Can Uber and Lyft drivers unionize? This is MA election question 3

Forming a union would require the support of a quarter of the most active half of both companies' drivers in Massachusetts, or 25 percent of drivers who have taken at least the average number of trips in the past six months.

A yes vote would allow Uber and Lyft drivers to form a union.

A no would maintain current law that prevents Uber and Lyft drivers from unionizing.

The ballot measure comes amid a years-long battle to give drivers who offer rides more rights. Labor advocates have sought to establish that the drivers are not independent contractors but actual employees under state law. A lawsuit filed in 2020 by then-Attorney General Maura Healey led to a settlement in June that provided new protections for drivers. The agreement did not address drivers' employment classification, but led Uber and Lyft to withdraw ballot measures to enshrine them as independent contractors.

Unions pushing for drivers to be officially recognized as workers under state law fear that allowing them to organize as independent contractors could set a precedent in the growing gig economy and weaken the fight for full-employment status.

The Service Employees International Union 32BJ and the International Association of Machinists are the driving forces behind the issue, which has also received support from lawmakers like Rep. Ayanna Pressley and labor advocacy groups like the Chinese Progressive Association and La Colaborativa.

Uber and Lyft are not campaigning against the measure, although both companies say they may seek changes in the next legislative session.

The state's largest union, the Massachusetts AFL-CIO, also takes a neutral stance.

The Massachusetts Fiscal Alliance is pushing for a no vote.

According to SEIU 32BJ, drivers need a voice and the ability to negotiate for more rights, just as most workers are entitled to. Granting the ability to organize drivers does not exclude the struggle for the recognition of drivers as workers.

The Massachusetts Fiscal Alliance says the measure creates a “radical work category that is inconsistent with federal labor law” and could raise prices for drivers. The alliance noted that drivers were just granted a set of new protections in an agreement between the state and the companies that guarantees them a minimum wage of $32.50 an hour before expenses, paid sick leave, a health stipend and more.

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Katie Johnston can be reached at [email protected]. Follow her @ktkjohnston.