Uber Drivers' Unionization in British Columbia Sets Precedent

The recent unionization of Uber drivers in Victoria marks a pivotal moment in Canada's labor landscape, particularly for gig economy workers.

HR Policy Global’s Take: The move underscores a significant shift in union rights of gig workers in Canada. It is also set to impact dependent contractors across the five Canadian regions where labor boards can certify a union through card check. Employers need to be vigilant about this development.

The backdrop: In July, the British Columbia Labour Relations Board certified UFCW-Canada as the bargaining representative for over 500 Uber drivers. This decision is the first instance of gig workers achieving unionized status in North America.

The UFCW (United Food and Commercial Workers) secured bargaining rights with minimal opposition from Uber, due to two key legal provisions in the B.C. labor legislation.

• Card-check certification: This rule allows a union to be certified if it presents evidence of membership from a majority of the bargaining unit, without requiring a vote, which UFCW achieved by demonstrating over 55% driver membership.
• Dependent contractors as employees on organizing: UFCW benefited from the legal classification of "dependent contractors" as "employees" for the purpose of collective bargaining.

What's next: The upcoming collective bargaining negotiations between UFCW Local 1518 and Uber will be closely watched, as they will set important precedents for labor relations within the gig economy, and for dependent contractors.

• Key issues expected to be addressed include the unique challenges posed by gig work, such as algorithmic management and inconsistent work schedules, which complicate traditional bargaining frameworks.

Around the region: U.S. gig workers remain classified as independent contractors, which excludes them from NLRA protections such as the rights to collective bargaining and striking. However, there is a growing movement to advocate for enhanced protections.

In Mexico, a recent law provides that platform workers will be deemed employees, thus gaining full employment protections, if their net monthly earnings from this work are more than the minimum wage.