HF 3074

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/02/2025 11:25 a.m.

A bill for an act
relating to labor law; creating and regulating collective bargaining rights for
transportation network company drivers; authorizing rulemaking; proposing coding
for new law as Minnesota Statutes, chapter 179B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [179B.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this chapter, the following terms have the
meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Active driver. new text end

new text begin "Active driver" means a driver who, in the most recent two
quarters for which data is available, completed at least the median number of rides as
calculated by the commissioner under section 179B.03, subdivision 2, paragraph (b), clause
(2).
new text end

new text begin Subd. 3. new text end

new text begin Bargaining representative. new text end

new text begin "Bargaining representative" means a labor
organization that has been certified by the commissioner under section 179B.06, subdivision
2.
new text end

new text begin Subd. 4. new text end

new text begin Board. new text end

new text begin "Board" means the Public Employment Relations Board.
new text end

new text begin Subd. 5. new text end

new text begin Bureau. new text end

new text begin "Bureau" means the Bureau of Mediation Services established under
section 179.02.
new text end

new text begin Subd. 6. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of the Bureau of
Mediation Services.
new text end

new text begin Subd. 7. new text end

new text begin Company union. new text end

new text begin (a) "Company union" means any committee, employee
representation plan, or association of drivers or others that exists for the purpose, in whole
or in part, of working with TNCs concerning grievances or terms and conditions of work
for drivers and that was:
new text end

new text begin (1) initiated or created by a TNC, or initiated or created at the suggestion of a TNC;
new text end

new text begin (2) involved a TNC in forming the company union's governing rules or policies;
new text end

new text begin (3) involved a TNC in or supervision of the company union's management, operations,
or elections; or
new text end

new text begin (4) maintained, financed, controlled, or dominated by a TNC, or assisted by a TNC in
maintaining or financing, unless required to do so by this chapter or any regulations
implementing this chapter, whether by compensating anyone for services performed on the
company union's behalf or by donating free services, equipment, materials, office or meeting
space, or anything else of value, or by any other means.
new text end

new text begin (b) A labor organization must not be deemed a company union solely because it has
negotiated or been granted the right to designate drivers to be released with pay for the
purpose of providing representation or other labor relations services on behalf of drivers or
others represented by the labor organization.
new text end

new text begin (c) A labor organization must not be deemed a company union solely because, in the
course of providing representation to drivers for whom it is the exclusive representative, a
TNC allows agents of the labor organization to meet with drivers on the TNC's premises.
new text end

new text begin Subd. 8. new text end

new text begin Digital network. new text end

new text begin "Digital network" has the meaning given in section 65B.472,
subdivision 1, paragraph (b).
new text end

new text begin Subd. 9. new text end

new text begin District court. new text end

new text begin "District court" means the district court for the county:
new text end

new text begin (1) in which the unfair labor practice that is the subject of the order or administrative
complaint was committed; or
new text end

new text begin (2) in which a party alleged to have committed the unfair labor practice resides or
transacts business.
new text end

new text begin Subd. 10. new text end

new text begin Driver. new text end

new text begin "Driver" has the meaning given in section 65B.472, subdivision 1,
paragraph (n).
new text end

new text begin Subd. 11. new text end

new text begin Exclusive representative. new text end

new text begin "Exclusive representative" means a labor
organization that has been certified by the commissioner under section 179B.06, subdivision
3.
new text end

new text begin Subd. 12. new text end

new text begin Labor organization. new text end

new text begin "Labor organization" means any organization:
new text end

new text begin (1) in which drivers participate;
new text end

new text begin (2) that exists for the purposes, in whole or in part, of:
new text end

new text begin (i) collective bargaining;
new text end

new text begin (ii) working with TNCs regarding grievances or terms and conditions of work; or
new text end

new text begin (iii) providing other mutual aid or protection; and
new text end

new text begin (3) that is not a company union under subdivision 7.
new text end

new text begin Subd. 13. new text end

new text begin Lockout. new text end

new text begin (a) "Lockout" means a refusal by a TNC to permit a driver normal
access to the TNC's means of connecting drivers to individuals seeking transportation
service, as a result of a dispute with the driver or the labor organization representing the
driver, that affects the driver's compensation, benefits, hours, and other terms and conditions
of work.
new text end

new text begin (b) Lockout does not include a termination of engagement of a driver for good cause,
under the deactivation standards set forth in section 181C.04, that does not involve the driver
exercising any rights guaranteed by this chapter.
new text end

new text begin Subd. 14. new text end

new text begin Quarter. new text end

new text begin "Quarter" means each of the following time periods of every calendar
year:
new text end

new text begin (1) January 1 through March 31;
new text end

new text begin (2) April 1 through June 30;
new text end

new text begin (3) July 1 through September 30; and
new text end

new text begin (4) October 1 through December 31.
new text end

new text begin Subd. 15. new text end

new text begin Transportation network company or TNC. new text end

new text begin "Transportation network
company" or "TNC" has the meaning given in section 65B.472, subdivision 1, paragraph
(m).
new text end

Sec. 2.

