On Tuesday Massachusetts voted to become the first state to allow gig-working drivers to join labor unions, reports WBUR:
Since these gig workers are classified as independent contractors, federal law allowing employees the right to unionize does not apply to them. With the passage of this ballot initiative, Massachusetts is the first state to give ride-hailing drivers the ability to collectively bargain over working conditions.
Supporters have said the ballot measure “could provide a model for other states to let Uber and Lyft drivers unionize,” reports Reuters, “and inspire efforts to organize them around the United States.”
Roxana Rivera, assistant to the president of 32BJ SEIU, an affiliate of the Service Employees International Union, that had spearheaded a campaign to pass the proposal, said its approval shows that Massachusetts voters want drivers to have a meaningful check against the growing power of app-based companies… The Massachusetts vote was the latest front in a years-long battle in the United States over whether ride-share drivers should be considered to be independent contractors or employees entitled to benefits and wage protections. Studies have shown that using contractors can cost companies as much as 30% less than employees.
Drivers for Uber and Lyft, including approximately 70,000 in Massachusetts, do not have the right to organize under the National Labor Relations Act… Under the Massachusetts measure, drivers can form a union after collecting signatures from at least 25% of active drivers in Massachusetts, and companies can form associations to allow them to jointly negotiate with the union during state-supervised talks.
But the Boston Globe points out that the measure ” divided labor advocates in Massachusetts, some of whom worry it would in fact be a step backward in the lengthy fight to boost the rights of gig workers.”
Those concerns led the state’s largest labor organization, the AFL-CIO, to remain neutral. But two unions backing the effort, the SEIU 32BJ and the International Association of Machinists, say allowing drivers to unionize, even if not as full employees, will help provide urgently needed worker protections and better pay and safety standards.