Senate committee advances AB 1340 to let rideshare drivers organize and bargain collectively

The Senate Committee on Labor, Public Employment and Retirement voted 4–1 to return AB 1340 to the Senate floor after a hearing in which authors and dozens of drivers urged support and one senator raised concerns about the measure’s relationship to Proposition 22.

AB 1340, presented jointly by Assemblymember Wicks and Mr. Berman, would give rideshare drivers — described in the hearing as “transportation network company” or TNC drivers — a formal process to organize, seek certification and decertification of driver organizations, and negotiate terms and conditions of work with TNCs. The authors said recent floor amendments clarified procedures for certification, negotiation and enforcement and that the bill is intended to operate in compliance with Proposition 22.

Why it matters: Supporters said the bill would allow hundreds of thousands of drivers to address pay, safety, deactivation and other work conditions through collective bargaining-like structures. Opponents — including Senator Strickland in the committee — said the measure conflicts with voter-approved Proposition 22 and the National Labor Relations Act’s treatment of independent contractors.

Authors’ presentation and witness testimony Assemblymember Wicks, one of the bill’s presenters, said the legislation “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 that “went into print yesterday on the senate floor” clarify the bill’s legal framework. She asked the committee to vote “aye.”

Mr. Berman, the joint author, said AB 1340 “provides rideshare drivers a seat at the table in deciding the future of an industry” and urged members to vote yes.

Several drivers and union representatives testified in support. Margarita Penalosa, who said she has driven for Uber since February 2017 and is “a very proud member of the California Gig Workers Union, SEIU,” told the committee she had spoken with “hundreds of drivers across the state” and that the response to the question of whether to form a union was “almost every single time, absolutely yes. A 100%.” She said drivers are “tired of being treated as disposable” and described being “unfairly deactivated” without explanation in the past.

Matt Legeo, identified as representing “BAFSA SAU,” said his organization sponsored AB 1340 and asked for an aye vote. Michael Robinson, Doral Mejia, Eugene Ching and others also gave brief endorsements.

Concerns about Prop 22 and legal scope Senator Strickland said his offices had received significant contact from drivers who want to remain independent contractors and stated his view that the bill “undermines the voter approved Proposition 22.” He said he believed AB 1340 “attempts to end run around the National Relations Act,” which he cited as excluding independent contractors from unionization. The authors responded that they believe the bill complies with Proposition 22 and that independent contractors should have protections and a voice on working conditions.

Vote and next steps Senator Laird moved that AB 1340 be returned to the Senate floor for consideration. The roll call was: Smallwood Cuevas — aye; Strickland — no; Cortese — aye; Durazo — aye; Laird — aye. The committee tally was 4 ayes, 1 no. The committee announcement recorded, “We have a vote of 4 to 1, and this bill is out.”

With the committee vote, AB 1340 will proceed to further consideration on the Senate floor. The committee hearing concluded with the chair asking for written comments if members of the public had additional materials.