new text begin [179B.02] RIGHTS OF DRIVERS.
new text end

new text begin Subdivision 1. new text end

new text begin To organize. new text end

new text begin A driver has the following rights:
new text end

new text begin (1) to self-organize;
new text end

new text begin (2) to form, join, or assist labor organizations;
new text end

new text begin (3) to not form, join, or assist labor organizations; and
new text end

new text begin (4) to designate an exclusive representative to bargain collectively regarding grievance
procedures and the terms and conditions of the drivers' work.
new text end

new text begin Subd. 2. new text end

new text begin To meet and negotiate. new text end

new text begin Drivers, through their exclusive representative, have
the right and obligation to meet and negotiate in good faith with TNCs regarding grievance
procedures and the terms and conditions of the drivers' work. This obligation does not
compel the exclusive representative to agree to a proposal or require the making of a
concession.
new text end

new text begin Subd. 3. new text end

new text begin To engage in concerted activity. new text end

new text begin Drivers have the right to engage in concerted
activities for the purpose of collective bargaining or other mutual aid or protection, free
from interference, restraint, or coercion by TNCs, and have the right to refrain from any or
all concerted activities. Nothing in this chapter prohibits drivers from exercising the right
to confer with TNCs, provided that during the conference there is no attempt by the TNC,
directly or indirectly, to interfere with, restrain, or coerce drivers in the exercise of the rights
guaranteed by this section.
new text end

Sec. 3.

new text begin [179B.03] DUTIES OF COMMISSIONER OF BUREAU OF MEDIATION
SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Duties. new text end

new text begin In addition to the duties outlined in sections 179B.05, 179B.06,
and 179B.07, the commissioner must:
new text end

new text begin (1) provide mediation services as requested by the parties;
new text end

new text begin (2) assist the parties in formulating petitions, notices, and other papers required to be
filed with the commissioner;
new text end

new text begin (3) adopt rules relating to the administration of this chapter and the conduct of hearings
and elections;
new text end

new text begin (4) provide the parties with a list of qualified arbitrators as requested by the parties; and
new text end

new text begin (5) collect and interpret driver data under subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Driver data. new text end

new text begin (a) Beginning October 1, 2025, within 30 days of the end of each
quarter, each TNC must submit to the commissioner, in an electronic format to be determined
by the commissioner, a list of the names, license numbers, phone numbers, mailing addresses,
email addresses, and number of completed rides originating in Minnesota in the previous
quarter for each driver who completed at least one ride originating in Minnesota on that
TNC's platform in the previous quarter.
new text end

new text begin (b) For each quarter, beginning January 1, 2026, the commissioner must use the data
provided by all TNCs under paragraph (a) to determine:
new text end

new text begin (1) the distribution of the number of rides completed by all drivers for whom data has
been submitted, who completed at least five rides in the previous two quarters; and
new text end

new text begin (2) the median number of rides completed by drivers for whom data has been submitted,
who completed at least five rides in the previous two quarters.
new text end

new text begin (c) For each quarter, beginning January 1, 2026, the commissioner must create a list that
contains only the data supplied in paragraph (a) for active drivers.
new text end

Sec. 4.

new text begin [179B.04] UNFAIR LABOR PRACTICES.
new text end

new text begin Subdivision 1. new text end

new text begin Unfair labor practices of TNCs. new text end

new text begin It is an unfair labor practice for a TNC
to:
new text end

new text begin (1) fail to provide the commissioner any information required under this chapter, or to
provide intentionally inaccurate information;
new text end

new text begin (2) refuse to negotiate in good faith with an exclusive representative regarding
compensation, hours, or terms and conditions of work;
new text end

new text begin (3) fail to provide the commissioner or an exclusive representative with the driver data
required under section 179B.03, subdivision 2, paragraph (a);
new text end

new text begin (4) fail to provide a bargaining representative or exclusive representative with relevant
information requested by the labor organization for purposes of bargaining and the
performance of its other duties as the drivers' representative;
new text end

new text begin (5) refuse to continue all the terms of a final determination under section 179B.07,
subdivision 6, until a new determination is issued;
new text end

new text begin (6) lockout drivers;
new text end

new text begin (7) spy on or surveil, directly or indirectly, any activities of drivers, labor organizations,
or any other person exercising the rights guaranteed by this chapter;
new text end

new text begin (8) dominate or interfere with the formation, existence, or administration of any driver
organization or to contribute financial or other support to any such organization, directly
or indirectly, unless required by this chapter or any regulations implementing this chapter,
including but not limited to the following actions:
new text end

new text begin (i) participating or assisting in, supervising, or controlling the initiation or creation of
any such organization or the meetings, management, operations, elections, formulation, or
amendment of constitutions, rules, or policies, of any such organization;
new text end

new text begin (ii) offering incentives to drivers to join any such organization; and
new text end

new text begin (iii) donating free services, equipment, materials, office or meeting space, or anything
else of value for use by any such organization, except that a TNC is not prohibited from
allowing drivers to perform representational work protected under this chapter during
working hours without loss of time or pay or from allowing agents of a certified driver
bargaining organization to meet with drivers on the TNC's premises;
new text end

new text begin (9) form a company union as defined in section 179B.01, subdivision 7;
new text end

new text begin (10) require a driver to join a company union or labor organization or to refrain from
forming, joining, or assisting a labor organization of the driver's choosing;
new text end

