Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4253 Compare Versions

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2	2	HOUSE . . . . . . . . . . . . . . . No. 4253
3	3	The Commonwealth of Massachusetts
4	4	——————
5	5	INITIATIVE PETITION OF ROXANA LORENA RIVERA AND OTHERS
6	6	OFFICE OF THE SECRETARY.
7	7	BOSTON, JANUARY 16, 2024.
8	8	Steven T. James
9	9	Clerk of the House of Representatives
10	10	State House
11	11	Boston, Massachusetts 02133
12	12	Sir: — I herewith transmit to you, in accordance with the
13	13	requirements of Article XLVIII of the Amendments to the Constitution an
14	14	initiative petition for “An Act Giving Transportation Network Drivers the
15	15	Option to Form a Union and Bargain Collectively,” signed by ten qualified
16	16	voters and filed with this department on or before December 6, 2023, together
17	17	with additional signatures of qualified voters in the number of 83,788, being a
18	18	sufficient number to comply with the Provisions of said Article.
19	19	Sincerely,
20	20	WILLIAM FRANCIS GALVIN
21	21	Secretary of the Commonwealth.
22	22	AN INITIATIVE PETITION.
23	23	Pursuant to Article XLVIII of the Amendments to the Constitution of the
24	24	Commonwealth, as amended, the undersigned qualified voters of the
25	25	Commonwealth, ten in number at least, hereby petition for the enactment into
26	26	law of the following measure: 2 of 31
27	27	FILED ON: 1/23/2024
28	28	HOUSE . . . . . . . . . . . . . . . No. 4253
29	29	The Commonwealth of Massachusetts
30	30	_______________
31	31	In the One Hundred and Ninety-Third General Court
32	32	(2023-2024)
33	33	_______________
34	34	An Act giving transportation network drivers the option to form a union and bargain collectively.
35	35	Be it enacted by the People, and by their authority, as follows:
36	36	1 This Act, which adds Chapter 150F to the General Laws, creates the opportunity for
37	37	2workers in the digital transportation industry to form transportation network driver organizations
38	38	3and to negotiate on an industry-wide basis with companies in this industry on recommendations
39	39	4to the commonwealth that raise standards for the terms and conditions of work in this industry.
40	40	5There shall be a new Chapter 1SOF that shall provide as follows:
41	41	6 Section 1. Findings and policy.
42	42	7 A. The commonwealth of Massachusetts recognizes that technological advancement
43	43	8has generated new "digital marketplaces" in the transportation sector, in which companies
44	44	9connect, through electronic media, customers seeking passenger transportation services to
45	45	10persons willing to supply that transportation service. These persons often suffer poor pay,
46	46	11inadequate health coverage, and irregular or inadequate working hours. It is hereby declared that
47	47	12the best interests of the commonwealth are served by providing transportation network drivers
48	48	13the opportunity to self-organize and designate representatives of their own choosing, and to
49	49	14bargain collectively in order to obtain sustainable wages, benefits and working conditions, 3 of 31
50	50	15subject to approval and ongoing supervision by the commonwealth. It is further declared that the
51	51	16best interests of the commonwealth are served by the prevention or prompt resolution of disputes
52	52	17between rideshare network companies and the persons who supply the labor to effectuate those
53	53	18services. This chapter shall be deemed an exercise of the police power of the commonwealth,
54	54	19and shall be liberally construed for the accomplishment of its purposes.
55	55	20 B. For the reasons set forth in subdivision A, it is the public policy of the
56	56	21commonwealth to displace competition with regulation of the terms and conditions of work for
57	57	22transportation network drivers set forth herein; and, consistent with this policy, to exempt from
58	58	23federal and commonwealth antitrust laws, the formation of transportation network driver
59	59	24organizations and multi-company associations for the purposes of collective bargaining between
60	60	25transportation network companies and transportation network drivers on an industry-wide basis,
61	61	26and to supervise, evaluate, and if approved, implement the resulting negotiated recommendations
62	62	27concerning the terms and conditions of work for all transportation network drivers in an industry
63	63	28when those recommendations are found by the Secretary of Labor to advance the public purposes
64	64	29stated in this section and are then made binding, regardless of the competitive consequences
65	65	30thereof.
66	66	31 1. The commonwealth intends that transportation network drivers have the right to
67	67	32form, join, or assist labor organizations, to be represented through representatives of their own
68	68	33choosing, and to engage in other concerted activities for the purpose of bargaining with
69	69	34transportation network companies and create negotiated recommendations, which shall form the
70	70	35basis for industry regulations.
71	71	36 2. The commonwealth intends transportation network companies have the right to 4 of 31
72	72	37 form multi-company associations to represent them while bargaining with a
73	73	38transportation network driver organization to create negotiated recommendations, which shall
74	74	39form the basis for industry regulations.
75	75	40 3. The intent and policy of the commonwealth is for the statutory and non-statutory
76	76	41labor exemptions from the federal antitrust laws and analogous commonwealth laws, to apply to
77	77	42transportation network drivers who choose to form, join or assist labor organizations in labor
78	78	43activity in Massachusetts permitted hereby.
79	79	44 4. The commonwealth intends in authorizing and regulating transportation network
80	80	45companies and transportation network drivers engaging in labor activity permitted hereby that
81	81	46state action immunity apply to this statute, and that such companies and drivers be immune from
82	82	47the federal and commonwealth antitrust laws to the fullest extent possible in their conduct
83	83	48pursuant to this statute.
84	84	49 5. The commonwealth will actively supervise the labor activity permitted hereby
85	85	50conducted by transportation network companies and transportation network drivers pursuant to
86	86	51this statute to ensure that the conduct permitted by the statute protects the rights of workers and
87	87	52companies, encourages collective negotiation and labor peace, and otherwise advances the
88	88	53purposes of this Act.
89	89	54 Section 2. Definitions.
