Massachusetts has passed a statewide ballot initiative allowing rideshare drivers to form a union while remaining independent contractors. The initiative was launched by the Service Employees International Union and the International Association of Machinists and Aerospace Workers. It passed by about 54 percent of the vote.
The would allow the state’s 70,000 rideshare drivers to form unions and exercise collective bargaining power not allowed to independent contractors under the National Labor Relations Act. Those workers can form a union if they get signatures from at least 25 percent of active drivers in Massachusetts. The initiative also creates a hearing process for drivers from companies like Lyft and Uber to bring complaints about unfair labor practices to the state board. However, the ballot initiative lacks strike protection language. This also does not apply to food delivery drivers.
Uber and Lyft have not actively campaigned against the Massachusetts measure, but they have raised concerns about the specific language. Some labor advocates also opposed the initiative, warning that it could hinder efforts to recognize rideshare drivers as full-time employees. “We’re not anti-union,” said Kelly Cobb-Lemire, an organizer with Massachusetts Drivers United. . “But we don’t feel it goes far enough.”
Independent contractors are often not protected by federal or state labor laws because they are not full-time employees. The Massachusetts ballot measure could set a precedent for other states to offer union options for gig workers. California has been a battleground for labor protections for gig workers who drive for Uber and Lyft for several years. Recently, the court California drivers will retain independent contractor status.
