concerning grievances, terms or conditions of work, or of other mutual aid or protection and
106which is not a company union as defined herein.
107 H. "Transportation network company" or "TNC" means a transportation network
108company as described by § 1 of Chapter 159Al/2 of the General Laws.
109 I. "Unfair work practices" means only those unfair work practices listed in section
1104, below.
111 Section 3. Rights of TNDs.
112 TNDs shall have the right of self-organization, to form, join, or assist TND organizations,
113to bargain collectively through representatives of their own choosing, and to engage in concerted
114activities, for the purpose of collective bargaining or other mutual aid or protection free from
115interference, restraint, or coercion by TNCs, and shall also have the right to refrain from any of
116these activities. Nothing contained in this chapter shall be interpreted to prohibit TNDs from
117exercising the right to confer with TNCs at any time, provided that during such conference there
118is no attempt by such TNC, directly or indirectly, to interfere with, restrain or coerce such
119workers in the exercise of the rights guaranteed by this section.
120 Section 4. Unfair work practices.
121 A. It shall be an unfair work practice for a TNC to:
122 1. fail or refuse to provide the board with an accurate list of the names, trips made,
123and contact information for TNDs, as required by this chapter; 8 of 31
124 2. refuse to negotiate in good faith with a certified or recognized TND organization
125representing TNDs engaged with such TNC concerning wages, hours, or terms and conditions of
126work. Since the obligation to negotiate in good faith includes an obligation to provide requested
127information that has a bearing on the bargaining process, it is also an unfair work practice for a
128TNC to refuse to provide a certified or recognized TND organization with relevant information
129requested by the TND organization for the performance of its duties as the TND's bargaining
130representative;
131 3. refuse to provide a TND organization with a list of the names, addresses and
132telephone numbers of TNDs where the provision of such list is required by this chapter;
133 4. refuse to continue all the terms of a determination of terms and conditions of work
134prescribed by the Secretary of Labor pursuant to this chapter until a new determination is
135prescribed;
136 5. lockout TNDs. The term "lockout" shall mean, for the purposes of this section, a
137refusal by a TNC to permit a TND normal access to the TNC's means of connecting TNDs to
138individuals seeking transportation service as a result of a dispute with such workers or a TND
139organization representing such workers that affects wages, hours and other terms and conditions
140of work of such workers, provided, however, that a lockout shall not include a termination of
141engagement of a worker for good cause that does not involve such worker exercising any rights
142guaranteed by this chapter
143 6. To spy upon or keep under surveillance, whether directly or through agents or any
144other person, any activities of TNDs, those workers' representatives, or any other person, or any 9 of 31
145activities of such workers or those workers' representatives in the exercise of the rights
146guaranteed by this chapter.
147 7. To dominate or interfere with the formation, existence, or administration of any
148TND organization, or to contribute financial or other support to any such organization, directly
149or indirectly, unless required to by this chapter or by any regulations implementing this chapter,
150including but not limited to the following:
151 (a)by participating or assisting in, supervising, or controlling (i) the initiation or
152creation of any such organization or (ii) the meetings, management, operation, elections,
153formulation or amendment of constitution, rules or policies, of any such organization
154 (b)by offering incentives to TNDs to join any such organization;
155 (c)by donating free services, equipment, materials, office or meeting space or
156anything else of value for the use of any such organization; provided that a TNC shall not be
157prohibited from permitting workers to perform representational work protected under this
158chapter during working hours without loss of time or pay or from allowing agents of a TND
159organization that is the exclusive representative of its network workers from meeting with
160workers on its premises.
161 8. To require a TND to join any company union or TND organization or to require a
162TND to refrain from forming, or joining or assisting a TND organization of their own choosing.
163 9. To encourage membership in any company union or discourage membership in
164any TND organization, by discrimination in regard to hire, tenure, or in any term or condition of
165employment or engagement. 10 of 31
166 I0. To discharge or otherwise discriminate against a TND because they have signed or
167filed any affidavit, petition or complaint or given any information or testimony under this
168chapter.
169 11.To distribute or circulate any blacklist of individuals exercising any right created
170or confirmed by this chapter or of members of a TND organization, or to inform any person of
171the exercise by any individual of such right, or of the membership of any individual in a TND
172organization for the purpose of preventing individuals so blacklisted or so named from obtaining
173or retaining opportunities for remuneration.
