What you need to know about Question 3 on the Massachusetts ballot

Policy

If Question 3 passes in November, Massachusetts rideshare drivers will have the right to form unions to bargain collectively.

The controversy surrounding rideshare drivers in the state has been a hot topic of discussion for the past few years. From seizing illegal mopeds to encouraging companies to enforce safe driving practices to worker rights issues, debates over the emerging industry are ongoing.

In November, Massachusetts voters will consider another question: Should drivers be allowed to form unions to bargain collectively with ride-hailing companies like Uber and Lyft?

Currently, drivers at both companies are not allowed to form unions, like most other professions in the state. Ballot Question 3 seeks to change that.

If the referendum measure is adopted, to form a union, drivers will have to collect the signatures of at least 25% of active drivers or those who have made more than the median number of trips in the last six months.

Then, if a union is formed, the state would oversee union negotiations and approve negotiated recommendations on wages, benefits and working conditions.

The initiative would also create a hearing process for the Massachusetts Employment Relations Board to address allegations of unfair labor practices against ride-hailing companies.

“Over the past two years, Uber and Lyft drivers in Massachusetts have exposed the gig economy: an exploitative model that defrauds workers, consumers, and taxpayers,” April Verrett, president of the Service Employees International Union (SEIU), said in a statement. “Drivers know that the best antidote to the sub-minimum wages, unfair layoffs, and unsafe working conditions in their industry is the power to collectively bargain for better standards through a union.”

How did we get here?

Earlier this year, Uber, Lyft, DoorDash and Instacart funded an industry-backed ballot initiative called Flexibility and Benefits for Massachusetts Drivers. If implemented, the measure would keep app-based drivers as independent contractors.

The bill would also have established an income floor equal to 120% of the state minimum wage, or $18 an hour in 2023, before tips. Drivers would also have received health care benefits, workers’ compensation insurance and paid sick leave.

The ballot initiative came after the attorney general’s office filed a complaint in Suffolk Superior Court in 2020 seeking a ruling on whether Uber and Lyft drivers are employees under Massachusetts wage and hour laws and, therefore, entitled to benefits and protections.

The lawsuit calls into question whether rideshare drivers are independent contractors or employees.

The case has been settled end of June, ending the business referendum initiative.

“Our settlement with Uber and Lyft secured an unprecedented package of minimum wages, benefits, and worker protections,” Attorney General Andrea Campbell said in a statement after the ruling. “This is a solid foundation that can and should be built upon.”

Campbell endorsed Question 3, which was supported by the SEIU.

The attorney general appears to be on par with most Massachusetts voters. The ballot initiative committee United for Justice, backed by 32BJ SEIU, commissioned a September 2023 poll of 500 likely voters that found that two-thirds of the state’s voters support Uber and Lyft drivers having the right to form unions.

Uber is currently discussing Question 3 with its drivers and said in a statement: “We know of no other place in the world where half of the workforce is not allowed to vote for their representative.”

Lyft has not commented on the ballot measure.

What the local union says

In the years that Uber and Lyft have operated in Massachusetts, Roxana Rivera, assistant to the president of 32BJ SEIU, says working conditions have only deteriorated.

Rivera says drivers earn less and take on all the responsibilities that come with being a driver.

“The only way for drivers to hold these companies accountable is for the drivers themselves to form a union, bargain collectively and resolve the issues they face on a daily basis,” Rivera said in a phone call with Boston.com.

It’s not just the pay that’s unfair, she said.

Despite working six or seven days a week, 12 hours a day, many drivers in the state still struggle to make ends meet. Many have already invested a significant amount of money in the purchase of a car. When they are put out of commission, often for unknown reasons, they can easily fall into debt, Rivera said.

“These issues don’t just affect individuals, but entire communities, because there are tens of thousands of drivers here in Massachusetts,” she said. “It affects our entire community and largely immigrant communities and communities of color.”

In the past, SEIU has helped home child care providers and home health care providers win the right to form unions.

Now their goal is to make it a right for all transport drivers nationwide.

“It’s a fast-moving industry,” Rivera said, and one that will continue to change rapidly. “To keep up with the pace of scrutiny and change, drivers need to have the power on their side to stand up to these multinationals.”