A court ruling last week upheld much of a 2020 gig-worker initiative, but found part of the measure was invalid. The part the court struck down opens the door to driver unionization legislation, according to labor advocates challenging the initiative.
What exactly a union representing app-based drivers could negotiate over — if the rest of Prop. 22 stands — is also potentially up for debate. The initiative established minimum pay for the time between when a driver accepts a ride or delivery and when they complete it, for example. So could a union bargain over drivers’ wages?
“To the extent that Proposition 22 establishes minimums, a union could bargain to go above those minimums,” said Leyton. Unions often negotiate wages that are above wages in minimum wage law, she said, “so I would think that a collective bargaining law could authorize that.” But, she said, there could be a legal battle over that.face challenges in court, said Catherine Fisk, a law professor at UC Berkeley who filed a friend-of-the-court brief in support of the union and drivers challenging Prop.
If either side appeals the recent ruling, and the California Supreme Court decides to hear the case, it could still strike down Prop. 22 in its entirety or uphold the whole thing, effectively rendering Monday’s ruling moot. “That leads me to wonder whether there will be a serious push for legislation until that is resolved,” said Fisk., doesn’t plan to take action until the case is resolved. “While we are disappointed by the court’s ruling, we are optimistic that the rights of rideshare and delivery drivers will be vindicated by the California Supreme Court. It would be premature to move legislation as we await that determination,” the Campbell Democrat said in a statement.
The clearest path for drivers to have full rights and the ability to vote for their own union would be for Prop. 22 to be struck down in its entirety, said Nicole Moore, president of Rideshare Drivers United, an association of rideshare drivers. That’s why “it’s absolutely critical that this ruling not be allowed to stand,” she said.Expand for more about this legislator
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