174 12.To do any acts, other than those already enumerated in this section, which
175interfere with, restrain or coerce TNDs in the exercise of the rights guaranteed by this chapter.
176 B. It shall be an unfair work practice for a TND organization to:
177 1. refuse to collectively bargain in good faith with a TNC, provided it is the certified
178or recognized representative of the company's workers. Since the obligation to negotiate in good
179faith includes an obligation to provide requested information that relates to the bargaining
180process, it is also an unfair work practice for a certified or recognized TND to refuse to provide
181information requested by a TNC organization that is relevant to the bargaining process;
182 2. restrain or coerce TNDs in the exercise of the rights guaranteed by this chapter;
183provided, however, that this paragraph shall not impair the right of a TND organization to
184prescribe its own rules with respect to the acquisition or retention of membership in the
185organization; 11 of 31
186 3. fail to fulfill its duty of fair representation toward TNDs where it is the exclusive
187bargaining representative by acts or omissions that are arbitrary, discriminatory, or in bad faith.
188 4. restrain or coerce a TNC in the selection of its representatives for the purpose of
189bargaining or the adjustment of grievances.
190 C. Prevention of unfair work practices.
191 1. The board is empowered and directed, as hereinafter provided, to prevent any
192TNC and any TND organization, from engaging in any unfair work practice described in this
193chapter. This power shall not be affected or impaired by any means of adjustment, mediation or
194conciliation in labor disputes that have been or may hereafter be established by law or by the
195determination provided for in section 6(F), below. To prevent unfair work practices, each TNC
196shall, at least once each year, send a text message and an e-mail to each of its active TNDs in a
197form determined by the board notifying the TNDs of their rights under this chapter, and the
198procedure for filing an unfair work practice charge. The board shall also post a copy of this
199notice on its website.
200 2. Whenever it is charged that any TNC or TND organization has engaged in or is
201engaging in any such unfair work practice, the board, or any agent or agency designated by the
202board for such purposes, shall have power to issue and cause to be served upon such TNC or
203TND organization, a complaint stating the charges in that respect, and containing a notice of
204hearing before the board or a member thereof, or before a designated agent or agency, at a place
205therein fixed, not less than five days after service of said complaint. Any such complaint may be
206amended by the member, agent or agency conducting the hearing or the board in its discretion at
207any time prior to the issuance of an order based thereon. The TNC or TND organization so 12 of 31
208complained of shall have the right to file an answer to the original or amended complaint and to
209appear in person or otherwise and give testimony at the place and time fixed in the complaint. In
210the discretion of the member, agent or agency conducting the hearing or the board, any other
211person may be allowed to intervene in the said proceeding and to present testimony. In any such
212proceeding, the rules of evidence prevailing in courts of law or equity shall not be controlling.
213 3. If, upon the record before them such member, agent, or agency shall determine
214that an unfair work practice has been committed by a TNC or TND organization named in the
215complaint, they shall issue and cause to be served upon the person committing the unfair work
216practice an order requiring such person to cease and desist from such unfair work practice, and to
217take such further affirmative action as will effectuate the provisions of this chapter including, but
218not limited to (a) withdrawal of recognition from and refraining from bargaining collectively
219with any organization or association, agency or plan that is either defined in this chapter as a
220company union, or established, maintained or assisted by any action defined in this chapter as an
221unfair work practice; (b) awarding back pay or other restoration of compensation, without any
222reduction based on the TND's interim earnings or failure to earn interim earnings, consequential
223damages, and an additional amount as liquidated damages equal to two times the amount of
224damages awarded; (c) requiring reengagement or reestablishment of the TNC's preexisting
225relationship with improperly, adversely affected TNDs, with or without compensation, or
226maintenance of a preferential list from which such worker shall be re-engaged or the relationship
227reestablished, and such order may further require such respondent to make reports from time to
228time showing the extent to which the order has been complied with;
229 (d) requiring respondent to provide the complainant with a list of all TNDs, together with
230those workers' physical and e-mail addresses and known telephone numbers; and (e) requiring 13 of 31
231the TNC to recognize and bargain with a TND organization if the board determines that the
232unfair work practice interfered with the TND's right to form or join a TND organization. If the
233member, agent, or agency determines that an unfair work practice has not been committed, they
234shall issue an order dismissing the complaint. An order issued pursuant to this subsection shall
235become final and binding unless, within ten days after notice thereof, any party requests review
236by the full board. A review may be made upon a written statement of the case by the member,
237agent, or agency agreed to by the parties, or upon written statements furnished by the parties, or,
238if any party or the board requests, upon a transcript of the testimony taken at the hearing, if any,
239together with such other testimony as the board may require.
