Question 3: A union for rideshare drivers

Under current law, Uber and Lyft drivers in Massachusetts cannot readily form unions. Question 3 on the November ballot would change that, creating a novel path to unionization for rideshare drivers.

The approach envisioned by Question 3 — called sector-based bargaining — would allow drivers across multiple companies to negotiate together for better pay, expanded benefits, and other protections that would then apply across the entire rideshare industry.

But sector-based bargaining is largely untested in the United States and likely to face serious legal challenges.

As part of our commitment to help voters understand state ballot questions, we have evaluated the framework of Question 3 and spoken with experts and advocates on both sides of the issue. We found that:

• This ballot question covers workers who transport passengers using platforms like Uber and Lyft, not gig workers who provide food delivery or other services.
• The explicit goal of Question 3 is to improve the welfare of drivers. "These persons often suffer poor pay, inadequate health coverage, and irregular or inadequate working hours," the ballot measure says, and the point of unionization is to "raise standards for the terms and conditions of work in this industry."
• Question 3 would likely increase the cost of rides and curtail usage. This would limit some of the known benefits of the apps, including reduced drunk driving and expanded mobility options.
• Drivers may not be able to start forming unions right away. When the city of Seattle pursued a similar proposal in 2015, it was challenged in court and ultimately gutted.
• Sector-based bargaining requires a complex and detailed regulatory framework. And some of the minute regulatory choices could prove pivotal. As an example, the number of drivers needed to create a union is very low — roughly 12.5 percent — which simplifies organization but risks the emergence of an unpopular union with limited driver support.