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Contractors or Not, Seattle Uber Drivers Might Get Collective Bargaining

The Seattle Times reports on a development in Seattle that might have implications for other cities with contentious relationships with transportation coordinating services like Uber. Seattle councilman Mike O'Brien has proposed a system under which drivers for Lyft, Uber, and similar companies would be represented in collective bargaining agreements with the companies they do work for. The proposal would require taxi companies, for-hire vehicle companies and app-based ride-dispatch companies, including Uber and Lyft, to negotiate agreements with drivers on issues such as payment and working conditions. The approach would be novel because of the drivers’ employment status. The National Labor Relations Act gives employees, but not independent contractors, the right to bargain as a union. ... Under O’Brien’s plan, a nonprofit organization would need to show support from a majority of a company’s drivers to be designated by the city as their bargaining representative. The organization would use a list of drivers provided by the company.

18 of 127 comments (clear)

  1. Fun uber fact by ickleberry · · Score: 3, Funny

    Uber secretly hates its drivers, and is dieing to replace them with bots. Its founding members can't wait until the day Uber becomes a fully autonomous moneymaking machine and they can live a life of endless hedonism on the Bahamas while being fed a constant supply of effortless funds

    1. Re:Fun uber fact by SeaFox · · Score: 3, Interesting

      You misspelled "all companies" and "employees" in that paragraph.

    2. Re:Fun uber fact by PopeRatzo · · Score: 2

      Yes, but will they get paid in Bitcoin?

      3D printed Bitcoin.

      --
      You are welcome on my lawn.
    3. Re:Fun uber fact by Anonymous Coward · · Score: 2, Insightful

      The very point in capitalism is to make bank without labour, whereas the very principle of socialism is that you can only earn while labouring. Laziness is a capitalist virtue, as long as it is smart laziness.

      This is lost on some of the college-capitalist blowhards who go around calling socialists lazy. Socialism is unpopular precisely because more intelligent people aren't able to use their brains to reduce the amount of labour they are required to do to survive, so instead go for cronyism.

      (This isn't speaking in defence of or opposition to either. I'm a mixed market pragmatist.)

  2. Not Contractors by JimSadler · · Score: 2, Informative

    The IRS defines who is and is not a contractor. These drivers simply are not independent contractors. First they would need a business permit in order to be contractors. They can not be supervised by Uber in any way, And they would need a written contract that offers them benefits roughly equal to any benefits Uber gets by offering the contract. So many businesses steal money by falsely calling people independents or piece workers and it is fraud both to the workers as well as numerous public agencies. For example, a Uber driver, injured in a wreck can not get Workman's comp. And Workman's compensation suffers an economic loss when employees are falsely called independent contractors.

    1. Re:Not Contractors by Etherwalk · · Score: 2

      The IRS defines who is and is not a contractor. These drivers simply are not independent contractors. First they would need a business permit in order to be contractors. They can not be supervised by Uber in any way, And they would need a written contract that offers them benefits roughly equal to any benefits Uber gets by offering the contract.
                  So many businesses steal money by falsely calling people independents or piece workers and it is fraud both to the workers as well as numerous public agencies. For example, a Uber driver, injured in a wreck can not get Workman's comp. And Workman's compensation suffers an economic loss when employees are falsely called independent contractors.

      Not exactly. Someone can be an IC without a business permit--that just means they're operating a business illegally. Also, "supervised in any way" doesn't necessarily make someone an employee. I can watch my plumber work on pipes in my house, and it doesn't make him my employee. I can even supply the parts. I can even let him borrow a tool.

      Whether someone is an IC or not is a fact-based inquiry, and is determined by looking at a variety of factors including to what degree someone is supervised, whether they provide their own tools, etc... There is no single absolute rule.

    2. Re:Not Contractors by ShanghaiBill · · Score: 2

      First they would need a business permit in order to be contractors. They can not be supervised by Uber in any way, And they would need a written contract

      None of these are specific requirements to be an independent contractor. The IRS has a list of 20 criteria for classification as a contractor. No single criteria is either necessary or sufficient.

  3. Yep, Unions do nothing by rsilvergun · · Score: 4, Interesting

    except for the increased wages by bringing strike pressure to bear. Oh, and they make sure you can strike without fear of reprisal and with enough food/money to survive a strike. Oh, and then there's the better benefits from the bargaining. Then there's enforcing worker safety when OSHA can't or won't. Then There's protecting workers from age discrimination. Then there's ensuring workers get trained instead of paying for their own training out of pocket.

