Cal. BPC § 7470.9 — California Code / Code bpc / Division 3 / Chapter 10.7 / Section 7470.9
Section 7470.9
Status: in_force

(a) The certified driver bargaining organization shall have the right to represent all TNC drivers in the bargaining unit with respect to matters within the TNC driver organization’s role as representative for purposes of this chapter. No other TNC driver organization shall be entitled to engage in bargaining with the covered TNCs concerning matters within the scope of representation.

(b) The certified driver bargaining organization shall represent each TNC driver in the represented unit fairly with respect to matters within the scope of representation of the bargaining unit for purposes of this chapter, without discrimination and without regard to whether the TNC driver is a member of the TNC driver organization.

(c) The certified driver bargaining organization shall be entitled to receive from the board, on a quarterly basis, within three weeks after the end of each calendar quarter, the lists of TNC drivers provided by the covered TNC to the board pursuant to Section 7470.6. The covered TNCs and the certified driver bargaining organization may, by mutual agreement, change the specification of the data that must be included on the list. The specification of the data that will be included on the list shall be within the scope of bargaining. The certified driver bargaining organization may use the information in the list only for the sole purpose of representing TNC drivers as authorized by this chapter and may not provide the information to any third party unless that party is acting as the organization’s agent for purposes authorized by this chapter or administering benefits to drivers pursuant to a bargaining agreement. No other TNC driver organization shall be entitled to receive such a list from the board. Before receiving the list, the certified driver bargaining organization shall certify to the satisfaction of the board that the organization has implemented sufficient data security protection procedures in compliance with applicable data privacy laws, strictly limiting the use of data to what is permitted under this chapter, and establishing clear protocols for data breach notifications. A covered TNC shall not be liable for any damages caused by the certified driver bargaining organization’s or the board’s failure to safeguard the list described in this section from a data or security breach.

(d) The certified driver bargaining organization shall have a right to voluntary membership dues deduction upon presentation of dues deduction authorizations signed by individual TNC drivers, which may be in an electronic format or through the covered transportation network company’s online-enabled application.

(1) A covered TNC shall commence making deductions as soon as practicable, but no later than 30 days after receiving proof of a signed dues deduction authorization, and dues shall be submitted to the certified driver bargaining organization within 30 days of the deduction.

(2) The right to the membership dues deduction shall remain in full force and effect until an individual revokes authorization for deductions in writing in accordance with the terms of the signed authorization.

(e) (1) Within 30 days after certification of the certified driver bargaining organization, the board shall develop a notice of TNC driver rights that notifies TNC drivers of their rights under this chapter and other applicable law, explains that TNC drivers are represented by the certified driver bargaining organization, provides the internet website and contact information of the certified driver bargaining organization, and informs TNC drivers of the procedure for filing an unfair practice charge. The board shall also post a copy of this notice on its internet website, may provide different versions of the notice that are appropriate for different means of communication, shall translate versions of the notice into all languages that the board determines are likely spoken by 5 percent or more of TNC drivers, and may modify this notice from time to time upon request of the certified driver bargaining organization.

(2) Within 30 days of the board’s development of the notice described in paragraph (1), and at least once per month thereafter, each covered TNC shall send the notice to all TNC drivers who have provided rides within the State of California within the prior six months by text, email, and through the method that the covered TNC ordinarily uses to communicate with TNC drivers, provided that a covered TNC may petition to the board to be exempted from this requirement if it would impose an undue cost upon the covered TNC.

(3) Each covered TNC shall provide newly activated TNC drivers a notice, via electronic communication on its digital network, that they are represented by the certified driver bargaining organization upon the TNC driver’s activation and that, if the driver performs 20 or more rides during a six-month period, their contact information will be provided to the certified driver bargaining organization on the next quarterly list. The notice shall be in a form approved by the certified driver bargaining organization and shall provide contact information for the certified driver bargaining organization.

(4) A covered TNC shall, within five days of receiving a request from the certified driver bargaining organization, confirm whether an individual has completed rides through the TNC’s platform.