90	90	55 A. "Active transportation network driver" or "active TND" means a transportation
91	91	56network driver so designated pursuant to the following process: Upon request by the board, and
92	92	57at the completion of each calendar quarter thereafter, each transportation network company
93	93	58("TNC") shall provide the board with information that identifies all transportation network 5 of 31
94	94	59drivers ("TND") who completed five or more rides that originated in the commonwealth of
95	95	60Massachusetts on the TNC's platform in the previous six months. Each TNC shall provide this
96	96	61information within two weeks after the end of each calendar quarter (March 31st, June 30th,
97	97	62September 30th, December 31st). Such information shall include only the name of the TND, the
98	98	63TND driver's license number, and the number of rides the TND completed through the TNC's
99	99	64platform in the previous six months. The board shall combine the data provided by all TNCs to
100	100	65determine the distribution of the number of rides completed by all TNDs for which data has been
101	101	66submitted, and then shall determine the median number of rides across TNDs for whom data has
102	102	67been submitted in the previous six months. Any TND who completed more than the median
103	103	68number of rides shall be considered an active transportation network driver in the rideshare
104	104	69industry.
105	105	70 B. "Board" means the commonwealth employment relations board created by section
106	106	719R of Chapter 23 of the General Laws.
107	107	72 C. "Company union" means any committee, employee representation plan, or
108	108	73association of workers or others that exists for the purpose, in whole or in part, of dealing with
109	109	74TNCs concerning grievances or terms and conditions of work for TNDs, which (1) a TNC has
110	110	75initiated or created or whose initiation or creation it has suggested, participated in or in the
111	111	76formulation of whose governing rules or policies or the conducting of whose management,
112	112	77operations or elections the.TNC participates in or supervises; or (2) which the TNC maintains,
113	113	78finances, controls, dominates, or assists in maintaining or financing unless required to do so by
114	114	79this chapter or any regulations implementing this chapter, whether by compensating anyone for
115	115	80services performed in its behalf or by donating free services, equipment, materials, office or
116	116	81meeting space or anything else of value, or by any other means. A TND organization shall not be 6 of 31
117	117	82deemed a company union only because it has negotiated or been granted the right to designate
118	118	83workers to be released with pay for the purpose of providing representational services in labor-
119	119	84management affairs on behalf of workers represented by the TND organization, or where, in the
120	120	85course of providing representational services to workers for whom it is the exclusive bargaining
121	121	86representative, a TNC allows agents of the TND organization to meet with workers at the TNC's
122	122	87premises.
123	123	88 D. "Exclusive bargaining representative" means a TND organization certified by the
124	124	89board, in accordance with this chapter, as the representative of TNDs in a bargaining unit.
125	125	90 E. "Network company" means a TNC, except that a business entity that maintains an
126	126	91online- enabled application or platform that meets all three of the following tests is not a network
127	127	92company: (1) it is used to facilitate primarily non-rideshare services within the commonwealth of
128	128	93Massachusetts, (2) less than seven and one-half percent of service requests fulfilled through the
129	129	94platform on an annual basis are for rideshare services, and
130	130	95 (3) fewer than ten thousand service requests fulfilled through the platform in any year are
131	131	96for rideshare services. For purposes of this paragraph, all applications or platforms used by
132	132	97corporate entities under common control shall be considered a single application or platform.
133	133	98 F. "Transportation network driver" or "TND" means a transportation network driver
134	134	99as described by § 1 of Chapter 159Al/2 of the General Laws. TND shall not include any
135	135	100individual who, with respect to the provision of services through a TNC's online enabled-
136	136	101application or platform, is an employee within the meaning of section 29 U.S.C. § 152(3).
137	137	102 G. "Transportation network driver organization" or "TND organization" means any
138	138	103organization in which network drivers participate, and which exists and is constituted for the 7 of 31
139	139	104purpose, in whole or in part, of collective bargaining, or of dealing with network companies
140	140	105concerning grievances, terms or conditions of work, or of other mutual aid or protection and
141	141	106which is not a company union as defined herein.
142	142	107 H. "Transportation network company" or "TNC" means a transportation network
143	143	108company as described by § 1 of Chapter 159Al/2 of the General Laws.
144	144	109 I. "Unfair work practices" means only those unfair work practices listed in section
145	145	1104, below.
146	146	111 Section 3. Rights of TNDs.
147	147	112 TNDs shall have the right of self-organization, to form, join, or assist TND organizations,
148	148	113to bargain collectively through representatives of their own choosing, and to engage in concerted
149	149	114activities, for the purpose of collective bargaining or other mutual aid or protection free from
150	150	115interference, restraint, or coercion by TNCs, and shall also have the right to refrain from any of
151	151	116these activities. Nothing contained in this chapter shall be interpreted to prohibit TNDs from
152	152	117exercising the right to confer with TNCs at any time, provided that during such conference there
153	153	118is no attempt by such TNC, directly or indirectly, to interfere with, restrain or coerce such
154	154	119workers in the exercise of the rights guaranteed by this section.
155	155	120 Section 4. Unfair work practices.
156	156	121 A. It shall be an unfair work practice for a TNC to:
157	157	122 1. fail or refuse to provide the board with an accurate list of the names, trips made,
158	158	123and contact information for TNDs, as required by this chapter; 8 of 31
159	159	124 2. refuse to negotiate in good faith with a certified or recognized TND organization
160	160	125representing TNDs engaged with such TNC concerning wages, hours, or terms and conditions of
161	161	126work. Since the obligation to negotiate in good faith includes an obligation to provide requested
162	162	127information that has a bearing on the bargaining process, it is also an unfair work practice for a
163	163	128TNC to refuse to provide a certified or recognized TND organization with relevant information
164	164	129requested by the TND organization for the performance of its duties as the TND's bargaining
165	165	130representative;
166	166	131 3. refuse to provide a TND organization with a list of the names, addresses and
167	167	132telephone numbers of TNDs where the provision of such list is required by this chapter;
168	168	133 4. refuse to continue all the terms of a determination of terms and conditions of work
169	169	134prescribed by the Secretary of Labor pursuant to this chapter until a new determination is
170	170	135prescribed;
171	171	136 5. lockout TNDs. The term "lockout" shall mean, for the purposes of this section, a
172	172	137refusal by a TNC to permit a TND normal access to the TNC's means of connecting TNDs to
173	173	138individuals seeking transportation service as a result of a dispute with such workers or a TND
174	174	139organization representing such workers that affects wages, hours and other terms and conditions
175	175	140of work of such workers, provided, however, that a lockout shall not include a termination of
176	176	141engagement of a worker for good cause that does not involve such worker exercising any rights
177	177	142guaranteed by this chapter
178	178	143 6. To spy upon or keep under surveillance, whether directly or through agents or any
179	179	144other person, any activities of TNDs, those workers' representatives, or any other person, or any 9 of 31
180	180	145activities of such workers or those workers' representatives in the exercise of the rights
181	181	146guaranteed by this chapter.
