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Summary of Question 3
The proposed law would provide Transportation Network Drivers (?Drivers?) with the right to form unions (?Driver Organizations?) to collectively bargain with Transportation Network Companies (?Companies?)-which are companies that use a digital network to connect riders to drivers for pre-arranged transportation-to create negotiated recommendations concerning wages, benefits and terms and conditions of work. Drivers would not be required to engage in any union activities. Companies would be allowed to form multi-Company associations to represent them when negotiating with Driver Organizations. The state would supervise the labor activities permitted by the proposed law and would have responsibility for approving or disapproving the negotiated recommendations. The proposed law would define certain activities by a Company or a Driver Organization to be unfair work practices. The proposed law would establish a hearing process for the state Employment Relations Board (?Board?) to follow when a Company or Driver Organization is charged with an unfair work practice. The proposed law would permit the Board to take action, including awarding compensation to adversely affected Drivers, if it found that an unfair work practice had been committed. The proposed law would provide for an appeal of a Board decision to the state Appeals Court. This proposed law also would establish a procedure for determining which Drivers are Active Drivers, meaning that they completed more than the median number of rides in the previous six months. The proposed law would establish procedures for the Board to determine that a Driver Organization has signed authorizations from at least five percent of Active Drivers, entitling the Driver Organization to a list of Active Drivers; to designate a Driver Organization as the exclusive bargaining representative for all Drivers based on signed authorizations from at least twenty-five percent of Active Drivers; to resolve disputes over exclusive bargaining status, including through elections; and to decertify a Driver Organization from exclusive bargaining status. A Driver Organization that has been designated the exclusive bargaining representative would have the exclusive right to represent the Drivers and to receive voluntary membership dues deductions. Once the Board determined that a Driver Organization was the exclusive bargaining representative for all Drivers, the Companies would be required to bargain with that Driver Organization concerning wages, benefits and terms and conditions of work. Once the Driver Organization and Companies reached agreement on wages, benefits, and the terms and conditions of work, that agreement would be voted upon by all Drivers who has completed at least 100 trips the previous quarter. If approved by a majority of votes cast, the recommendations would be submitted to the state Secretary of Labor for approval and if approved, would be effective for three years. The proposed law would establish procedures for the mediation and arbitration if the Driver Organization and Companies failed to reach agreement within a certain period of time. An arbitrator would consider factors set forth in the proposed law, including whether the wages of Drivers would be enough so that Drivers would not need to rely upon any public benefits. The proposed law also sets out procedures for the Secretary of Labor?s review and approval of recommendations negotiated by a Driver Organization and the Companies and for judicial review of the Secretary?s decision. The proposed law states that neither its provisions, an agreement nor a determination by the Secretary would be able to lessen labor standards established by other laws. If there were any conflict between the proposed law and existing Massachusetts labor relations law, the proposed law would prevail. The Board would make rules and regulations as appropriate to effectuate the proposed law. The proposed law states that, if any of its parts were declared invalid, the other parts would stay in effect.

2024 - Statewide - Question 3Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 1, 2024?

View as: # | %  
County Blanks Total Votes Cast
Barnstable More »
 
67,591
74,056
8,594
150,241
Berkshire More »
 
39,448
24,452
5,469
69,369
Bristol More »
 
129,959
131,109
19,694
280,762
Dukes More »
 
6,732
4,586
1,019
12,337
Essex More »
 
200,385
177,986
27,932
406,303
Franklin More »
 
24,629
15,532
2,457
42,618
Hampden More »
 
106,529
87,276
16,721
210,526
Hampshire More »
 
51,035
29,665
4,849
85,549
Middlesex More »
 
435,193
335,244
54,696
825,133
Nantucket More »
 
3,500
3,004
670
7,174
Norfolk More »
 
188,513
178,367
24,486
391,366
Plymouth More »
 
137,159
149,962
16,661
303,782
Suffolk More »
 
178,803
96,384
27,139
302,326
Worcester More »
 
202,274
197,051
26,119
425,444
Totals
1,771,750
1,504,674
236,506 3,512,930