Massachusetts voters have approved of an initiative to give ride-hailing drivers the ability to form unions.
The "yes" vote on Ballot Question 3 has won, according to a race call from The Associated Press after noon on Wednesday. The votes clear the way for drivers to bargain with transportation network companies, like Uber and Lyft, over wages, benefits and work conditions.
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.
In addition, this law provides a framework for how a drivers union would form.
Active drivers, defined as those who completed 100 or more trips in the past quarter, could participate in the unionization process. If 5% of active drivers support the formation of a union, the Employment Relations Board would allow those organizing to obtain a list of drivers for the app company. Then, if 25% of all active drivers give their support, the union will become the exclusive bargaining representative for all drivers in the state.
While the law does not require drivers to join the union, non-members could be charged union fees.
Proponents of the ballot question said a union would give more security to drivers who rely on the work as their primary source of income. Advocates for the initiative include the Local 32BJ -- an affiliate of the Service Employees International Union -- the International Association of Machinists and Attorney General Andrea Campbell.
Those who opposed the initiative argued it could increase costs for customers, or decrease take-home pay for drivers because of union dues. The advocacy organization Massachusetts Drivers United also criticized the initiative for being "too limiting," since it does not apply to other app-based gig drivers, like delivery drivers for GrubHub or Instacart. The organization instead wants the state Legislature to pass a law classifying all app-based drivers as employees.
The passage of this law comes on the heels of a big settlement that went into effect in August after the state sued Uber and Lyft over their treatment of workers. The companies agreed to a $32.50 minimum wage for ride-hailing drivers and other benefits, like earned sick pay.