182	182	147 7. To dominate or interfere with the formation, existence, or administration of any
183	183	148TND organization, or to contribute financial or other support to any such organization, directly
184	184	149or indirectly, unless required to by this chapter or by any regulations implementing this chapter,
185	185	150including but not limited to the following:
186	186	151 (a)by participating or assisting in, supervising, or controlling (i) the initiation or
187	187	152creation of any such organization or (ii) the meetings, management, operation, elections,
188	188	153formulation or amendment of constitution, rules or policies, of any such organization
189	189	154 (b)by offering incentives to TNDs to join any such organization;
190	190	155 (c)by donating free services, equipment, materials, office or meeting space or
191	191	156anything else of value for the use of any such organization; provided that a TNC shall not be
192	192	157prohibited from permitting workers to perform representational work protected under this
193	193	158chapter during working hours without loss of time or pay or from allowing agents of a TND
194	194	159organization that is the exclusive representative of its network workers from meeting with
195	195	160workers on its premises.
196	196	161 8. To require a TND to join any company union or TND organization or to require a
197	197	162TND to refrain from forming, or joining or assisting a TND organization of their own choosing.
198	198	163 9. To encourage membership in any company union or discourage membership in
199	199	164any TND organization, by discrimination in regard to hire, tenure, or in any term or condition of
200	200	165employment or engagement. 10 of 31
201	201	166 I0. To discharge or otherwise discriminate against a TND because they have signed or
202	202	167filed any affidavit, petition or complaint or given any information or testimony under this
203	203	168chapter.
204	204	169 11.To distribute or circulate any blacklist of individuals exercising any right created
205	205	170or confirmed by this chapter or of members of a TND organization, or to inform any person of
206	206	171the exercise by any individual of such right, or of the membership of any individual in a TND
207	207	172organization for the purpose of preventing individuals so blacklisted or so named from obtaining
208	208	173or retaining opportunities for remuneration.
209	209	174 12.To do any acts, other than those already enumerated in this section, which
210	210	175interfere with, restrain or coerce TNDs in the exercise of the rights guaranteed by this chapter.
211	211	176 B. It shall be an unfair work practice for a TND organization to:
212	212	177 1. refuse to collectively bargain in good faith with a TNC, provided it is the certified
213	213	178or recognized representative of the company's workers. Since the obligation to negotiate in good
214	214	179faith includes an obligation to provide requested information that relates to the bargaining
215	215	180process, it is also an unfair work practice for a certified or recognized TND to refuse to provide
216	216	181information requested by a TNC organization that is relevant to the bargaining process;
217	217	182 2. restrain or coerce TNDs in the exercise of the rights guaranteed by this chapter;
218	218	183provided, however, that this paragraph shall not impair the right of a TND organization to
219	219	184prescribe its own rules with respect to the acquisition or retention of membership in the
220	220	185organization; 11 of 31
221	221	186 3. fail to fulfill its duty of fair representation toward TNDs where it is the exclusive
222	222	187bargaining representative by acts or omissions that are arbitrary, discriminatory, or in bad faith.
223	223	188 4. restrain or coerce a TNC in the selection of its representatives for the purpose of
224	224	189bargaining or the adjustment of grievances.
225	225	190 C. Prevention of unfair work practices.
226	226	191 1. The board is empowered and directed, as hereinafter provided, to prevent any
227	227	192TNC and any TND organization, from engaging in any unfair work practice described in this
228	228	193chapter. This power shall not be affected or impaired by any means of adjustment, mediation or
229	229	194conciliation in labor disputes that have been or may hereafter be established by law or by the
230	230	195determination provided for in section 6(F), below. To prevent unfair work practices, each TNC
231	231	196shall, at least once each year, send a text message and an e-mail to each of its active TNDs in a
232	232	197form determined by the board notifying the TNDs of their rights under this chapter, and the
233	233	198procedure for filing an unfair work practice charge. The board shall also post a copy of this
234	234	199notice on its website.
235	235	200 2. Whenever it is charged that any TNC or TND organization has engaged in or is
236	236	201engaging in any such unfair work practice, the board, or any agent or agency designated by the
237	237	202board for such purposes, shall have power to issue and cause to be served upon such TNC or
238	238	203TND organization, a complaint stating the charges in that respect, and containing a notice of
239	239	204hearing before the board or a member thereof, or before a designated agent or agency, at a place
240	240	205therein fixed, not less than five days after service of said complaint. Any such complaint may be
241	241	206amended by the member, agent or agency conducting the hearing or the board in its discretion at
242	242	207any time prior to the issuance of an order based thereon. The TNC or TND organization so 12 of 31
243	243	208complained of shall have the right to file an answer to the original or amended complaint and to
244	244	209appear in person or otherwise and give testimony at the place and time fixed in the complaint. In
245	245	210the discretion of the member, agent or agency conducting the hearing or the board, any other
246	246	211person may be allowed to intervene in the said proceeding and to present testimony. In any such
247	247	212proceeding, the rules of evidence prevailing in courts of law or equity shall not be controlling.
