Finlay Adamson is a student at Harvard Law School.
In today’s news and commentary, California lawmakers and rideshare companies reach an agreement on collective bargaining legislation for drivers; six unions representing workers at American Airlines call for increased accountability from management; and Massachusetts Teamsters continue the longest sanitation strike in decades.
California Governor Gavin Newsom and state lawmakers recently reached an agreement with Uber and Lyft to advance a bill that provides rideshare drivers a path towards collective bargaining. The Transportation Network Company Drivers Labor Relations Act, or Assembly Bill 1340, guarantees drivers “the right to form, join, and participate in the activities of (drivers organizations)… to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” The Act is structured similarly to Massachusetts General Law 150F, a bill that grants collective bargaining rights to rideshare drivers in the Commonwealth. In exchange for dropping their opposition to the bill, Uber and Lyft received assurances from legislators that they would support legislation reducing the cost of insurance coverage mandates. California currently imposes a $1 million liability coverage requirement on rideshare companies. The agreement marks a possible resolution to an intense legal and political battle between California labor unions and rideshare companies over the status of rideshare drivers. The 2018 California Supreme Court case Dynamex Operations and subsequent Assembly Bill 5 strictly limited the definition of independent contractors; however, Uber and Lyft funded Proposition 22 to exempt their drivers from the bill. As independent contractors, rideshare drivers are exempt from the National Labor Relations Act.
Six unions representing workers at American Airlines are calling for increased accountability from management following the company’s disappointing financial performance. The unions, including the Allied Pilots Association, the Association of Professional Flight Attendants, Communications Workers of America-Teamsters, Transport Workers Union, and the International Association of Machinists and Aerospace Workers, represent a wide variety of airline workers. Their decision to jointly and publicly call for influence over the company is highly unusual, and speaks to American’s precarious financial position. The unions cite the airline’s declining profitability as a result of overinvestment in domestic travel at the expense of international markets and the removal of in-flight amenities. In a summit earlier this week, the unions discussed “cross-union solidarity and coordinated advocacy,” as well as proposals that would increase employee protections and power. In their joint statement, the unions described their collaboration as a “significant step toward a more unified, impactful labor movement at American Airlines”; they plan to reconvene and engage in further discussions in October.
Massachusetts sanitation workers represented by the Teamsters continue a two month-long strike against Republic Services. Since July 1st, 450 workers in Boston and the surrounding suburbs have refused to return to work following contract negotiation disagreements over worker pay and safety protections. Their strike is the largest sanitation worker strike in a generation. While the parties met for negotiations earlier this week for the first time in over a month, they failed to reach an agreement. Additionally, temporary trash collectors hired by Republic to replace the striking workers are now suing the company for alleged labor violations.
Daily News & Commentary
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December 19
Labor law professors file an amici curiae and the NLRB regains quorum.
December 18
New Jersey adopts disparate impact rules; Teamsters oppose railroad merger; court pauses more shutdown layoffs.
December 17
The TSA suspends a labor union representing 47,000 officers for a second time; the Trump administration seeks to recruit over 1,000 artificial intelligence experts to the federal workforce; and the New York Times reports on the tumultuous changes that U.S. labor relations has seen over the past year.
December 16
Second Circuit affirms dismissal of former collegiate athletes’ antitrust suit; UPS will invest $120 million in truck-unloading robots; Sharon Block argues there are reasons for optimism about labor’s future.
December 15
Advocating a private right of action for the NLRA, 11th Circuit criticizes McDonnell Douglas, Congress considers amending WARN Act.
December 12
OH vetoes bill weakening child labor protections; UT repeals public-sector bargaining ban; SCOTUS takes up case on post-arbitration award jurisdiction