240 If, upon the record before it, the board determines that an unfair practice has been
241committed it shall state its findings of fact and issue and cause to be served on the TNC or TND
242organization an order requiring such company or organization to cease and desist from such
243unfair work practice, and to take such further affirmative action as will effectuate the provisions
244of this chapter. If, upon the record before it, the board determines that an unfair work practice
245has not been committed, it shall state its findings of fact and shall issue an order dismissing this
246complaint.
247 4. Until the record in a case shall have been filed in a court, as hereinafter
248provided, the board may at any time, upon reasonable notice and in such manner as it shall deem
249proper, modify or set aside, in whole or in part, any finding or order made or issued by it.
250 5. The board may institute appropriate proceedings in the appeals court for
251enforcement of its final orders. 14 of 31
252 6. Any party aggrieved by a final order of the board may institute proceedings for
253judicial review in the appeals court within thirty days after receipt of said order. The proceedings
254in the appeals court shall, insofar as applicable, be governed by the provisions of section fourteen
255of chapter thirty A.
256 7. Injunctive relief.
257 (a) A party filing an unfair work practice charge under this section may petition the
258board to obtain injunctive relief, pending a decision on the merits of said charge by the board,
259upon a showing that: (i) there is reasonable cause to believe an unfair work practice has
260occurred, and (ii) it appears that immediate and irreparable injury, loss or damage will result
261thereby rendering a resulting judgment on the merits ineffectual necessitating the maintenance
262of, or return to, the status quo to provide meaningful relief. Such immediate and irreparable harm
263may include the chilling of workers in the exercise of rights provided by this chapter.
264 (b) Within ten days of the receipt by the board of such petition, if the board
265determines that a charging party has made a sufficient showing both that there is reasonable
266cause to believe an unfair work practice has occurred and it appears that immediate and
267irreparable injury, loss or damage will result therefrom, rendering a resulting judgment on the
268merits ineffectual necessitating maintenance of, or return to, the status quo to provide meaningful
269relief, the board shall petition the superior court in any county where the unfair work practice
270occurred upon notice to all parties for the necessary injunctive relief or, if the board determines
271not to seek injunctive relief, the charging party may seek injunctive relief by petition to the
272superior court, in which case the board must be joined as a necessary party. The board or, where
273applicable, the charging party, shall not be required to give any undertakings or bond and shall 15 of 31
274not be liable for any damages or costs that may have been sustained by reason of any injunctive
275relief ordered. If the board fails to act within ten days as provided herein, the board, for purposes
276of review, shall be deemed to have made a final order determining not to seek injunctive relief.
277In the case of a TNC's failure to provide an accurate list of names and addresses of TNDs,
278immediate and irreparable injury, loss, or damage shall be presumed.
279 (c) Injunctive relief may be granted by the court, after hearing all parties, if it
280determines that there is reasonable cause to believe an unfair work practice has occurred and that
281it appears that immediate and irreparable injury, loss, or damage will result thereby rendering a
282resulting judgment on the merits ineffectual necessitating maintenance of, or return to, the status
283quo to provide meaningful relief. Such relief shall expire on decision by the board finding no
284unfair work practice to have occurred, successful appeal of the grant of injunction relief, or
285motion by respondent to vacate or modify the injunction pursuant to the provisions of the rules of
286civil procedure. The board shall conclude the hearing process and issue a decision on the merits
287within one hundred eighty days after the imposition of such injunctive relief unless mutually
288agreed by the respondent and charging party.
289 (d) A decision on the merits of the unfair work practice charge by the board finding
290an unfair work practice to have occurred shall continue the injunctive relief until either: (i) the
291respondent implements the remedy, or (ii) the respondent successfully moves in court to set aside
292the board's order, pursuant to provisions of Chapter 30A of the General Laws.
293 (e) Any injunctive relief in effect pending a decision by the board (i) shall expire
294upon a decision by the board finding no unfair work practice to have occurred, of which the
295board shall notify the court within two business days, or (ii) shall remain in effect only to the 16 of 31
296extent it implements any remedial order issued by the board in its decision, of which the board
297shall notify the court within two business days.