248	248	213 3. If, upon the record before them such member, agent, or agency shall determine
249	249	214that an unfair work practice has been committed by a TNC or TND organization named in the
250	250	215complaint, they shall issue and cause to be served upon the person committing the unfair work
251	251	216practice an order requiring such person to cease and desist from such unfair work practice, and to
252	252	217take such further affirmative action as will effectuate the provisions of this chapter including, but
253	253	218not limited to (a) withdrawal of recognition from and refraining from bargaining collectively
254	254	219with any organization or association, agency or plan that is either defined in this chapter as a
255	255	220company union, or established, maintained or assisted by any action defined in this chapter as an
256	256	221unfair work practice; (b) awarding back pay or other restoration of compensation, without any
257	257	222reduction based on the TND's interim earnings or failure to earn interim earnings, consequential
258	258	223damages, and an additional amount as liquidated damages equal to two times the amount of
259	259	224damages awarded; (c) requiring reengagement or reestablishment of the TNC's preexisting
260	260	225relationship with improperly, adversely affected TNDs, with or without compensation, or
261	261	226maintenance of a preferential list from which such worker shall be re-engaged or the relationship
262	262	227reestablished, and such order may further require such respondent to make reports from time to
263	263	228time showing the extent to which the order has been complied with;
264	264	229 (d) requiring respondent to provide the complainant with a list of all TNDs, together with
265	265	230those workers' physical and e-mail addresses and known telephone numbers; and (e) requiring 13 of 31
266	266	231the TNC to recognize and bargain with a TND organization if the board determines that the
267	267	232unfair work practice interfered with the TND's right to form or join a TND organization. If the
268	268	233member, agent, or agency determines that an unfair work practice has not been committed, they
269	269	234shall issue an order dismissing the complaint. An order issued pursuant to this subsection shall
270	270	235become final and binding unless, within ten days after notice thereof, any party requests review
271	271	236by the full board. A review may be made upon a written statement of the case by the member,
272	272	237agent, or agency agreed to by the parties, or upon written statements furnished by the parties, or,
273	273	238if any party or the board requests, upon a transcript of the testimony taken at the hearing, if any,
274	274	239together with such other testimony as the board may require.
275	275	240 If, upon the record before it, the board determines that an unfair practice has been
276	276	241committed it shall state its findings of fact and issue and cause to be served on the TNC or TND
277	277	242organization an order requiring such company or organization to cease and desist from such
278	278	243unfair work practice, and to take such further affirmative action as will effectuate the provisions
279	279	244of this chapter. If, upon the record before it, the board determines that an unfair work practice
280	280	245has not been committed, it shall state its findings of fact and shall issue an order dismissing this
281	281	246complaint.
282	282	247 4. Until the record in a case shall have been filed in a court, as hereinafter
283	283	248provided, the board may at any time, upon reasonable notice and in such manner as it shall deem
284	284	249proper, modify or set aside, in whole or in part, any finding or order made or issued by it.
285	285	250 5. The board may institute appropriate proceedings in the appeals court for
286	286	251enforcement of its final orders. 14 of 31
287	287	252 6. Any party aggrieved by a final order of the board may institute proceedings for
288	288	253judicial review in the appeals court within thirty days after receipt of said order. The proceedings
289	289	254in the appeals court shall, insofar as applicable, be governed by the provisions of section fourteen
290	290	255of chapter thirty A.
291	291	256 7. Injunctive relief.
292	292	257 (a) A party filing an unfair work practice charge under this section may petition the
293	293	258board to obtain injunctive relief, pending a decision on the merits of said charge by the board,
294	294	259upon a showing that: (i) there is reasonable cause to believe an unfair work practice has
295	295	260occurred, and (ii) it appears that immediate and irreparable injury, loss or damage will result
296	296	261thereby rendering a resulting judgment on the merits ineffectual necessitating the maintenance
297	297	262of, or return to, the status quo to provide meaningful relief. Such immediate and irreparable harm
298	298	263may include the chilling of workers in the exercise of rights provided by this chapter.
299	299	264 (b) Within ten days of the receipt by the board of such petition, if the board
300	300	265determines that a charging party has made a sufficient showing both that there is reasonable
301	301	266cause to believe an unfair work practice has occurred and it appears that immediate and
302	302	267irreparable injury, loss or damage will result therefrom, rendering a resulting judgment on the
303	303	268merits ineffectual necessitating maintenance of, or return to, the status quo to provide meaningful
304	304	269relief, the board shall petition the superior court in any county where the unfair work practice
305	305	270occurred upon notice to all parties for the necessary injunctive relief or, if the board determines
306	306	271not to seek injunctive relief, the charging party may seek injunctive relief by petition to the
307	307	272superior court, in which case the board must be joined as a necessary party. The board or, where
308	308	273applicable, the charging party, shall not be required to give any undertakings or bond and shall 15 of 31
309	309	274not be liable for any damages or costs that may have been sustained by reason of any injunctive
310	310	275relief ordered. If the board fails to act within ten days as provided herein, the board, for purposes
311	311	276of review, shall be deemed to have made a final order determining not to seek injunctive relief.
312	312	277In the case of a TNC's failure to provide an accurate list of names and addresses of TNDs,
313	313	278immediate and irreparable injury, loss, or damage shall be presumed.
314	314	279 (c) Injunctive relief may be granted by the court, after hearing all parties, if it
315	315	280determines that there is reasonable cause to believe an unfair work practice has occurred and that
316	316	281it appears that immediate and irreparable injury, loss, or damage will result thereby rendering a
317	317	282resulting judgment on the merits ineffectual necessitating maintenance of, or return to, the status
318	318	283quo to provide meaningful relief. Such relief shall expire on decision by the board finding no
319	319	284unfair work practice to have occurred, successful appeal of the grant of injunction relief, or
320	320	285motion by respondent to vacate or modify the injunction pursuant to the provisions of the rules of
321	321	286civil procedure. The board shall conclude the hearing process and issue a decision on the merits
322	322	287within one hundred eighty days after the imposition of such injunctive relief unless mutually
323	323	288agreed by the respondent and charging party.
324	324	289 (d) A decision on the merits of the unfair work practice charge by the board finding
325	325	290an unfair work practice to have occurred shall continue the injunctive relief until either: (i) the
326	326	291respondent implements the remedy, or (ii) the respondent successfully moves in court to set aside
327	327	292the board's order, pursuant to provisions of Chapter 30A of the General Laws.