new text begin (11) discriminate in any term or condition of work to encourage membership in any
company union or discourage membership in any labor organization;
new text end

new text begin (12) deactivate or otherwise discriminate against a driver because the driver signed or
filed any affidavit, petition, or complaint or gave any information or testimony in accordance
with this chapter;
new text end

new text begin (13) distribute a list of (i) individuals exercising any right created or confirmed by this
chapter, or (ii) members of a labor organization, for the purpose of preventing individuals
on the list from obtaining or retaining opportunities for remuneration; or
new text end

new text begin (14) perform any other actions that interfere with, restrain, or coerce drivers in exercising
the rights guaranteed by this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Unfair labor practices of labor organizations. new text end

new text begin It is an unfair labor practice
for a labor organization to:
new text end

new text begin (1) refuse to collectively bargain in good faith with TNCs;
new text end

new text begin (2) restrain or coerce drivers in exercising the rights guaranteed by this chapter, except
this paragraph does not impair the right of a labor organization to set its own rules for
acquisition or retention of membership in the labor organization;
new text end

new text begin (3) where the labor organization is the exclusive representative, fail to fulfill its duty of
fair representation of drivers through arbitrary, discriminatory, or bad faith acts or omissions;
or
new text end

new text begin (4) restrain or coerce a driver in selecting a labor organization for purposes of collective
bargaining and representation.
new text end

Sec. 5.

new text begin [179B.05] PREVENTION OF UNFAIR LABOR PRACTICES.
new text end

new text begin Subdivision 1. new text end

new text begin General enforcement power. new text end

new text begin (a) The board has the duties and powers
in this section to prevent the unfair labor practices in section 179B.04.
new text end

new text begin (b) The board's enforcement power cannot be affected or impaired by any adjustment,
mediation, or conciliation in labor disputes established by law or by a determination under
section 179B.07.
new text end

new text begin (c) The board has rulemaking power to execute the duties assigned to the board in this
chapter.
new text end

new text begin Subd. 2. new text end

new text begin Notice to drivers. new text end

new text begin (a) To prevent unfair labor practices, at least annually, each
TNC must send to each of its drivers who have completed at least one ride in the past year,
a text message and an email, in a form determined by the board, notifying the driver of the
driver's rights under this chapter and the procedure for filing an unfair labor practice charge.
new text end

new text begin (b) The board must post a copy of the notice to drivers in paragraph (a) on the bureau's
website.
new text end

new text begin Subd. 3. new text end

new text begin Filing an unfair labor practice charge. new text end

new text begin (a) Any TNC or labor organization
aggrieved by an unfair labor practice in section 179B.04 may file an unfair labor practice
charge with the board.
new text end

new text begin (b) When a charge is filed under paragraph (a), the board must designate an investigator
to promptly conduct an investigation of the charge.
new text end

new text begin (c) Unless the board finds, after investigation, that the charge has no reasonable basis
in law or fact, the board must promptly issue a complaint stating the charges and serve the
complaint on the party against which the charge was filed. The complaint must be
accompanied by a notice of hearing.
new text end

new text begin (d) Notwithstanding paragraph (c), no complaint can be issued based upon an unfair
labor practice occurring more than six months prior to the filing of a charge under paragraph
(a).
new text end

new text begin (e) A complaint issued under this subdivision may be amended by the board at any time
prior to the issuance of an order based on that complaint.
new text end

new text begin Subd. 4. new text end

new text begin Hearing an unfair labor practice complaint. new text end

new text begin (a) Unfair labor practice
complaints must be heard:
new text end

new text begin (1) before a hearing officer licensed to practice law in Minnesota and designated by the
board;
new text end

new text begin (2) at the offices of the board or another location the board deems appropriate; and
new text end

new text begin (3) at least five days but no more than 20 days after serving the complaint under
subdivision 3, paragraph (c).
new text end

new text begin (b) The party who is the subject of the complaint has the right to:
new text end

new text begin (1) file an answer to the original or amended complaint prior to the hearing; and
new text end

new text begin (2) appear in person or by a representative and give testimony at the hearing.
new text end

new text begin (c) Other parties may be allowed to intervene in a proceeding or present testimony at a
hearing at the discretion of the hearing officer.
new text end

new text begin (d) The board must appoint a reporter to transcribe a full and complete record of all
hearing proceedings.
new text end

new text begin (e) The board and designated hearing officers:
new text end

new text begin (1) are not bound by the rules of evidence applicable to courts, except for the rules of
privilege recognized by law; and
new text end

new text begin (2) have the power to issue notices, subpoenas, and orders required by law to carry out
duties under this chapter.
new text end

new text begin (f) If any party fails to appear or testify or to produce books, papers, and records pursuant
to the issuance of a subpoena, the board may apply to a court of competent jurisdiction to
request that the party be ordered to appear, testify, or produce the requested evidence.
new text end

new text begin (g) At any time prior to the close of a hearing, the parties may by mutual agreement
request referral to mediation, at which time the board must appoint a mediator and the
hearing must be suspended pending the results of the mediation.
new text end