298 (f)The appeal of any order granting, denying, modifying, or vacating injunctive
299relief ordered by the court pursuant to this subdivision shall be made in accordance with the rules
300of appellate procedure.
301 (g)Except as provided in this section, judicial review of the orders of the board shall
302be as provided for section 9, below.
303 Section 5. Representatives.
304 A. After receiving the information identified in Section 2(A) from each TNC at the
305conclusion of each calendar quarter (March 31, June 30, September 30, December 31), the board
306shall provide each TNC with the names of the active TNDs who have driven for that TNC, and
307each TNC shall have 30 days to submit to the board, in an electronic format to be determined by
308the board, the phone numbers, mailing addresses, and email addresses for each active TND.
309These records shall not be subject to disclosure pursuant to Chapter 66 of the General Laws.
310 B. Bargaining unit. For purposes of this chapter, each TND shall be included in an
311industry-wide bargaining unit of all TNDs.
312 C. Showing of designation of representative. A TND organization may demonstrate
313that it has been designated as a bargaining representative by presenting to the board cards,
314petitions, or other evidence, which may be in electronic form, sufficient to show the TND has
315authorized the TND organization to act as the worker's exclusive bargaining representative. To
316be valid, such card, petition, or other evidence must have been executed by the worker within 17 of 31
317one year of the date the TND organization submits the evidence to the board. Execution may be
318electronic.
319 D. Representative status.
320 1. Upon the request of a TND organization, the board shall make a determination
321that such organization has been designated as bargaining representative by at least five percent of
322active TNDs in the bargaining unit.
323 2. Once the board determines that the TND organization has been designated as the
324bargaining representative of at least five percent of active TNDs in the bargaining unit, the board
325shall (a) require each TNC to send a notice, in a form determined by the board, that the TND
326organization is seeking to represent TNDs for the purpose of initiating a bargaining process in
327order to establish terms and conditions for the industry; and (b) provide the TND organization
328with a complete list of names, phone numbers, mailing address, and electronic mail address for
329all active TNDs in the bargaining unit. The board will provide the TND organization with an
330updated list each quarter for the next year. For six months from the date of the board's
331determination that a TND organization has met the five percent threshold in a bargaining unit, no
332other TND organization may be certified as the exclusive bargaining representative of those
333workers without an election.
334 3. Exclusive representative status. A TND organization that provides evidence to the
335board that it has been designated as bargaining representative by twenty-five percent of active
336TNDs in the bargaining unit shall be certified as the exclusive bargaining representative of all
337TNDs in the bargaining unit. In the alternative, a TND organization that has been designated as
338the bargaining representative of at least five percent of active TNDs in the bargaining unit may 18 of 31
339petition the board to conduct an election. The election shall be conducted as expeditiously as
340possible, and if the TND organization receives a majority of valid votes cast it shall be certified
341as the exclusive bargaining representative.
342 4. Determination of Exclusive Representative Status in the Event of a Dispute
343among TND organizations.
344 (a) If a TND organization seeking certification as the exclusive bargaining
345representative provides evidence that shows that less than a majority of active TNDs have
346designated the TND organization as their bargaining representative, the board shall wait seven
347days before certifying the TND organization as exclusive bargaining representative. If, during
348those seven days, another TND organization provides evidence that at least 25 percent of active
349TNDs in the bargaining unit have designated it as their bargaining representative, or a TND
350provides evidence that at least 25 percent of active TNDs in the bargaining unit do not wish to be
351represented by any TND organization, then the board shall hold an election among all active
352TNDs in the bargaining unit. Such election shall be conducted as expeditiously as possible. A
353TND organization receiving a majority of the valid votes cast shall be certified as the exclusive
354bargaining representative of all TNDs in the bargaining unit. When two or more TND
355organizations are on the ballot and none of the choices (the TND organizations or "no worker
356organization") receives a majority of the valid votes cast, there shall be a run-off election
357between the two choices receiving the largest and second largest number of votes. A TND
358organization receiving a majority of the valid votes cast in the run-off shall be certified as the
359exclusive bargaining representative of all TNDs in the bargaining unit, and it shall owe a duty to
360fairly represent all such workers. If a majority of the valid votes cast are for "no worker
361organization," then the board will not certify any worker organization as the exclusive bargaining 19 of 31
362representative. For purposes of this provision, the operative list of active TNDs shall be based on
363the most recent quarterly list provided by the TNCs in accordance with section 5(A).
