Existing law declares the public policy of the state regarding labor organization, including, among other things, that it is necessary for a worker to have full freedom of association, self-organization, and designation of representatives of their own choosing, to negotiate the terms and conditions of their employment, and to be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.
Existing law, the Protect App-Based Drivers and Services Act, added by Proposition 22, as approved by the voters at the November 3, 2020, statewide general election (the initiative) , categorizes app-based drivers for network companies, as defined, as independent contractors if certain conditions are met. Existing law requires, among other things, that the network company provide a health care subsidy to qualifying app-based drivers, provide a minimum level of compensation for app-based drivers, and not restrict app-based drivers from working in any other lawful occupation or business. Existing case law holds that specified provisions of the initiative are invalid on separation of powers grounds; however, the court severed the unconstitutional provisions, allowing the rest of the initiative to remain in effect.
Existing law also establishes the Public Employment Relations Board in state government as a means of resolving disputes and enforcing the statutory duties and rights of specified public employers and employees under various acts regulating collective bargaining. Existing law vests the board with jurisdiction to enforce certain provisions over charges of unfair practices for represented employees.
This bill, the Transportation Network Company Drivers Labor Relations Act (act) , would establish that transportation network company (TNC) drivers have the right to form, join, and participate in the activities of TNC driver organizations of their own choosing to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. The bill would provide that TNC drivers also have the right to refuse to join or participate in the activities of TNC driver organizations. The bill would require the board to enforce these provisions.
This bill would require all TNCs, commencing on January 1, 2026, and every 3 months thereafter, to submit certain identifying and related personal work information about TNC drivers to the board in a list format, as prescribed. The bill would establish various procedures governing the certification and decertification of TNC driver organizations for purposes of representing drivers in the collective bargaining process. In this connection, the bill would require the board to compile driver list information and make certain determinations as to whether a specific organization has been designated as the bargaining representative for TNC drivers pursuant to an election process. The bill would establish various notice requirements, conditions, and timelines governing the representation of TNC drivers. The bill would require TNCs and certified driver bargaining organizations to negotiate in good faith pursuant to the act, as described, and would set forth procedures for mediation and arbitration for purposes of reaching a bargaining agreement.
This bill would make it an unfair labor practice for a TNC, an agent of a TNC, or a multicompany committee, as defined, to fail or refuse to negotiate in good faith with a certified driver bargaining organization, among other things. The bill would also make it an unfair labor practice for a certified driver bargaining organization or its agents to fail to negotiate in good faith with a TNC or multicompany committee, among other things. The bill would set forth unfair labor practice charge procedures and remedies for those practices. The bill would also define terms for purposes of the act and would make related legislative policy statements.
Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies.
This bill would exclude from public disclosure information regarding TNC drivers that is submitted to the board pursuant to the act, except as specified.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Statutes affected: AB 1340: 66516.5 GOV
02/21/25 - Introduced: 66516.5 GOV
04/08/25 - Amended Assembly: 66516.5 GOV