new text begin Subd. 5. new text end

new text begin Issuing a recommended decision and order. new text end

new text begin (a) If, upon a preponderance of
evidence, the hearing officer determines that any party named in the complaint has engaged
in or is engaging in an unfair labor practice:
new text end

new text begin (1) the hearing officer must issue a recommended decision and an order stating findings
of fact and conclusions, and requiring the party:
new text end

new text begin (i) to cease and desist from the unfair labor practice; and
new text end

new text begin (ii) if the party is a TNC, to send a cease-and-desist notice to each of the TNC's drivers
who completed at least one ride in the last year, using a form designated by the board;
new text end

new text begin (2) the hearing officer may order any appropriate relief, including but not limited to
reinstatement, back pay, and any other remedies that make a charging party whole. If back
pay is awarded, the award must include interest at the rate of seven percent per annum; and
new text end

new text begin (3) the hearing officer may require the party to make periodic reports to demonstrate
the extent to which the party has complied with the order.
new text end

new text begin (b) If there is no preponderance of evidence that the party named in the complaint has
engaged in or is engaging in the unfair labor practice, the hearing officer must issue a
recommended decision and order stating findings of fact and dismissing the complaint.
new text end

new text begin (c) Unless the board reviews the recommended decision and order on its own motion
under subdivision 6, the recommended decision and order is not legal precedent and is final
and binding only on the parties to the proceeding.
new text end

new text begin Subd. 6. new text end

new text begin Review by the board. new text end

new text begin (a) The board may review a recommended decision and
order on the board's own motion.
new text end

new text begin (b) The board must review a recommended decision and order if a party to the complaint
files an exception no later than 30 days after service of the recommended decision and order.
new text end

new text begin (c) If the board reviews the recommended decision and order, the board:
new text end

new text begin (1) may adopt all, part, or none of the recommended decision and order, based on the
extent to which the recommended decision and order is consistent with the record and
applicable laws; and
new text end

new text begin (2) must issue and serve on all parties a final decision and order.
new text end

new text begin The board retains jurisdiction over the case to ensure the parties' compliance with the final
decision and order.
new text end

new text begin (d) Until overturned by an order of the board, the parties must comply with the hearing
officer's recommended decision and order.
new text end

new text begin (e) Until the record has been filed in the court of appeals or district court, the board may
at any time, upon reasonable notice and in a manner the board deems appropriate, modify
or set aside, in whole or in part, any finding or order made or issued by the board.
new text end

new text begin Subd. 7. new text end

new text begin Enforcement by a district court. new text end

new text begin (a) Upon issuance of a final order that an
unfair labor practice has been committed, either the board or the charging party may petition
the district court for enforcement of the order, appropriate temporary relief, or a restraining
order. If the board petitions the court, the charging party may intervene as a matter of right.
new text end

new text begin (b) When it appears that any party has violated a final order of the board issued under
this section:
new text end

new text begin (1) the board must:
new text end

new text begin (i) petition the district court for an order directing the party and its officers, agents,
servants, successors, and assignees to comply with the board's order; and
new text end

new text begin (ii) appoint counsel to represent the board in the enforcement action; and
new text end

new text begin (2) the district court may:
new text end

new text begin (i) grant or refuse, in whole or in part, the relief sought;
new text end

new text begin (ii) stay an order of the board pending disposition of the proceedings; and
new text end

new text begin (iii) punish a violation of the district court's order as in civil contempt.
new text end

new text begin Subd. 8. new text end

new text begin Petitioning the board for injunctive relief. new text end

new text begin (a) A party filing an unfair labor
practice charge under this section may petition the board to obtain injunctive relief, pending
a decision on the merits by the board or a hearing officer.
new text end

new text begin (b) When a petition for injunctive relief is filed, the board must petition the district court,
upon notice to all parties, for the necessary injunctive relief, if the petitioner shows that:
new text end

new text begin (1) there is reasonable cause to believe an unfair labor practice has occurred;
new text end

new text begin (2) immediate and irreparable injury, loss, or damage will result because of the unfair
labor practice, making any judgment on the merits ineffective, and requiring maintenance
or restoration of the status quo to provide meaningful relief; and
new text end

new text begin (3) the balance of the hardships weighs in favor of issuing the injunction.
new text end

new text begin Immediate and irreparable harm includes discouraging drivers from exercising their rights
under this chapter. Immediate and irreparable injury, loss, or damage is presumed if the
TNC fails to provide the required data under section 179B.03, subdivision 2, paragraph (a),
to any party.
new text end

new text begin (c) If the board determines not to seek injunctive relief, the charging party may seek
injunctive relief by petition to the district court and the board must be joined as a necessary
party.
new text end

new text begin (d) If the board fails to act on a petition for injunctive relief within ten days, the board,
for purposes of review, must be deemed to have made a final order determining not to seek
injunctive relief.
new text end

new text begin (e) Nothing in this subdivision precludes a charging party from seeking injunctive relief
in district court after filing the unfair labor practice charge.
new text end

new text begin Subd. 9. new text end

new text begin Injunctive relief in district court. new text end

new text begin (a) When a petition for injunctive relief is
filed with the district court, upon notice to all parties, the district court may grant the
necessary injunctive relief if the petitioner shows that:
new text end

new text begin (1) there is reasonable cause to believe an unfair labor practice has occurred;
new text end