364 (b)A TND organization certified as the exclusive bargaining representative shall
365have the exclusive authority to represent the TNDs in the bargaining unit, without challenge by
366another TND organization, for the greater of (i) one year following certification; or (ii) the length
367of time that a final determination rendered by the Secretary of Labor under section 6(F) is in
368effect, provided that such period shall not be longer than three years following the date of
369issuance of such final determination. During the times when an exclusive bargaining
370representative is subject to challenge, TNDs may file for a decertification election upon a
371showing that at least twenty-five percent of the active TNDs in the bargaining unit have
372demonstrated support for the decertification. The board will then schedule an election to
373determine whether the TND organization has retained its status as exclusive bargaining
374representative. The TND organization shall retain its status as exclusive bargaining
375representative if it receives a majority of valid votes cast by active TNDs in the bargaining unit.
376 (c)If a TND organization has been designated the exclusive bargaining
377representative with respect to a bargaining unit, only that TND organization shall be entitled to
378(i) receive from the TNCs a list of all of their TNDs, together with phone numbers, mailing
379addresses, and electronic mail addresses; and (ii) shall be entitled to engage in bargaining with
380the TNCs for recommendations to the Secretary of Labor concerning wages, benefits and terms
381and conditions of work of the TNDs.
382 (d)Dues Deduction. A TND organization that has been designated as the exclusive
383bargaining representative with respect to the bargaining unit shall have a right to voluntary 20 of 31
384membership dues deduction upon presentation of dues deduction authorization cards signed by
385individual TNDs, which may be in electronic form. A TNC shall commence making such
386deductions as soon as practicable, but in no case later than thirty days after receiving proof of a
387signed dues deduction authorization card, and such dues shall be submitted to the TND
388organization within thirty days of the deduction. A TNC shall accept a signed authorization to
389deduct dues in any format permitted by Chapter 11OG of the General Laws. The right to such
390membership dues deduction shall remain in full force and effect until an individual revokes
391membership in the TND organization in writing in accordance with the terms of the signed
392authorization.
393 Section 6. Bargaining, Impasse resolution procedures, and final determination by the
394Secretary of Labor.
395 A. Once the board determines that a TND organization is the exclusive bargaining
396representative for the bargaining unit, the board shall notify all TNCs, and all TNCs shall be
397required to bargain with the exclusive bargaining representative concerning wages, benefits, and
398terms and conditions of work. The terms and conditions to be bargained include, but are not
399limited to, the criteria for deactivating a TND and a dispute resolution procedure for resolving
400claims alleging unjust deactivation. To facilitate negotiations, the TNCs may form an industry
401association to negotiate on their behalf. If the TNCs choose not to form an association, any
402recommended agreement must be approved by (i) at least two industry member TNCs and (ii)
403member TNCs representing at least eighty percent of the market share of that industry in
404Massachusetts, with votes determined in proportion to the number of rides completed by TNDs
405contracting directly with the TNC in the two calendar quarters preceding the recognition of the
406certified representative. 21 of 31
407 B. Once the TND organization and the TNCs have reached a set of negotiated
408recommendations for the industry, the negotiated recommendations shall be submitted by the
409TND organization to a vote by all TNDs in the industry who have completed at least one
410hundred trips in the previous quarter. If approved by a majority of TNDs who vote, the
411negotiated recommendations shall be submitted to the Secretary of Labor for approval. If a
412majority of valid votes cast by the TNDs are not in favor of the negotiated recommendations, the
413transportation network worker organization and the TNCs will resume bargaining.
414 C. For purposes of this section, an impasse may be deemed to exist if the TNCs and
415exclusive bargaining representative fail to achieve agreement by the end of a one hundred eighty-
416day period from the date a TND organization has been designated as the exclusive bargaining
417representative or from the expiration date of a prior determination by the Secretary of Labor as
418provided for in paragraph F, below.
419 D. Upon impasse, any of the affected TNCs or the exclusive bargaining
420representative may request the board to render assistance as provided in this section.
421 E. Upon receiving a timely request from an exclusive bargaining representative for
422commencement of an impasse proceeding, the board shall aid the parties as follows:
423 1. To assist the parties to effect a voluntary resolution of the dispute, the board shall
424appoint a mediator from a list of qualified persons maintained by the board; the parties shall be
425free to select a mediator satisfactory to them or to decline such selection.
