By Chloe Wojtanik
Boston University News Service
The 2024 United States Election is setting up to be a pivotal moment for many Americans, but with the implementation of Question 3 on the Massachusetts ballot, rideshare drivers are more invested in the results than ever.
Question 3, which is referred to as “Unionization for Transportation Network Drivers,” would give rideshare drivers the opportunity to form unions to collectively bargain with Transportation Network Companies such as Uber and Lyft. Drivers would be able to negotiate for better pay, working conditions and job protections.
A “yes” vote on Question 3 would provide transportation network drivers the option to form unions to collectively bargain with transportation network companies. A “no” vote would make no change in the law relative to the ability of drivers to form unions.
Unions have been a hot topic nationally with the Starbucks union strike being most prevalent, as well as on a campus-level with the BU graduate student’s unionization strike just recently reaching an agreement.
“Currently, Transportation Networks Drivers (TND) like those driving for Uber and Lyft are classified as independent contractors. It’s this status that makes these services as popular as they are,” said the Massachusetts Fiscal Alliance’s website under their “Vote no on question 3” tab.
“It gives drivers the option to drive for as much as they want, whenever they want, for as long as they want while market forces ensure that riders have options available wherever and whenever they decide to use the services,” the website continued on to say.
The term “independent contractors,” that has been placed onto Uber and Lyft drivers, was challenged by the Massachusetts Attorney General’s office earlier this year. Attorney General Andrea Joy Campbell challenged that Uber and Lyft should have to classify their drivers as employees — not independent contractors — meaning the drivers would be entitled to the benefits and protections outlined in the Massachusetts employment and wage and hour laws.
Uber and Lyft reached a settlement with the Massachusetts prosecutors on June 27, 2024 that included multiple key settlement terms. These terms included the companies paying $175 million to the state with the majority of the settlement amount being distributed to current and former rideshare drivers, $32.50 per hour for drivers, paid sick time, paid family and medical leave, health insurance and occupational accident insurance.
While the Massachusetts Fiscal Alliance says that voters should vote no on Question 3 because “Uber and Lyft have already addressed almost all of the biggest issues people had regarding driver benefits,” drivers are arguing that they’re not reaping the benefits of this settlement.
“Campbell’s settlement was an important step forward for our state’s rideshare drivers, but it’s just the start of what drivers need to support their families,” said Vote Yes on 3, a Massachusetts based group pushing for the question to pass.
“Our settlement with Uber and Lyft secured an unprecedented package of minimum wage, benefits and protections for workers,” Campbell said. “It’s a strong foundation that can and should be built upon. I’m proud to support this ballot question, which if passed, would empower and allow workers to collectively bargain for even greater pay and benefits.”
Vote Yes on 3 says that drivers take home less than $15 an hour, as the wages drivers are paid don’t include the expenses that come out of drivers’ pockets for vehicles, gas, insurance and maintenance. It also only covers the times when a passenger is in the car or the driver is picking up a passenger, not when the driver is driving around waiting for a person to request a ride. Drivers are also arguing they still have no protections against arbitrary deactivation.
“Drivers find themselves having to work up to 70 hours a week just to be able to bring what’s sufficient enough for them to put food on the table and pay their rent,” said Roxana Rivera, the co-chair of the Vote Yes on 3 campaign.
Rivera has no fear of the possibility of these drivers losing their job flexibility if Question 3 is passed and a union is formed. She said she still believes that drivers will be able to choose their own hours and work wherever they feel most convenient.
“We want to address fairness, and we don’t think that has to be at the expense of drivers’ flexibility,” said Rivera. “Drivers being able to advocate for their rights and for setting standards in this industry doesn’t mean that they have to lose the ability to work as they do now.”
While Question 3 can seem positive to voters and drivers, Kelly Cobb-Lemire of Massachusetts Drivers United said he urges voters to take a deeper look at the question before casting their ballot.
“Massachusetts Drivers United is definitely pro-creating a union, but we’re leery of this particular question itself,” said Cobb-Lemire. “Question 3 just doesn’t go far enough.”
While Question 3 opens up the door for discussions for better working conditions, these drivers would still be considered independent contracts and not employees. Cobb-Lemire and the Massachusetts Drivers United organization argued that while this ballot may give drivers new benefits here and there, it’s not giving them all the rights a normal employee would get.
“This ballot doesn’t give drivers unemployment insurance, overtime or workers compensation. It’s giving them, you know, a couple benefits here and there, which is good, but they’re not getting the full package that they would get if they were, in fact, classified as employees,” said Cobb-Lemire.
Another reason the organization is urging voters to question this initiative is that the group that wrote Question 3, the Independent Drivers Guild, is heavily backed by large sums of money by Uber and Lyft. With these two major companies having their hand in the group responsible for crafting Question 3, it raises questions about if they had a say in the wording of Question 3 in a way that would be tailored towards their best interests.
“If the drivers are going to have a union, we have to make sure that it’s independent of the companies,” said Cobb-Lemire. “If it’s not independent of the companies, who knows who the union will be.”
“While we do have concerns with some of the language in the ballot – and plan to pursue changes via the legislature next session – Uber will not be running a campaign opposing Question 3,” Uber said in a statement on Question 3.
Uber also said: “Nearly 80% of Uber drivers support our agreement with Attorney General Campbell from earlier this year. We have no doubt that if drivers choose to organize, they will hold the benefits they’ve already won central to any negotiations and maintaining their flexibility will remain a top priority.”
Question 3’s fate will be decided on Nov. 5, the day of the much anticipated 2024 Presidential Election.
“You can have the polls, you can have the backing of the Boston Globe, what’s important is that rideshare drivers know that they have the actual backing of folks that live here in Massachusetts and want to see a stronger community,” said Rivera. “What’s most important is people go vote, either if they’re voting by mail, early voting or on election day.”