new text begin (2) immediate and irreparable injury, loss, or damage will result because of the unfair
labor practice, rendering a resulting judgment on the merits ineffectual, thus necessitating
the maintenance of, or return to, the status quo to provide meaningful relief; and
new text end

new text begin (3) the balance of the hardships weighs in favor of issuing the injunction.
new text end

new text begin Immediate and irreparable harm includes discouraging drivers from exercising their rights
under this chapter. Immediate and irreparable injury, loss, or damage is presumed if the
TNC fails to provide an accurate list of the drivers' names and addresses.
new text end

new text begin (b) Any injunctive relief granted by the district court expires on:
new text end

new text begin (1) a decision by a hearing officer or the board finding that no unfair labor practice
occurred;
new text end

new text begin (2) a successful appeal of the grant of injunctive relief;
new text end

new text begin (3) a successful motion by the respondent to vacate or modify the injunction under
Minnesota Rules of Civil Procedure;
new text end

new text begin (4) a recommended decision and order by a hearing officer finding that an unfair labor
practice occurred to which the respondent fails to file an exception and implements the
remedy; or
new text end

new text begin (5) a final decision and order by the board finding that an unfair labor practice occurred
to which the respondent implements the remedy.
new text end

new text begin (c) Notwithstanding paragraph (b), injunctive relief granted by the district court does
not expire if the board notifies the district court that the district court's injunctive relief
implements a remedial order issued by the board.
new text end

new text begin (d) The board or hearing officer must conclude the hearing process and issue a decision
on the merits within 60 days after the imposition of injunctive relief under this subdivision,
unless an extension is mutually agreed by the respondent and charging party.
new text end

new text begin (e) An appeal of any order granting, denying, modifying, or vacating injunctive relief
ordered by the court under this subdivision must be made in accordance with Minnesota
Rules of Civil Procedure and Minnesota Rules of Appellate Procedure.
new text end

new text begin (f) The petitioner for injunctive relief under this subdivision is not required to give any
undertakings or bond and is not liable for any damages or costs that may be sustained by
reason of any injunctive relief ordered.
new text end

Sec. 6.

new text begin [179B.06] REPRESENTATIVES.
new text end

new text begin Subdivision 1. new text end

new text begin Bargaining unit. new text end

new text begin For purposes of this chapter, every driver is included
in a single industry-wide bargaining unit.
new text end

new text begin Subd. 2. new text end

new text begin Certification as bargaining representative. new text end

new text begin (a) A labor organization may file
a petition with the commissioner requesting certification as a bargaining representative.
The petition must include:
new text end

new text begin (1) sufficient evidence to demonstrate that the organization meets the definition of a
labor organization under section 179B.01, subdivision 12; and
new text end

new text begin (2) cards, petitions, or other evidence, which may be in electronic form, sufficient to
demonstrate that at least five percent of active drivers want to be represented by the labor
organization for the purpose of collective bargaining.
new text end

new text begin (b) To be valid, a card, petition, or other evidence submitted under paragraph (a), clause
(2), must have been executed by an active driver no more than one year before the date the
labor organization submits the evidence to the commissioner.
new text end

new text begin (c) The commissioner must investigate any petition filed under paragraph (a) and make
a determination about certification within 45 days of receiving a petition.
new text end

new text begin (d) If the commissioner determines that the petition fails to meet the requirements of
paragraph (a), the petition must be rejected without prejudice to the labor organization's
ability to resubmit a new petition.
new text end

new text begin (e) If the commissioner determines that the petition meets the requirements of paragraph
(a), the commissioner must:
new text end

new text begin (1) certify the labor organization as a bargaining representative;
new text end

new text begin (2) require each TNC to send to all drivers who completed at least one ride in the last
year a notice, in a form determined by the commissioner, stating that the labor organization
is seeking to represent drivers for the purpose of initiating a bargaining process to establish
terms and conditions for the industry;
new text end

new text begin (3) provide the labor organization the data in section 179B.03, subdivision 2, paragraph
(c), for the most recent available quarter and updated versions of that data for each quarter
for the next year; and
new text end

new text begin (4) for six months from the date of the commissioner's certification, not certify any other
labor organization as the exclusive representative of the bargaining unit without an election.
new text end

new text begin Subd. 3. new text end

new text begin Certification as exclusive representative. new text end

new text begin (a) A labor organization that provides
evidence to the commissioner that the labor organization has been authorized to act as the
bargaining representative of at least 25 percent of active drivers must be certified as the
exclusive representative of all drivers in the bargaining unit, as follows:
new text end

new text begin (1) if the commissioner determines that the labor organization has been designated as
the bargaining representative by at least 25 percent of active drivers, the commissioner must
certify the labor organization as the exclusive representative, subject to clause (2); and
new text end

new text begin (2) if the labor organization seeking certification as the exclusive representative under
this subdivision provides evidence that at least 25 percent, but less than a majority of active
drivers, have designated the labor organization to act as their bargaining representative, the
commissioner must wait seven days before certifying the labor organization as the exclusive
representative. If, during those seven days, another labor organization provides evidence
that at least 25 percent of active drivers have authorized the labor organization to act as
their bargaining representative, or if a driver provides evidence that at least 25 percent of
active drivers do not wish to be represented by any labor organization, the commissioner
must hold a representation election, as expeditiously as possible, among all active drivers.
new text end