426 2. If the mediator is unable to achieve agreement between the parties concerning an
427appropriate resolution within thirty days after the board has provided the parties the list of
428mediators, any party may petition the board to refer the dispute to an arbitrator. 22 of 31
429 3. Upon timely petition of either party, the board shall refer the dispute to an
430arbitrator as hereinafter provided.
431 (a) Prior to submitting the dispute to an arbitrator, the board shall conduct an election
432among all TNDs in the industry who have completed at least one hundred trips in the previous
433quarter. The TNDs will choose between submitting the dispute to the arbitrator or decertifying
434the exclusive bargaining representative. If the majority of eligible votes cast are for
435decertification the exclusive bargaining representative shall be decertified and any existing
436regulations shall remain in place until they expire as provided in paragraph F below.
437 (b). If a majority of TNDs who vote choose to have an arbitrator appointed, the exclusive
438bargaining representative shall notify the board of the need to appoint an arbitrator, and the board
439shall notify the TNCs of this request. Each of the two groups of affected parties (affected TNCs
440being one group, and the exclusive bargaining representative being the other group) shall have an
441equal say in the selection of the arbitrator and each of the two groups shall share equally the cost
442of the arbitrator. If the parties are unable to agree upon the arbitrator within seven days after the
443board notifies the TNCs of the need to appoint an arbitrator, the board shall submit to the parties
444a list of qualified, disinterested persons for the selection of an arbitrator. A representative of each
445of the two groups shall alternately strike from the list one of the names with the order of striking
446determined by lot, until the remaining one person shall be designated as the arbitrator. Each
447group shall select its representative for this purpose as it sees fit. A group's failure to agree upon
448the designation of its representative shall result in the failure of the striking procedure, but shall
449not impede the board's appointment of the arbitrator upon such failure. The striking process shall
450be completed within five days of receipt of the board's list. The representatives who undertake
451the striking shall notify the board of the designated arbitrator. In the event the parties are unable 23 of 31
452to select the arbitrator within five days following receipt of this list, the board shall appoint the
453arbitrator.
454 (c)The arbitrator shall hold hearings on all matters related to the dispute. The parties
455may be heard either in person, by counsel, or by other representatives, as they may respectively
456designate. The arbitrator shall determine the order of presentation by the parties, and shall have
457discretion and authority to decide all procedural issues that may be raised;
458 (d)The parties, including all TNCs engaging at least fifty TNDs in the bargaining
459unit and the exclusive bargaining representative affected, may present, either orally or in writing,
460or both, statements of fact, supporting witnesses and other evidence, and argument of their
461respective positions with respect to each case. The arbitrator shall have authority to require the
462production of such additional evidence, either oral or written as she or he may desire from the
463parties and shall provide at the request of either group of parties that a full and complete record
464be kept of any such hearings, the cost of such record to be borne by the requesting party. If such
465record is created, it shall be shared with all parties regardless of which party paid for it.
466 (e)Any TNC engaging less than fifty TNDs in the bargaining unit shall have the
467opportunity to make a written submission to the arbitrator.
468 (f)The arbitrator shall make a just and reasonable determination of the matters in
469dispute, and shall issue a determination that shall apply to all TNCs and the exclusive bargaining
470representative. In arriving at such determination, the arbitrator shall specify the basis for his or
471her findings, taking into consideration, in addition to any factors recommended by the parties
472that the arbitrator finds to be consistent with this chapter, including the following:
473 i. whether the wages, benefits, hours, and conditions of work 24 of 31
474 of the TNDs achieve the policy goals set forth subdivision A of Section I. This amount
475must take into account the real cost of living, it may substantially exceed any statutory minimum
476wage, and should be a sufficient amount such that the TNDs do not need to rely upon any public
477benefits;
478 ii.whether the most efficient way to provide benefits is through
479 a portable benefits fund, and if so, how to best assess each TNC a portion of the costs of
480providing those benefits;
481 iii.the financial ability of the affected TNCs to pay for the compensation and benefits
482in question and the impact on the delivery of services provided by the companies;
483 iv.the establishment of reasonable dispute resolution mechanisms that will allow
484TNDs a reasonable expectation of uninterrupted work and permit TNCs to alter or terminate their
485relationships with workers if there is just cause for such; and
486 v. comparison of peculiarities in regard to other trades or professions, including
487specifically, (a) hazards of work; (b) physical qualifications; (c) educational qualifications; (d)
488mental qualifications; and (e) job training and skills.
