The city of Seattle’s Department of Finance and Administrative Services (FAS) recently published the first set of draft administrative rules to implement Ordinance 124968, passed by the Seattle City Council to create collective bargaining opportunities for taxicab, flat-rate vehicle and transportation network company drivers. The draft rules, which concern qualifying drivers, qualified driver representatives, exclusive driver representatives and subjects of bargaining, are available on the city’s website.
While the ordinance became law in 2015 without Mayor Murray’s signature, the mayor has indicated his support for drivers having the ability to organize and protect their rights. Last week, Murray transmitted a letter to the council detailing the methodology used and the challenges faced in drafting the rules, particularly with regards to the rule defining a driver who is eligible to decide whether to be represented.
“Though I continue to have reservations around the legislation that created this process, I believe in the drivers’ right to improve their working lives through collective bargaining,” said Murray. “I have fulfilled the executive’s responsibility to get the process started by developing these rules. However, I welcome council’s review of the proposed rules, and, should these rules not address their intent, request council provide legislation that more clearer lays out that intent.”
The subjects of the four proposed rules are summarized below:
- Qualifying Driver Rule – The proposed rule describes the driver tenure and trip history criteria that must be met to be a qualifying driver, i.e., those who may vote on representation. To inform this definition, FAS referred to Seattle Municipal Code, Washington Administrative Code and city data related to the taxi drivers. It also referred to its recently completed driver survey, which asked for-hire drivers a series of questions about their experience.
- Qualified Driver Representative Rule – An organization that wishes to represent drivers in the bargaining process must first be deemed an eligible bargaining agent, i.e., a qualified driver representative. This proposed rule describes the application process, including the steps and timeline, for naming the qualified driver representatives. In addition to the conditions specified in the ordinance for an organization to apply, FAS will require an organization to disclose its financial health and any criminal background, among other requirements.
- Exclusive Driver Representative Rule – This proposed rule establishes the standards for soliciting signed statements of interest from qualified drivers in order to be determined the exclusive driver representative. The rule specifies the language that must be used on those statements and allows a qualified driver representative to use either an electronic or a paper-based option, but not both, to collect support from drivers. The rule further describes the process to verify the authenticity of those statements. A bargaining agent receiving majority support from drivers affiliated with a company, and having more support than any other agent, is certified as an exclusive driver representative.
- Subjects of Bargaining Rule – The proposed rule on subjects of bargaining identifies the topics specified in the ordinance such as best practices regarding vehicle equipment standards, conditions of work and rules applicable to drivers as mandatory subjects of bargaining. The rule also requires bargaining over the issue of drivers being compelled to join and therefore pay the bargaining agent’s organization. Finally, the rule outlines a complaint process to handle alleged violations of negotiating in good faith.
Paper copies of the proposed rules are available at all seven of the city’s customer service centers. Hours at each center vary; please refer to the city’s website for directions and hours.
FAS has scheduled a public hearing on Dec. 6 to take public comment on the proposed rules. The hearing will take place from 1:30-4:30 p.m. in the Bertha Knight Landes Room at Seattle City Hall – 600 Fourth Ave.
Written comments must be received no later than 5 p.m. on Dec. 6, 2016, and may be mailed or emailed to: City of Seattle, Department of Finance and Administrative Services, Attention: Matthew Eng, P.O. Box 94689, Seattle, WA 98124-4689 or DriverRepresentation@seattle.gov