328	328	293 (e) Any injunctive relief in effect pending a decision by the board (i) shall expire
329	329	294upon a decision by the board finding no unfair work practice to have occurred, of which the
330	330	295board shall notify the court within two business days, or (ii) shall remain in effect only to the 16 of 31
331	331	296extent it implements any remedial order issued by the board in its decision, of which the board
332	332	297shall notify the court within two business days.
333	333	298 (f)The appeal of any order granting, denying, modifying, or vacating injunctive
334	334	299relief ordered by the court pursuant to this subdivision shall be made in accordance with the rules
335	335	300of appellate procedure.
336	336	301 (g)Except as provided in this section, judicial review of the orders of the board shall
337	337	302be as provided for section 9, below.
338	338	303 Section 5. Representatives.
339	339	304 A. After receiving the information identified in Section 2(A) from each TNC at the
340	340	305conclusion of each calendar quarter (March 31, June 30, September 30, December 31), the board
341	341	306shall provide each TNC with the names of the active TNDs who have driven for that TNC, and
342	342	307each TNC shall have 30 days to submit to the board, in an electronic format to be determined by
343	343	308the board, the phone numbers, mailing addresses, and email addresses for each active TND.
344	344	309These records shall not be subject to disclosure pursuant to Chapter 66 of the General Laws.
345	345	310 B. Bargaining unit. For purposes of this chapter, each TND shall be included in an
346	346	311industry-wide bargaining unit of all TNDs.
347	347	312 C. Showing of designation of representative. A TND organization may demonstrate
348	348	313that it has been designated as a bargaining representative by presenting to the board cards,
349	349	314petitions, or other evidence, which may be in electronic form, sufficient to show the TND has
350	350	315authorized the TND organization to act as the worker's exclusive bargaining representative. To
351	351	316be valid, such card, petition, or other evidence must have been executed by the worker within 17 of 31
352	352	317one year of the date the TND organization submits the evidence to the board. Execution may be
353	353	318electronic.
354	354	319 D. Representative status.
355	355	320 1. Upon the request of a TND organization, the board shall make a determination
356	356	321that such organization has been designated as bargaining representative by at least five percent of
357	357	322active TNDs in the bargaining unit.
358	358	323 2. Once the board determines that the TND organization has been designated as the
359	359	324bargaining representative of at least five percent of active TNDs in the bargaining unit, the board
360	360	325shall (a) require each TNC to send a notice, in a form determined by the board, that the TND
361	361	326organization is seeking to represent TNDs for the purpose of initiating a bargaining process in
362	362	327order to establish terms and conditions for the industry; and (b) provide the TND organization
363	363	328with a complete list of names, phone numbers, mailing address, and electronic mail address for
364	364	329all active TNDs in the bargaining unit. The board will provide the TND organization with an
365	365	330updated list each quarter for the next year. For six months from the date of the board's
366	366	331determination that a TND organization has met the five percent threshold in a bargaining unit, no
367	367	332other TND organization may be certified as the exclusive bargaining representative of those
368	368	333workers without an election.
369	369	334 3. Exclusive representative status. A TND organization that provides evidence to the
370	370	335board that it has been designated as bargaining representative by twenty-five percent of active
371	371	336TNDs in the bargaining unit shall be certified as the exclusive bargaining representative of all
372	372	337TNDs in the bargaining unit. In the alternative, a TND organization that has been designated as
373	373	338the bargaining representative of at least five percent of active TNDs in the bargaining unit may 18 of 31
374	374	339petition the board to conduct an election. The election shall be conducted as expeditiously as
375	375	340possible, and if the TND organization receives a majority of valid votes cast it shall be certified
376	376	341as the exclusive bargaining representative.
377	377	342 4. Determination of Exclusive Representative Status in the Event of a Dispute
378	378	343among TND organizations.
379	379	344 (a) If a TND organization seeking certification as the exclusive bargaining
380	380	345representative provides evidence that shows that less than a majority of active TNDs have
381	381	346designated the TND organization as their bargaining representative, the board shall wait seven
382	382	347days before certifying the TND organization as exclusive bargaining representative. If, during
383	383	348those seven days, another TND organization provides evidence that at least 25 percent of active
384	384	349TNDs in the bargaining unit have designated it as their bargaining representative, or a TND
385	385	350provides evidence that at least 25 percent of active TNDs in the bargaining unit do not wish to be
386	386	351represented by any TND organization, then the board shall hold an election among all active
387	387	352TNDs in the bargaining unit. Such election shall be conducted as expeditiously as possible. A
388	388	353TND organization receiving a majority of the valid votes cast shall be certified as the exclusive
389	389	354bargaining representative of all TNDs in the bargaining unit. When two or more TND
390	390	355organizations are on the ballot and none of the choices (the TND organizations or "no worker
391	391	356organization") receives a majority of the valid votes cast, there shall be a run-off election
392	392	357between the two choices receiving the largest and second largest number of votes. A TND
393	393	358organization receiving a majority of the valid votes cast in the run-off shall be certified as the
394	394	359exclusive bargaining representative of all TNDs in the bargaining unit, and it shall owe a duty to
395	395	360fairly represent all such workers. If a majority of the valid votes cast are for "no worker
396	396	361organization," then the board will not certify any worker organization as the exclusive bargaining 19 of 31
397	397	362representative. For purposes of this provision, the operative list of active TNDs shall be based on
398	398	363the most recent quarterly list provided by the TNCs in accordance with section 5(A).
399	399	364 (b)A TND organization certified as the exclusive bargaining representative shall
400	400	365have the exclusive authority to represent the TNDs in the bargaining unit, without challenge by
401	401	366another TND organization, for the greater of (i) one year following certification; or (ii) the length
402	402	367of time that a final determination rendered by the Secretary of Labor under section 6(F) is in
403	403	368effect, provided that such period shall not be longer than three years following the date of
404	404	369issuance of such final determination. During the times when an exclusive bargaining
405	405	370representative is subject to challenge, TNDs may file for a decertification election upon a
406	406	371showing that at least twenty-five percent of the active TNDs in the bargaining unit have
407	407	372demonstrated support for the decertification. The board will then schedule an election to
408	408	373determine whether the TND organization has retained its status as exclusive bargaining
409	409	374representative. The TND organization shall retain its status as exclusive bargaining
410	410	375representative if it receives a majority of valid votes cast by active TNDs in the bargaining unit.