489 F. Any recommendations agreed upon between TNCs and a TND organization
490acting as exclusive bargaining representative of TNDs in the bargaining unit and/or any
491determination reached by an arbitrator under this chapter shall be subject to review and approval
492by the Secretary of Labor. In deciding whether to grant approval to the arbitrator's
493recommendations, the Secretary of Labor's decision shall be based on the factors specified in
494paragraph E(3)(f), above, and the policies set forth in section I. In deciding whether to approve 25 of 31
495such agreement or determination, the Secretary of Labor shall afford the exclusive
496representative, all TNCs, and TNDs no more than thirty days to submit comments and arguments
497concerning whether approval is warranted. Within sixty days of the deadline for submitting
498comments, the Secretary of Labor shall approve or disapprove the agreement or determination.
499In the event of disapproval, the Secretary of Labor may make recommendations for amendments
500to the agreement or determination that would cause the Secretary of Labor to approve and afford
501the parties an opportunity to respond to those recommendations. The final determination by the
502Secretary of Labor shall include a date following which new terms may be set for the bargaining
503unit which date shall not be more than three years following the date of the issuance of the
504determination. If during the three year period (or any lesser period that the Secretary of Labor
505sets as a duration for the final determination), the Secretary of Labor determines that market
506conditions have changed, the Secretary of Labor shall give the exclusive bargaining
507representative, all TNCs, and TNDs the opportunity to submit comments and arguments
508concerning whether the final determination should be modified, and after receiving those
509comments, the Secretary of Labor may modify the final determination.
510 Section 7. Minimum Labor Standards. No agreement or determination made pursuant to
511this chapter shall diminish or erode any minimum labor standard that would otherwise apply to a
512TND.
513 Section 8. Preemption. This law shall not preempt any commonwealth enactment which
514provides greater benefits or protection to a TND.
515 Section 9. Judicial Review. 26 of 31
516 A. Final orders of the board made pursuant to this chapter shall be conclusive against
517all parties to its proceedings and persons who have had an opportunity to be parties to its
518proceedings unless reversed or modified in proceedings for enforcement or judicial review as
519herein provided. Final orders of the board shall be subject to review as provided in section 6 of
520Chapter 150A of the General Laws, provided that a final order of the board under section 5 of
521this chapter concerning the scope of bargaining units or the designation of a TND organization as
522an exclusive bargaining representative or as entitled to the production of lists of TNDs shall be
523overturned only if it is found to be arbitrary and capricious.
524 B. Final orders of the Secretary of Labor pursuant to section 6(F) of this chapter shall
525be conclusive against all affected TND organizations and all TNCs in the industry unless
526reversed or modified in proceedings for enforcement or judicial review as herein provided. Such
527final orders shall be subject to review in accordance with the provisions of section fourteen of
528chapter 30A of the General Laws, provided, however, that the determination of the Secretary of
529Labor shall only be overturned if it is found to be arbitrary and capricious.
530 (C) Except in a proceeding brought to challenge a final order of the Secretary of Labor,
531the determination of an arbitrator shall not be subject to judicial review.
532 Section 10. Rules and Regulations.
533 The board shall make such rules and regulations as may be appropriate to effectuate the
534purposes and provisions of this chapter.
535 Section 11. Conflict of Laws. 27 of 31
536 In the event of any conflict with Chapter 150A of the General Laws, the provisions of
537this Chapter shall prevail.
538 Section 12. Severability.
539 The provisions of this act shall be severable and if any phrase, clause, sentence or
540provision of this article or the applicability thereof to any person, entity, or circumstance shall be
541held invalid, the remainder of this act and the application thereof shall not be affected. 28 of 31
FIRST TEN SIGNERS
NAMERESIDENCECITY OR TOWNROXANA LORENA RIVERA15 MENTON S TREETBOSTONALEJANDRA TERRERO36 STRAWBERRY L ANEABINGTONRAHIM ABBASI29 EDISON GREEN #3BOSTONCESAR RAMIREZ495 C OLUMBIA ROAD #2BOSTONNETO MIGUEL R OSA206 P RATT AVENUE #14LOWELLDOMINGO ALBERTO CASTILLO85 ARCHDALE ROAD #313BOSTONOMER O. ELTOM8 JETTE COURT #815BOSTONYASSIR OSMAN M AREI9 MAPLE P LACEBOSTONMAHAD OMAR30 EVERETT GAYLORD BOULEVARD #23WORCESTERDANIEL R. NICOLAI73 ROBERT STREET #1BOSTON 29 of 31
CERTIFICATE OF THE ATTORNEY GENERAL.