new text begin (b) A labor organization that has been certified under subdivision 2 as the bargaining
representative of at least five percent of active drivers may petition the commissioner to
conduct an election among all active drivers. The election must be conducted as soon as
possible.
new text end

new text begin (c) In an election among all active drivers:
new text end

new text begin (1) the labor organization receiving a majority of the valid votes cast must be certified
as the exclusive representative of the entire bargaining unit; or
new text end

new text begin (2) when two or more labor organizations are on the ballot and none of the options
receive a majority of the valid votes cast, there must be a runoff election between the two
organizations receiving the first and second largest number of votes. The labor organization
receiving a majority of the valid votes cast in the runoff election must be certified as the
exclusive representative of the entire bargaining unit. If a majority of the valid votes cast
are for "no labor organization," the commissioner must not certify any labor organization
as the exclusive representative.
new text end

new text begin (d) Once the commissioner certifies a labor organization as the exclusive representative,
the commissioner must notify all TNCs of the certification.
new text end

new text begin (e) A labor organization certified as the exclusive representative has the exclusive
authority to represent the entire bargaining unit, without challenge by another labor
organization, for the greater of:
new text end

new text begin (1) a period of one year; or
new text end

new text begin (2) the period during which recommendations made binding by a final determination
under section 179B.07, subdivision 6, are in effect.
new text end

new text begin (f) When an exclusive representative is open to challenge, as defined by paragraph (e),
active drivers may petition the commissioner for a decertification election. If an active driver
demonstrates that at least 25 percent of active drivers support decertification, the
commissioner must schedule an election to determine whether the labor organization has
retained its status as exclusive representative. The labor organization retains its status as
exclusive representative if it receives a majority of valid votes cast by active drivers.
new text end

new text begin (g) When a labor organization is designated the exclusive representative for the bargaining
unit, only that labor organization is entitled to:
new text end

new text begin (1) receive from the TNCs on a quarterly basis the driver data in section 179B.03,
subdivision 2, paragraph (a);
new text end

new text begin (2) receive from the commissioner on a quarterly basis the driver data in section 179B.03,
subdivision 2, paragraph (c); and
new text end

new text begin (3) engage in bargaining with the TNCs for negotiated recommendations to the
commissioner of labor and industry regarding compensation, benefits, and terms and
conditions of work for drivers.
new text end

new text begin (h) For purposes of this subdivision, the operative list of active drivers must be based
on the most recent quarterly list provided by the commissioner under section 179B.03,
subdivision 2, paragraph (c).
new text end

new text begin Subd. 4. new text end

new text begin Dues deduction. new text end

new text begin (a) A labor organization designated as the exclusive
representative under subdivision 3 has a right to voluntary membership dues deductions.
new text end

new text begin (b) To receive a dues deduction from an individual, the labor organization must present
the TNC with a dues deduction authorization card signed by that driver either by hand or
with an electronic signature, as defined in section 325L.02, paragraph (h).
new text end

new text begin (c) A TNC must start making dues deductions as soon as practicable, but in no case later
than 30 days after receiving proof of a signed dues deduction authorization card, and dues
must be submitted to the labor organization within 30 days of the deduction.
new text end

new text begin (d) Once established, a membership dues deduction must remain in full force and effect
until the individual revokes membership in the labor organization in writing in accordance
with the terms of the signed authorization.
new text end

new text begin Subd. 5. new text end

new text begin Functions of a neutral body. new text end

new text begin (a) A determination of a numerical threshold
under subdivisions 2 and 3 may be made, and an election under subdivision 3 may be
conducted, by a neutral body agreed upon by:
new text end

new text begin (1) the labor organization or driver seeking the determination or election; and
new text end

new text begin (2) the relevant TNCs.
new text end

new text begin (b) The fees of the neutral body must be paid by the commissioner.
new text end

new text begin (c) The neutral body must report the results of the determination or election to the
commissioner. The commissioner must certify the results if the commissioner is satisfied
that the determination was made or election was conducted in accordance with this chapter.
new text end

new text begin (d) If no neutral body has been agreed to within ten days of the request for certification
or the need for election, the commissioner may designate a neutral body or serve as the
neutral body.
new text end

Sec. 7.

new text begin [179B.07] BARGAINING.
new text end

new text begin Subdivision 1. new text end

new text begin Requirement to bargain. new text end

new text begin Once the commissioner certifies a labor
organization as the exclusive representative, all TNCs are required to bargain with the
exclusive representative regarding compensation, benefits, and terms and conditions of
work, including a dispute resolution process for disputes about the terms of the final
determination of the commissioner of labor and industry.
new text end

new text begin Subd. 2. new text end

new text begin Negotiating recommendations. new text end

new text begin (a) To facilitate negotiations with the exclusive
representative, TNCs may form an industry association to negotiate on behalf of the TNCs
and approve negotiated recommendations.
new text end

new text begin (b) If the TNCs choose not to form an industry association, any negotiated
recommendations must be approved by:
new text end

