Massachusetts has passed a statewide ballot initiative that gives rideshare drivers the opportunity to form a union while still being independent contractors. The initiative was sponsored by the Service Employees International Union and the International Association of Machinists and Aerospace Workers. It passed with a narrow margin of about 54% of the votes.
The measure would allow the state’s 70,000 rideshare drivers to form unions and take advantage of collective bargaining rights, which the National Labor Relations Act does not allow for independent contractors. . These workers can form a union if they receive signatures from at least 25 percent of active drivers in Massachusetts. The initiative would also create a hearing process for drivers from companies like Lyft and Uber to file complaints with the state commission about unfair labor practices. However, the ballot initiative does not include language regarding strike protections. It also does not apply to food delivery drivers.
Uber and Lyft are not actively campaigning against the Massachusetts measure, but have expressed concerns about the specific language. Some labor advocates also opposed the effort, warning that it could hinder rideshare drivers’ efforts to be recognized as full-time employees. “We’re not against unionization,” Kelly Cobb Lemire, an organizer with Massachusetts Drivers United, told the New York Times. “But we feel this is not enough.”
Because independent contractors are not full-time employees, they are often not protected by federal or state labor laws. Massachusetts’ ballot measure could set a precedent for other states to offer gig workers the option to unionize. In recent years, California has become a battleground for labor protections for gig workers who drive for Uber and Lyft. Most recently, a court allowed California drivers to retain independent contractor status.