411	411	376 (c)If a TND organization has been designated the exclusive bargaining
412	412	377representative with respect to a bargaining unit, only that TND organization shall be entitled to
413	413	378(i) receive from the TNCs a list of all of their TNDs, together with phone numbers, mailing
414	414	379addresses, and electronic mail addresses; and (ii) shall be entitled to engage in bargaining with
415	415	380the TNCs for recommendations to the Secretary of Labor concerning wages, benefits and terms
416	416	381and conditions of work of the TNDs.
417	417	382 (d)Dues Deduction. A TND organization that has been designated as the exclusive
418	418	383bargaining representative with respect to the bargaining unit shall have a right to voluntary 20 of 31
419	419	384membership dues deduction upon presentation of dues deduction authorization cards signed by
420	420	385individual TNDs, which may be in electronic form. A TNC shall commence making such
421	421	386deductions as soon as practicable, but in no case later than thirty days after receiving proof of a
422	422	387signed dues deduction authorization card, and such dues shall be submitted to the TND
423	423	388organization within thirty days of the deduction. A TNC shall accept a signed authorization to
424	424	389deduct dues in any format permitted by Chapter 11OG of the General Laws. The right to such
425	425	390membership dues deduction shall remain in full force and effect until an individual revokes
426	426	391membership in the TND organization in writing in accordance with the terms of the signed
427	427	392authorization.
428	428	393 Section 6. Bargaining, Impasse resolution procedures, and final determination by the
429	429	394Secretary of Labor.
430	430	395 A. Once the board determines that a TND organization is the exclusive bargaining
431	431	396representative for the bargaining unit, the board shall notify all TNCs, and all TNCs shall be
432	432	397required to bargain with the exclusive bargaining representative concerning wages, benefits, and
433	433	398terms and conditions of work. The terms and conditions to be bargained include, but are not
434	434	399limited to, the criteria for deactivating a TND and a dispute resolution procedure for resolving
435	435	400claims alleging unjust deactivation. To facilitate negotiations, the TNCs may form an industry
436	436	401association to negotiate on their behalf. If the TNCs choose not to form an association, any
437	437	402recommended agreement must be approved by (i) at least two industry member TNCs and (ii)
438	438	403member TNCs representing at least eighty percent of the market share of that industry in
439	439	404Massachusetts, with votes determined in proportion to the number of rides completed by TNDs
440	440	405contracting directly with the TNC in the two calendar quarters preceding the recognition of the
441	441	406certified representative. 21 of 31
442	442	407 B. Once the TND organization and the TNCs have reached a set of negotiated
443	443	408recommendations for the industry, the negotiated recommendations shall be submitted by the
444	444	409TND organization to a vote by all TNDs in the industry who have completed at least one
445	445	410hundred trips in the previous quarter. If approved by a majority of TNDs who vote, the
446	446	411negotiated recommendations shall be submitted to the Secretary of Labor for approval. If a
447	447	412majority of valid votes cast by the TNDs are not in favor of the negotiated recommendations, the
448	448	413transportation network worker organization and the TNCs will resume bargaining.
449	449	414 C. For purposes of this section, an impasse may be deemed to exist if the TNCs and
450	450	415exclusive bargaining representative fail to achieve agreement by the end of a one hundred eighty-
451	451	416day period from the date a TND organization has been designated as the exclusive bargaining
452	452	417representative or from the expiration date of a prior determination by the Secretary of Labor as
453	453	418provided for in paragraph F, below.
454	454	419 D. Upon impasse, any of the affected TNCs or the exclusive bargaining
455	455	420representative may request the board to render assistance as provided in this section.
456	456	421 E. Upon receiving a timely request from an exclusive bargaining representative for
457	457	422commencement of an impasse proceeding, the board shall aid the parties as follows:
458	458	423 1. To assist the parties to effect a voluntary resolution of the dispute, the board shall
459	459	424appoint a mediator from a list of qualified persons maintained by the board; the parties shall be
460	460	425free to select a mediator satisfactory to them or to decline such selection.
461	461	426 2. If the mediator is unable to achieve agreement between the parties concerning an
462	462	427appropriate resolution within thirty days after the board has provided the parties the list of
463	463	428mediators, any party may petition the board to refer the dispute to an arbitrator. 22 of 31
464	464	429 3. Upon timely petition of either party, the board shall refer the dispute to an
465	465	430arbitrator as hereinafter provided.
466	466	431 (a) Prior to submitting the dispute to an arbitrator, the board shall conduct an election
467	467	432among all TNDs in the industry who have completed at least one hundred trips in the previous
468	468	433quarter. The TNDs will choose between submitting the dispute to the arbitrator or decertifying
469	469	434the exclusive bargaining representative. If the majority of eligible votes cast are for
470	470	435decertification the exclusive bargaining representative shall be decertified and any existing
471	471	436regulations shall remain in place until they expire as provided in paragraph F below.
472	472	437 (b). If a majority of TNDs who vote choose to have an arbitrator appointed, the exclusive
473	473	438bargaining representative shall notify the board of the need to appoint an arbitrator, and the board
474	474	439shall notify the TNCs of this request. Each of the two groups of affected parties (affected TNCs
475	475	440being one group, and the exclusive bargaining representative being the other group) shall have an
476	476	441equal say in the selection of the arbitrator and each of the two groups shall share equally the cost
477	477	442of the arbitrator. If the parties are unable to agree upon the arbitrator within seven days after the
478	478	443board notifies the TNCs of the need to appoint an arbitrator, the board shall submit to the parties
479	479	444a list of qualified, disinterested persons for the selection of an arbitrator. A representative of each
480	480	445of the two groups shall alternately strike from the list one of the names with the order of striking
481	481	446determined by lot, until the remaining one person shall be designated as the arbitrator. Each
482	482	447group shall select its representative for this purpose as it sees fit. A group's failure to agree upon
483	483	448the designation of its representative shall result in the failure of the striking procedure, but shall
484	484	449not impede the board's appointment of the arbitrator upon such failure. The striking process shall
485	485	450be completed within five days of receipt of the board's list. The representatives who undertake
486	486	451the striking shall notify the board of the designated arbitrator. In the event the parties are unable 23 of 31
487	487	452to select the arbitrator within five days following receipt of this list, the board shall appoint the
488	488	453arbitrator.