Honorable William Francis Galvin
Secretary of the Commonwealth
One Ashburton Place, Room 1705
Boston, Massachusetts 02108
RE: Initiative Petition No. 23-25: An Act giving transportation network
drivers the option to form a union and bargain collectively
Dear Secretary Galvin:
In accordance with the provisions of Article 48 of the Amendments to
the Massachusetts Constitution, I have reviewed the above-referenced initiative
petition, which was submitted to me on or before the first Wednesday of August
of this year.
I hereby certify that this measure is in proper form for submission to
the people; that the measure is not, either affirmatively or negatively,
substantially the same as any measure which has been qualified for submission
or submitted to the people at either of the two preceding biennial state elections;
and that it contains only subjects that are related or are mutually dependent and
which are not excluded from the initiative process pursuant to Article 48, the
Initiative, Part 2, Section 2.
In accordance with Article 48, I enclose a fair, concise summary of the
measure.
Sincerely,
ANDREA JOY CAMPBELL,
Attorney General. 30 of 31
Summary of 23-25
The proposed law would provide Transportation Network Drivers (“Drivers”) with the
right to form unions (“Driver Organizations”) to collectively bargain with Transportation
Network Companies (“Companies”)-which are companies that use a digital network to connect
riders to drivers for pre-arranged transportation-to create negotiated recommendations
concerning wages, benefits and terms and conditions of work. Drivers would not be required to
engage in any union activities. Companies would be allowed to form multi-Company
associations to represent them when negotiating with Driver Organizations. The state would
supervise the labor activities permitted by the proposed law and would have responsibility for
approving or disapproving the negotiated recommendations. The proposed law would define
certain activities by a Company or a Driver Organization to be unfair work practices. The
proposed law would establish a hearing process for the state Employment Relations Board
(“Board”) to follow when a Company or Driver Organization is charged with an unfair work
practice. The proposed law would permit the Board to take action, including awarding
compensation to adversely affected Drivers, if it found that an unfair work practice had been
committed. The proposed law would provide for an appeal of a Board decision to the state
Appeals Court.
This proposed law also would establish a procedure for determining which Drivers are
Active Drivers, meaning that they completed more than the median number of rides in the
previous six months. The proposed law would establish procedures for the Board to determine
that a Driver Organization has signed authorizations from at least five percent of Active Drivers,
entitling the Driver Organization to a list of Active Drivers; to designate a Driver Organization
as the exclusive bargaining representative for all Drivers based on signed authorizations from at
least twenty-five percent of Active Drivers; to resolve disputes over exclusive bargaining status,
including through elections; and to decertify a Driver Organization from exclusive bargaining
status. A Driver Organization that has been designated the exclusive bargaining representative
would have the exclusive right to represent the Drivers and to receive voluntary membership
dues deductions. Once the Board determined that a Driver Organization was the exclusive
bargaining representative for all Drivers, the Companies would be required to bargain with that
Driver Organization concerning wages, benefits and terms and conditions of work. Once the
Driver Organization and Companies reached agreement on wages, benefits, and the terms and
conditions of work, that agreement would be voted upon by all Drivers who has completed at
least 100 trips the previous quarter. If approved by a majority of votes cast, the recommendations
would be submitted to the state Secretary of Labor for approval and if approved, would be
effective for three years. The proposed law would establish procedures for the mediation and
arbitration if the Driver Organization and Companies failed to reach agreement within a certain
period of time. An arbitrator would consider factors set forth in the proposed law, including
whether the wages of Drivers would be enough so that Drivers would not need to rely upon any
public benefits. The proposed law also sets out procedures for the Secretary of Labor’s review
and approval of recommendations negotiated by a Driver Organization and the Companies and
for judicial review of the Secretary’s decision. The proposed law states that neither its
provisions, an agreement nor a determination by the Secretary would be able to lessen labor
standards established by other laws. If there were any conflict between the proposed law and
existing Massachusetts labor relations law, the proposed law would prevail. The Board would 31 of 31
make rules and regulations as appropriate to effectuate the proposed law. The proposed law
states that, if any of its parts were declared invalid, the other parts would stay in effect.