A Washington judge gave the same ruling twice this month: Seattle Uber and Lyft drivers are allowed to unionize.
U.S. District Judge Robert Lasnik rejected U.S. Chamber of Commerce challenge to a similar decision earlier this month. That decision also said drivers could unionize regarding pay and working conditions. Eleven drivers also challenged the decision.
Seattle’s Union Law for Uber and Lyft Drivers
Seattle’s 2015 law to allow Uber and Lyft drivers to unionize has been under fire since last year. The law was the first of its kind in the nation. It said that gig economy drivers must be allowed to unionize provided a majority of workers want to be represented. Many spoke out against the law, including the eleven Uber and Lyft drivers who filed separate lawsuits against the new law. The Chamber of Commerce also filed a suit.
Some drivers claimed their status as a contractor rather than an employee means there should be no “middle man” between them and the company – including a union. The group of drivers who filed the suit claimed the law violated their first amendment rights to freedom of association by forcing them to union dues. They also claimed Seattle’s law violated federal labor law.
However, groups such as Teamsters Local 117 are saying the new law is necessary. The change allows Uber and Lyft drivers to collectively bargain for better working conditions or pay.
What’s ahead?
The National Right to Work Legal Defense Association, which represents the drivers who originally brought the suit against the new law, will appeal this decision. The U.S. Chamber of Commerce also plans to appeal the decision.
However, the judge did not put a hold on the law going into effect. That means workers are allowed to unionize going forward, until such time as another court may say otherwise.
Seattle City Attorney Pete Holmes spoke in favor of the decision. He said, “The court recognized the public importance of maintaining and promoting the safety and reliability of the for-hire transportation industry in the City of Seattle.”
Representatives from the National Right to Work Legal Defense Association indicated they intend to take the case to the Supreme Court if they need to do so.
Unions in the Gig Economy
Should gig economy workers be allowed to unionize? Talking heads have mixed opinions. Jason Moyer-Lee, writing for The Guardian, pointed out that on-demand apps like Uber and Lyft are built on the premise that they are a platform, not a business. According to spokespeople from most gig economy companies, they connect drivers to clients. They do not employ drivers to drive their clients. From the company’s viewpoint, then, drivers are not regular employees. If they are not employees, then they should not be allowed to unionize like employees.
Moyer-Lee goes on to point out, however, that flexibility does not mean that drivers are not workers. Other lawmakers around the globe agree. Recently, as we have seen a push toward benefits like health and auto insurance for drivers, there seems to be an increasing shift toward thinking of drivers as more than contractors.