new text begin (1) at least two TNCs; and
new text end

new text begin (2) TNCs representing at least 80 percent of the market share of the industry in Minnesota,
with votes determined in proportion to the number of rides completed by drivers contracting
directly with each TNC in the two quarters preceding the certification of the exclusive
representative.
new text end

new text begin (c) Once the exclusive representative and TNCs have reached a set of negotiated
recommendations for the industry that have been approved under paragraph (b) or by the
industry association, the negotiated recommendations must be submitted by the exclusive
representative to a vote by all drivers who have completed at least 100 trips in the previous
quarter. If the majority of valid votes cast are for approval, the negotiated recommendations
must be submitted to the commissioner of labor and industry for approval by a final
determination. If the majority of valid votes cast are not in favor of the negotiated
recommendations, the labor organization and the TNCs must resume bargaining.
new text end

new text begin Subd. 3. new text end

new text begin Impasse. new text end

new text begin (a) For purposes of this section, an impasse may be deemed to exist
if the TNCs and the exclusive representative have failed to achieve agreement on negotiated
recommendations by the end of a 180-day period that begins on either:
new text end

new text begin (1) the day the exclusive representative is certified; or
new text end

new text begin (2) the expiration date of negotiated recommendations made binding by a prior final
determination by the commissioner of labor and industry under subdivision 6.
new text end

new text begin (b) Upon impasse, any of the TNCs or the exclusive representative may request that the
commissioner hold an impasse proceeding.
new text end

new text begin (c) If an impasse proceeding is requested, the commissioner must appoint a mediator
from a list of qualified persons maintained by the commissioner. The parties may decline
the commissioner's selection and select a mediator satisfactory to them.
new text end

new text begin (d) If the mediator selected under paragraph (c) is unable to achieve agreement between
the parties within 30 days after the day the commissioner appointed a mediator, any party
may petition the commissioner to refer the dispute to an arbitrator.
new text end

new text begin (e) If the commissioner receives a timely petition from any party to refer the dispute to
an arbitrator, the commissioner must first hold an election among all active drivers to choose
between decertifying the exclusive representative and submitting the dispute to the arbitrator.
If the majority of valid votes cast are for decertification, the exclusive representative must
be decertified and any recommendations previously negotiated and made binding through
a final determination from the commissioner of labor and industry must remain in place
until the recommendations expire as provided by the terms of the final determination. If the
majority of eligible votes cast are to have an arbitrator appointed, the commissioner must
notify the TNCs and the exclusive representative of the need to appoint an arbitrator.
new text end

new text begin Subd. 4. new text end

new text begin Selection of an arbitrator. new text end

new text begin (a) For purposes of this subdivision, the TNCs
form one group and the exclusive representatives form another group. All groups must:
new text end

new text begin (1) have an equal say in the selection of the arbitrator; and
new text end

new text begin (2) share equally the cost of the arbitrator.
new text end

new text begin (b) If the groups are unable to agree upon the arbitrator within seven days of the
commissioner notifying the groups of the need to appoint an arbitrator, the commissioner
must submit to the groups a list of persons qualified to be selected as an arbitrator. Upon
submission of the list, a representative of each of the two groups must alternately strike
from the list one of the names, with the order of striking determined by lot, until only one
name remains. The representatives of the groups must notify the commissioner of the final
name and the remaining person must be appointed by the commissioner as the arbitrator.
new text end

new text begin (c) Each group must select a representative for the striking process in paragraph (b).
new text end

new text begin (d) If the groups have not selected an arbitrator within 12 days of the commissioner's
notice under subdivision 3, paragraph (e), clause (2), the commissioner must appoint an
arbitrator.
new text end

new text begin Subd. 5. new text end

new text begin Arbitration proceedings. new text end

new text begin (a) Once appointed, the arbitrator must hold hearings
on all matters related to the dispute. The arbitrator has discretion and authority to:
new text end

new text begin (1) determine the order of presentation by the parties;
new text end

new text begin (2) decide all procedural issues; and
new text end

new text begin (3) require the production of additional oral or written evidence from the parties.
new text end

new text begin (b) Each party may choose its own representative for the proceedings, including
self-representation or representation by counsel. The exclusive representative and all TNCs
engaging at least 50 active drivers may each present either orally or in writing, or both,
statements of fact, supporting witnesses, other evidence, and arguments for their respective
positions. Any TNC engaging fewer than 50 active drivers may also submit materials to the
arbitrator, but only in writing.
new text end

new text begin (c) Upon the request of any party, a full and complete record of the proceedings must
be kept, with the cost borne by the requesting party. If a record of the hearing is created, it
must be shared with all parties regardless of which party paid for the record.
new text end

new text begin (d) Within 60 days of the arbitrator's appointment, the arbitrator must make a just and
reasonable determination of the matters in dispute that will apply to all TNCs and the
exclusive representative. The arbitrator must specify the basis for the findings, taking into
consideration, in addition to any factors recommended by the parties that the arbitrator finds
to be consistent with this chapter, the following:
new text end

new text begin (1) whether the compensation, benefits, hours, and conditions of work of the drivers are
sufficient to provide those individuals a standard of living that permits them to rent or own
housing in the community and to sustain themselves and their families in good health and
reasonable prosperity, including by setting money aside for emergencies and retirement.
This amount must take into account the real cost of living, may substantially exceed any
statutory minimum wage, and should be an amount that makes it unnecessary for drivers
and their dependents to rely upon any public benefits;
new text end