489	489	454 (c)The arbitrator shall hold hearings on all matters related to the dispute. The parties
490	490	455may be heard either in person, by counsel, or by other representatives, as they may respectively
491	491	456designate. The arbitrator shall determine the order of presentation by the parties, and shall have
492	492	457discretion and authority to decide all procedural issues that may be raised;
493	493	458 (d)The parties, including all TNCs engaging at least fifty TNDs in the bargaining
494	494	459unit and the exclusive bargaining representative affected, may present, either orally or in writing,
495	495	460or both, statements of fact, supporting witnesses and other evidence, and argument of their
496	496	461respective positions with respect to each case. The arbitrator shall have authority to require the
497	497	462production of such additional evidence, either oral or written as she or he may desire from the
498	498	463parties and shall provide at the request of either group of parties that a full and complete record
499	499	464be kept of any such hearings, the cost of such record to be borne by the requesting party. If such
500	500	465record is created, it shall be shared with all parties regardless of which party paid for it.
501	501	466 (e)Any TNC engaging less than fifty TNDs in the bargaining unit shall have the
502	502	467opportunity to make a written submission to the arbitrator.
503	503	468 (f)The arbitrator shall make a just and reasonable determination of the matters in
504	504	469dispute, and shall issue a determination that shall apply to all TNCs and the exclusive bargaining
505	505	470representative. In arriving at such determination, the arbitrator shall specify the basis for his or
506	506	471her findings, taking into consideration, in addition to any factors recommended by the parties
507	507	472that the arbitrator finds to be consistent with this chapter, including the following:
508	508	473 i. whether the wages, benefits, hours, and conditions of work 24 of 31
509	509	474 of the TNDs achieve the policy goals set forth subdivision A of Section I. This amount
510	510	475must take into account the real cost of living, it may substantially exceed any statutory minimum
511	511	476wage, and should be a sufficient amount such that the TNDs do not need to rely upon any public
512	512	477benefits;
513	513	478 ii.whether the most efficient way to provide benefits is through
514	514	479 a portable benefits fund, and if so, how to best assess each TNC a portion of the costs of
515	515	480providing those benefits;
516	516	481 iii.the financial ability of the affected TNCs to pay for the compensation and benefits
517	517	482in question and the impact on the delivery of services provided by the companies;
518	518	483 iv.the establishment of reasonable dispute resolution mechanisms that will allow
519	519	484TNDs a reasonable expectation of uninterrupted work and permit TNCs to alter or terminate their
520	520	485relationships with workers if there is just cause for such; and
521	521	486 v. comparison of peculiarities in regard to other trades or professions, including
522	522	487specifically, (a) hazards of work; (b) physical qualifications; (c) educational qualifications; (d)
523	523	488mental qualifications; and (e) job training and skills.
524	524	489 F. Any recommendations agreed upon between TNCs and a TND organization
525	525	490acting as exclusive bargaining representative of TNDs in the bargaining unit and/or any
526	526	491determination reached by an arbitrator under this chapter shall be subject to review and approval
527	527	492by the Secretary of Labor. In deciding whether to grant approval to the arbitrator's
528	528	493recommendations, the Secretary of Labor's decision shall be based on the factors specified in
529	529	494paragraph E(3)(f), above, and the policies set forth in section I. In deciding whether to approve 25 of 31
530	530	495such agreement or determination, the Secretary of Labor shall afford the exclusive
531	531	496representative, all TNCs, and TNDs no more than thirty days to submit comments and arguments
532	532	497concerning whether approval is warranted. Within sixty days of the deadline for submitting
533	533	498comments, the Secretary of Labor shall approve or disapprove the agreement or determination.
534	534	499In the event of disapproval, the Secretary of Labor may make recommendations for amendments
535	535	500to the agreement or determination that would cause the Secretary of Labor to approve and afford
536	536	501the parties an opportunity to respond to those recommendations. The final determination by the
537	537	502Secretary of Labor shall include a date following which new terms may be set for the bargaining
538	538	503unit which date shall not be more than three years following the date of the issuance of the
539	539	504determination. If during the three year period (or any lesser period that the Secretary of Labor
540	540	505sets as a duration for the final determination), the Secretary of Labor determines that market
541	541	506conditions have changed, the Secretary of Labor shall give the exclusive bargaining
542	542	507representative, all TNCs, and TNDs the opportunity to submit comments and arguments
543	543	508concerning whether the final determination should be modified, and after receiving those
544	544	509comments, the Secretary of Labor may modify the final determination.
545	545	510 Section 7. Minimum Labor Standards. No agreement or determination made pursuant to
546	546	511this chapter shall diminish or erode any minimum labor standard that would otherwise apply to a
547	547	512TND.
548	548	513 Section 8. Preemption. This law shall not preempt any commonwealth enactment which
549	549	514provides greater benefits or protection to a TND.
550	550	515 Section 9. Judicial Review. 26 of 31
551	551	516 A. Final orders of the board made pursuant to this chapter shall be conclusive against
552	552	517all parties to its proceedings and persons who have had an opportunity to be parties to its
553	553	518proceedings unless reversed or modified in proceedings for enforcement or judicial review as
554	554	519herein provided. Final orders of the board shall be subject to review as provided in section 6 of
555	555	520Chapter 150A of the General Laws, provided that a final order of the board under section 5 of
556	556	521this chapter concerning the scope of bargaining units or the designation of a TND organization as
557	557	522an exclusive bargaining representative or as entitled to the production of lists of TNDs shall be
558	558	523overturned only if it is found to be arbitrary and capricious.