    You know, you're right. Unions have done about as much for the working man as the Romans did for those guys from Monty Python.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:Yep, Unions do nothing by SuperKendall · · Score: 4, Informative

      except for the increased wages by bringing strike pressure to bear.

      Totally vaporized and then some by the overhead of the union.

      Unions get enough extra to thrive themselves, over time the union leaders care nothing for the workers but only for personal income to grow the union - to the extent they do not care if they kill the host they are attached to, putting many out of work.

      At least that's how it has played out so far over the last few decades. Why is there any reason to think it will alter for Uber? There is none.

      --
      "There is more worth loving than we have strength to love." - Brian Jay Stanley
    2. Re:Yep, Unions do nothing by MacDork · · Score: 2

      Totally vaporized and then some by the overhead of the union.

      Not really, but I'm sure there's nothing I can say to convince you otherwise.

    3. Re:Yep, Unions do nothing by ClickOnThis · · Score: 4, Insightful

      Here's a list of some of the things we can thank unions for:

              Weekends
              All Breaks at Work, including your Lunch Breaks
              Paid Vacation
              FMLA
              Sick Leave
              Social Security
              Minimum Wage
              Civil Rights Act/Title VII (Prohibits Employer Discrimination)
              8-Hour Work Day
              Overtime Pay
              Child Labor Laws
              Occupational Safety & Health Act (OSHA)
              40 Hour Work Week
              Worker's Compensation (Worker's Comp)
              Unemployment Insurance
              Pensions
              Workplace Safety Standards and Regulations
              Employer Health Care Insurance
              Collective Bargaining Rights for Employees
              Wrongful Termination Laws
              Age Discrimination in Employment Act of 1967
              Whistleblower Protection Laws
              Employee Polygraph Protect Act (Prohibits Employer from using a lie detector test on an employee)
              Veteran's Employment and Training Services (VETS)
              Compensation increases and Evaluations (Raises)
              Sexual Harassment Laws
              Americans With Disabilities Act (ADA)
              Holiday Pay
              Employer Dental, Life, and Vision Insurance
              Privacy Rights
              Pregnancy and Parental Leave
              Military Leave
              The Right to Strike
              Public Education for Children
              Equal Pay Acts of 1963 & 2011 (Requires employers pay men and women equally for the same amount of work)
              Laws Ending Sweatshops in the United States

      --
      If it weren't for deadlines, nothing would be late.
    4. Re:Yep, Unions do nothing by turbidostato · · Score: 3, Funny

      All right... all right... but apart from that, what have the Romans done for us?

  4. Pro or Anti union by phantomfive · · Score: 4, Insightful

    Whether you are pro or anti union, you shouldn't deny workers the right to organize.
    Being able to stand together as a counter-balance to the power of the company is kind of important, whether they choose to take advantage of that right or not.

    --
    "First they came for the slanderers and i said nothing."
  5. Re:What year do you think this is? by xxxJonBoyxxx · · Score: 4, Informative

    >> We busted up the mob years ago. They've got nothing to do with Unions now.

    You must not live near Chicago, Los Angeles, New York, Philly, etc. or take a close look at who's involved in the pension plans then.

    e.g., http://deadline.com/2015/09/mo...

  6. Re:You are all hypocrites by plopez · · Score: 2

    You have the implicit assumption that technology equates to doing things better. It does not. Sometimes yes, sometimes no. Uber's way of doing things may not be better even if it does use technology.

    --
    putting the 'B' in LGBTQ+
  7. Re: Listen yoos by ClickOnThis · · Score: 2

    Correct they grew out of the small level organized crime that the mobs provided and ushered in a whole new level of organized crime

    You are spectacularly ignorant of history.

    Unions grew out of a desire for fairness and justice for workers. There have been sad periods where mobs influenced some unions (not to mention governments and police forces) but unions were never founded on the objectives of mobsters.

    --
    If it weren't for deadlines, nothing would be late.
  8. As opposed to CEO's paid $5000 an hour? by Uberbah · · Score: 2

    It's funny how many people hear the word "unions" and race to the garbage disposal to cram in their brains and flip the "on" switch, based on the same tired 50-year-old capitalist buuuuuulshit. If you work for a living and are against unions, then you're as much of an idiot as a slave who opposed the 13th Amendment.

  9. Re:Hey. Wingnut. by Richy_T · · Score: 2

    Or try opening a business in a gang run area then demand all the benefits of the gang's protection (i.e. not having your store burned to the ground) while paying none of the dues.

    Voluntary association. It either is or it isn't.