new text begin (2) whether the most efficient way to provide benefits is through a portable benefits fund
and, if so, how to best assess each TNC a portion of the costs of providing those benefits;
new text end

new text begin (3) the financial ability of the TNCs to pay for the compensation and benefits in question
and the impact of those costs on the services provided by TNCs;
new text end

new text begin (4) the establishment of reasonable dispute resolution mechanisms for disputes arising
from compliance with the final determination; and
new text end

new text begin (5) comparison of the particularities of this industry to those of other trades or professions,
including specifically:
new text end

new text begin (i) hazards of work;
new text end

new text begin (ii) physical qualifications;
new text end

new text begin (iii) educational qualifications;
new text end

new text begin (iv) mental qualifications;
new text end

new text begin (v) job training and skills; and
new text end

new text begin (vi) reasonable expenses incurred by drivers in providing services to TNCs.
new text end

new text begin (e) Any party, within seven days of the filing of the determination by the arbitrator, may
petition the commissioner to set aside the determination for any of the following reasons:
new text end

new text begin (1) there was corruption in the selection of the arbitrator;
new text end

new text begin (2) the arbitrator's determination was procured by corruption, fraud, or other undue
means; or
new text end

new text begin (3) the rights of the petitioning party were substantially prejudiced by the misconduct
of the arbitrator.
new text end

new text begin If the commissioner finds that the petitioner has established a prima facie case that any of
these grounds exist, the commissioner must within ten days vacate the determination of the
arbitrator and must order the selection and appointment of a new arbitrator under subdivision
4.
new text end

new text begin Subd. 6. new text end

new text begin Final determinations. new text end

new text begin (a) The commissioner of labor and industry must review
and either approve or disapprove:
new text end

new text begin (1) any recommendations negotiated between TNCs and an exclusive representative
under subdivision 2; and
new text end

new text begin (2) any determination reached by an arbitrator under subdivision 5.
new text end

new text begin (b) In deciding whether to grant approval to the negotiated recommendations or
determination made by the arbitrator, the commissioner of labor and industry must:
new text end

new text begin (1) consider the factors specified in subdivision 5, paragraph (d), and the state's interest
in protecting drivers' health and general well-being against unfair competition of wage and
labor standards that do not promote stable working conditions in the transportation network
industry;
new text end

new text begin (2) afford the exclusive representative, all TNCs, and all drivers who have completed
at least 100 trips in the previous quarter, no more than 30 days to submit comments and
arguments concerning whether approval is warranted; and
new text end

new text begin (3) issue a final determination within 60 days of the deadline for submitting comments.
new text end

new text begin (c) In the event of disapproval, the commissioner of labor and industry may make
recommendations for amendments to the negotiated recommendations or arbitrator's
determination that would cause the commissioner of labor and industry to approve and
afford the parties an opportunity to respond to those recommendations.
new text end

new text begin (d) The commissioner of labor and industry's final determination is an order with
conclusive effect as to all parties subject to the review process in section 179B.09.
new text end

new text begin (e) The commissioner of labor and industry's final determination must include a date
following which new recommendations may be set for the bargaining unit through the
bargaining process set forth in this section. This date must not be more than three years
following the date of the issuance of the final determination.
new text end

new text begin (f) If, before the date set in paragraph (e), the commissioner of labor and industry
determines that market conditions have changed, the commissioner of labor and industry
must give the exclusive representative, all TNCs, and all drivers who have completed at
least 100 trips in the previous quarter the opportunity to submit comments and arguments
concerning whether the final determination should be changed. After receiving those
comments, the commissioner of labor and industry may change the final determination.
new text end

Sec. 8.

new text begin [179B.08] NO EROSION OF MINIMUM STANDARDS.
new text end

new text begin Final determinations under section 179B.07, subdivision 6, do not diminish or erode a
minimum labor standard that would otherwise apply to a driver.
new text end

Sec. 9.

new text begin [179B.09] JUDICIAL REVIEW.
new text end

new text begin Subdivision 1. new text end

new text begin Bureau of Mediation Services. new text end

new text begin Unless reversed or modified in
proceedings for enforcement or judicial review as provided in this chapter, final orders of
the commissioner of the bureau under section 179B.06 are conclusive against: (1) all parties
to those proceedings; and (2) persons who had an opportunity to be parties to those
proceedings.
new text end

new text begin Subd. 2. new text end

new text begin Department of Labor and Industry. new text end

new text begin Unless reversed or modified in
proceedings for enforcement or judicial review as provided in this chapter, final orders of
the commissioner of labor and industry, including final determinations made under section
179B.07, subdivision 6, are conclusive against: (1) all parties to those proceedings; and (2)
persons who had an opportunity to be parties to those proceedings.
new text end

new text begin Subd. 3. new text end

new text begin Not subject to judicial review. new text end

new text begin Except in a proceeding brought to challenge
a final order of the commissioner of labor and industry or the commissioner of the bureau,
the determination of an arbitrator is not subject to judicial review.
new text end