Uber and Lyft drivers in Massachusetts can form unions and collectively bargain with their employers after voters approved a ballot measure in the state Tuesday.
Just under 54% of voters approved Question 3, which provides a novel framework for ride-share drivers to form unions and bargain collectively for improved conditions, pay and benefits.
Under the measure, drivers for companies like Lyft and Uber could officially form a union after receiving signatures from at least 25% of drivers in the state. About 70,000 ride-share drivers are in Massachusetts, according to data from Uber and Lyft.
Uber and Lyft drivers are specified as “independent contractors” by the companies and aren’t considered employees. The new measure didn’t redefine the drivers as employees, meaning the new rule clashes with the National Labor Relations Act, which doesn’t protect the rights of independent contractors to form a union.
Critics said the failure of the measure to codify the drivers as employees leaves the rule open to legal challenge due to its conflict with the NLRA.
Still, the measure’s victory is a significant development in the battle to define ride-share drivers. Massachusetts has led the push to enact more progressive policies toward the drivers. In June, the state’s attorney general, Andrea Campbell, secured a massive settlement against Uber and Lyft, requiring the companies to enact a $35.50-an-hour minimum wage and pay a $175 million fine to settle claims they had unfairly treated their drivers.
• Vaughn Cockayne can be reached at vcockayne@washingtontimes.com.
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