MA Uber Drivers Seek Union Rights: Insights from HRPA’s NLRB Report

Massachusetts voters could allow Uber and Lyft drivers in the state to unionize through a ballot proposal in next week’s election. If passed, the ballot initiative will represent a new frontier in labor relations.

• Rideshare drivers would be given the same rights as employees under federal labor law: to organize, engage in collective actions, and collectively bargain.

• Employers would be prohibited from engaging in specific delineated unfair labor practices which mirror federal labor law. 

• Bargaining units would be industry-wide (i.e., all rideshare drivers).

• The state would establish a rideshare-specific labor board that would oversee union activities and elections and adjudicate alleged unfair labor practices. 

• Rideshare companies would need to provide the rideshare labor Board information on all of its drivers. 

• The law provides for sectoral bargaining – a union that has been designated as the bargaining representative of at least 5% of drivers can bargain terms and conditions for the entire industry.

Why it matters: If the ballot measure passes, the legal framework it creates is likely to be a model for other states. California, Washington, and New York all have high numbers of rideshare drivers and Democratic political control.  

• The law normalizes a new approach as neither union rights for contractors nor sectoral bargaining are common in the United States.

• The model could be adopted for other contractor populations beyond rideshare drivers. 

• Employers with large contractor populations may become more vulnerable to unionization than before, and European-style industry-wide bargaining could gain a foothold.

Catch up on the latest labor and NLRB developments in HR Policy’s newly-released Q3 2024 NLRB Report. 

• The report provides a comprehensive update of law and policy developments at the National Labor Relations Board, including significant decisions, rulemakings, general counsel initiatives, and more.