559	559	524 B. Final orders of the Secretary of Labor pursuant to section 6(F) of this chapter shall
560	560	525be conclusive against all affected TND organizations and all TNCs in the industry unless
561	561	526reversed or modified in proceedings for enforcement or judicial review as herein provided. Such
562	562	527final orders shall be subject to review in accordance with the provisions of section fourteen of
563	563	528chapter 30A of the General Laws, provided, however, that the determination of the Secretary of
564	564	529Labor shall only be overturned if it is found to be arbitrary and capricious.
565	565	530 (C) Except in a proceeding brought to challenge a final order of the Secretary of Labor,
566	566	531the determination of an arbitrator shall not be subject to judicial review.
567	567	532 Section 10. Rules and Regulations.
568	568	533 The board shall make such rules and regulations as may be appropriate to effectuate the
569	569	534purposes and provisions of this chapter.
570	570	535 Section 11. Conflict of Laws. 27 of 31
571	571	536 In the event of any conflict with Chapter 150A of the General Laws, the provisions of
572	572	537this Chapter shall prevail.
573	573	538 Section 12. Severability.
574	574	539 The provisions of this act shall be severable and if any phrase, clause, sentence or
575	575	540provision of this article or the applicability thereof to any person, entity, or circumstance shall be
576	576	541held invalid, the remainder of this act and the application thereof shall not be affected. 28 of 31
577	577	FIRST TEN SIGNERS
578	578	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
579	579	CERTIFICATE OF THE ATTORNEY GENERAL.
580	580	Honorable William Francis Galvin
581	581	Secretary of the Commonwealth
582	582	One Ashburton Place, Room 1705
583	583	Boston, Massachusetts 02108
584	584	RE: Initiative Petition No. 23-25: An Act giving transportation network
585	585	drivers the option to form a union and bargain collectively
586	586	Dear Secretary Galvin:
587	587	In accordance with the provisions of Article 48 of the Amendments to
588	588	the Massachusetts Constitution, I have reviewed the above-referenced initiative
589	589	petition, which was submitted to me on or before the first Wednesday of August
590	590	of this year.
591	591	I hereby certify that this measure is in proper form for submission to
592	592	the people; that the measure is not, either affirmatively or negatively,
593	593	substantially the same as any measure which has been qualified for submission
594	594	or submitted to the people at either of the two preceding biennial state elections;
595	595	and that it contains only subjects that are related or are mutually dependent and
596	596	which are not excluded from the initiative process pursuant to Article 48, the
597	597	Initiative, Part 2, Section 2.
598	598	In accordance with Article 48, I enclose a fair, concise summary of the
599	599	measure.
600	600	Sincerely,
601	601	ANDREA JOY CAMPBELL,
602	602	Attorney General. 30 of 31
603	603	Summary of 23-25
604	604	The proposed law would provide Transportation Network Drivers (“Drivers”) with the
605	605	right to form unions (“Driver Organizations”) to collectively bargain with Transportation
606	606	Network Companies (“Companies”)-which are companies that use a digital network to connect
607	607	riders to drivers for pre-arranged transportation-to create negotiated recommendations
608	608	concerning wages, benefits and terms and conditions of work. Drivers would not be required to
609	609	engage in any union activities. Companies would be allowed to form multi-Company
610	610	associations to represent them when negotiating with Driver Organizations. The state would
611	611	supervise the labor activities permitted by the proposed law and would have responsibility for
612	612	approving or disapproving the negotiated recommendations. The proposed law would define
613	613	certain activities by a Company or a Driver Organization to be unfair work practices. The
614	614	proposed law would establish a hearing process for the state Employment Relations Board
615	615	(“Board”) to follow when a Company or Driver Organization is charged with an unfair work
616	616	practice. The proposed law would permit the Board to take action, including awarding
617	617	compensation to adversely affected Drivers, if it found that an unfair work practice had been
618	618	committed. The proposed law would provide for an appeal of a Board decision to the state
619	619	Appeals Court.
620	620	This proposed law also would establish a procedure for determining which Drivers are
621	621	Active Drivers, meaning that they completed more than the median number of rides in the
622	622	previous six months. The proposed law would establish procedures for the Board to determine
623	623	that a Driver Organization has signed authorizations from at least five percent of Active Drivers,
624	624	entitling the Driver Organization to a list of Active Drivers; to designate a Driver Organization
625	625	as the exclusive bargaining representative for all Drivers based on signed authorizations from at
626	626	least twenty-five percent of Active Drivers; to resolve disputes over exclusive bargaining status,
627	627	including through elections; and to decertify a Driver Organization from exclusive bargaining
628	628	status. A Driver Organization that has been designated the exclusive bargaining representative
629	629	would have the exclusive right to represent the Drivers and to receive voluntary membership
630	630	dues deductions. Once the Board determined that a Driver Organization was the exclusive
631	631	bargaining representative for all Drivers, the Companies would be required to bargain with that
632	632	Driver Organization concerning wages, benefits and terms and conditions of work. Once the
633	633	Driver Organization and Companies reached agreement on wages, benefits, and the terms and
634	634	conditions of work, that agreement would be voted upon by all Drivers who has completed at
635	635	least 100 trips the previous quarter. If approved by a majority of votes cast, the recommendations
636	636	would be submitted to the state Secretary of Labor for approval and if approved, would be
637	637	effective for three years. The proposed law would establish procedures for the mediation and
638	638	arbitration if the Driver Organization and Companies failed to reach agreement within a certain
639	639	period of time. An arbitrator would consider factors set forth in the proposed law, including
640	640	whether the wages of Drivers would be enough so that Drivers would not need to rely upon any
641	641	public benefits. The proposed law also sets out procedures for the Secretary of Labor’s review
642	642	and approval of recommendations negotiated by a Driver Organization and the Companies and
643	643	for judicial review of the Secretary’s decision. The proposed law states that neither its
644	644	provisions, an agreement nor a determination by the Secretary would be able to lessen labor
645	645	standards established by other laws. If there were any conflict between the proposed law and
646	646	existing Massachusetts labor relations law, the proposed law would prevail. The Board would 31 of 31
647	647	make rules and regulations as appropriate to effectuate the proposed law. The proposed law
648	648	states that, if any of its parts were declared invalid, the other parts would stay in effect.