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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 - Berkshire County - 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?

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Berkshire County Results
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City/Town Ward Pct Blanks Total Votes Cast
Totals
39,448
24,452
5,469 69,369
Adams More »
 
2,364
1,786
245
4,395
Alford
 
195
98
33
326
Becket
 
698
471
78
1,247
Cheshire
 
939
861
154
1,954
Clarksburg
 
477
430
73
980
Dalton More »
 
1,949
1,463
272
3,684
Egremont
 
593
287
76
956
Florida
 
207
184
25
416
Great Barrington More »
 
2,487
1,145
329
3,961
Hancock
 
228
243
24
495
Hinsdale
 
616
497
105
1,218
Lanesborough
 
995
736
131
1,862
Lee
 
1,733
1,254
271
3,258
Lenox
 
1,906
1,089
302
3,297
Monterey
 
379
185
40
604
Mount Washington
 
77
33
15
125
New Ashford
 
84
72
8
164
New Marlborough
 
536
351
115
1,002
N. Adams More »
 
3,397
1,869
461
5,727
Otis
 
505
462
106
1,073
Peru
 
270
225
33
528
Pittsfield More »
 
12,402
6,843
1,701
20,946
Richmond
 
585
378
56
1,019
Sandisfield
 
265
189
53
507
Savoy
 
176
218
43
437
Sheffield
 
1,104
769
166
2,039
Stockbridge
 
801
385
133
1,319
Tyringham
 
185
107
34
326
Washington
 
169
171
20
360
W. Stockbridge
 
543
313
85
941
Williamstown More »
 
2,305
1,096
241
3,642
Windsor
 
278
242
41
561
County Totals
39,448
24,452
5,469 69,369