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Senate committee advances AB 1340 to let rideshare drivers unionize
Summary
The Senate Committee on Labor advanced AB 1340 on a 4-1 vote after authors and dozens of drivers testified the bill would let app-based drivers organize and bargain while an opposing senator said it conflicts with Proposition 22.
The Senate Committee on Labor, Public Employment and Retirement voted 4 to 1 on Thursday to return Assembly Bill 1340 to the Senate floor after hearing testimony that the measure would allow rideshare (TNC) drivers to organize, join a union and collectively bargain.
Assemblymember Wicks, the bill—s author, told the committee AB 1340 "provides rideshare drivers ... with the choice to organize, to join a union, and collectively bargain and negotiate for better wages, benefits, and protections." She said amendments made on the Senate floor clarified procedures for certification and decertification, negotiation processes and enforcement mechanisms and that the sponsors believe the bill is in compliance with Proposition 22.
"This bill will do exactly just that," Assemblymember Wicks said, asking the committee for an "aye" vote.
The bill—s joint author, Mr. Berman, described AB 1340 as giving drivers "a seat at the table in deciding the future of an industry for which they are taking on the risk, getting on the road, and working long hours." He urged senators to support the measure.
Multiple rideshare drivers and labor representatives offered support at the hearing. Margarita Penalosa, an Uber driver from Los Angeles and a member of the California Gig Workers Union, SEIU, told the committee she and other drivers "are tired of being treated as disposable" and urged support for AB 1340 so drivers could negotiate deactivation appeals, wages and safety rules. Matt Legeo, who said he represented the bill sponsors, also asked the committee for an "aye" vote. Yvonne Fernandez of the California Labor Federation testified in strong support.
Senator Strickland expressed opposition, saying his offices had received many calls from drivers who want to remain independent contractors and arguing that AB 1340 "undermines the voter approved Proposition 22." He said Proposition 22, approved by voters, excludes app-based drivers from traditional collective-bargaining rights and that the bill appeared to conflict with that voter-approved policy.
Senators on the dais discussed the history of organizing for drivers and the negotiations that led to the bill amendments. Supporters described AB 1340 as a compromise that creates a path for app-based drivers to organize while addressing procedural and definitional issues raised during floor consideration.
Senator Laird made the motion to return the measure to the Senate floor for consideration. The roll call was Smallwood Cuevas: aye; Strickland: no; Cortese: aye; Durazo: aye; Laird: aye. The committee clerk announced "We have a vote of 4 to 1, and this bill is out." The committee record shows the measure will proceed back to the full Senate for further action.
The hearing included a two-minute time limit for witnesses; the committee convened, heard testimony and concluded business in roughly 16 minutes. No formal amendments were adopted during the committee vote; the committee action recorded was the motion to return the bill to the Senate floor for consideration.
