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SF5134 • 2026
Transportation network company drivers collective bargaining rights establishment and regulation provisions
Transportation network company drivers collective bargaining rights establishment and regulation provisions
Passed Legislature
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Bill History
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2026-04-15
House
Introduction and first reading
Official Summary Text
Transportation network company drivers collective bargaining rights establishment and regulation provisions
Current Bill Text
Read the full stored bill text
A bill for an act relating to labor; creating and regulating collective bargaining rights for transportation network company drivers; authorizing rulemaking; establishing a civil penalty; amending Minnesota Statutes 2024, section 181C.03; 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 (j), 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: new text end new text begin (1) was 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) was 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 the labor organization 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 the labor organization 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 Covered TNC. new text end new text begin "Covered TNC" means a TNC that is a covered TNC based on rideshare volume, as determined under section 179B.03, subdivision 2, paragraph (c). new text end new text begin Subd. 9. 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. 10. new text end new text begin District court. new text end new text begin "District court" means the district court for the county in which: new text end new text begin (1) the unfair labor practice that is the subject of the order or administrative complaint was committed; or new text end new text begin (2) a party alleged to have committed the unfair labor practice resides or transacts business. new text end new text begin Subd. 11. 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. 12. 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. 13. new text end new text begin Labor organization. new text end new text begin "Labor organization" means an 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. 14. 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 and 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 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. 15. 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. 16. 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 Organize. new text end new text begin A driver has the right to: new text end new text begin (1) self-organize; new text end new text begin (2) form, join, or assist labor organizations; new text end new text begin (3) not form, join, or assist labor organizations; and new text end new text begin (4) designate an exclusive representative to bargain collectively regarding grievance procedures and the terms and conditions of the driver's work. new text end new text begin Subd. 2. new text end new text begin 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 covered TNCs regarding grievance procedures and the terms and conditions of the drivers' work. The obligation to meet and negotiate 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 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.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 on ....., within 14 days after the end of each calendar quarter and at the completion of every ... months thereafter, each TNC must electronically submit to the bureau a single statewide total of the rides performed during the prior quarter by TNC drivers on the bureau's online-enabled application or platform. new text end new text begin (b) Within 14 days after the deadline in paragraph (a), the bureau must total all rides reported pursuant to paragraph (a). new text end new text begin (c) The bureau must rank all TNCs by rideshare volume in descending order. The bureau must begin with the highest ranked TNC and continue down the list until the bureau has identified the TNCs whose rides collectively equal or exceed 95 percent of the statewide total for the preceding quarter. The TNCs comprising at least 95 percent of the statewide total rides must be deemed covered TNCs for purposes of this chapter. new text end new text begin (d) For purposes of this subdivision, all TNCs under common ownership or control must be considered to be a single TNC. The bureau must publish the list of covered and noncovered TNCs and rideshare volume information on the bureau's website. The bureau must notify each TNC as to whether the TNC is a covered TNC. new text end new text begin (e) If a TNC willfully fails to submit the information required in paragraph (a), the board must promptly issue a complaint charging the TNC with an unfair labor practice and petition a court of competent jurisdiction for temporary relief to compel production of the information required in paragraph (a). new text end new text begin (f) In addition to any other remedy provided by law, a TNC found to have committed an unfair labor practice by failing to submit the information required in paragraph (a) must be subject to a civil penalty, not to exceed $10,000 per day for each day after the deadline that the information required in paragraph (a) was not provided. The amount of the penalty must be determined by the board through application of the following criteria: new text end new text begin (1) the size of the TNC; new text end new text begin (2) the severity of the violation; and new text end new text begin (3) any prior history of violations by the TNC. new text end new text begin (g) In addition to any other remedy provided by law, a TNC found to have committed an unfair labor practice by failing to submit the information required in paragraph (a) must be required to pay the board's attorney fees and costs for any court proceeding initiated by the board to compel production of the information required in paragraph (a). new text end new text begin (h) The failure of a TNC to submit the information required in paragraph (a) must not prevent the bureau from providing a list of covered and noncovered TNCs to the extent the bureau concludes that the missing information cannot reasonably be expected to change whether those TNCs are covered or noncovered TNCs. new text end new text begin (i) Beginning October 1, 2026, within 14 days at the end of each quarter, each covered TNC must submit to the commissioner, in manipulable electronic format to be determined by the commissioner, an alphabetical list of the names, license numbers, phone numbers, mailing addresses, email addresses, the TNC driver's first date of joining the platform, and number of completed rides originated in this state in the previous quarter for each driver who completed at least one ride that originated in this state on that TNC's platform in the previous quarter. new text end new text begin (j) Beginning January 1, 2027, for each quarter, the commissioner must use the data provided by all covered TNCs under paragraph (a) to determine: new text end new text begin (1) the distribution of the number of rides completed by all drivers who completed at least five rides in the previous two quarters and for whom data has been submitted; and new text end new text begin (2) the median number of rides completed by drivers who completed at least five rides in the previous two quarters and for whom the data has been submitted. new text end new text begin (k) Beginning January 1, 2027, for each quarter, the commissioner must create a list that contains only the data supplied in paragraph (i) for active drivers. The bureau must take appropriate steps to ensure that TNC drivers who drive for multiple covered TNCs are not listed multiple times but are listed a single time with the relevant covered TNCs designated. An individual covered TNC's failure to submit the information required in paragraph (a) does not relieve the bureau of its responsibility to timely provide the list required by this paragraph. The list must not be considered public records under any applicable law. 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 the labor organization's 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) lock out 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 a driver 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 a driver organization or the meetings, management, operations, elections, formulation, or amendment of constitutions, rules, or policies, of a driver organization; new text end new text begin (ii) offering incentives to drivers to join a driver organization; or new text end new text begin (iii) donating free services, equipment, materials, office or meeting space, or anything else of value for use by a driver 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 a term or condition of work to encourage membership in a company union or discourage membership in a 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 provided information or testimony in accordance with this chapter; new text end new text begin (13) distribute a list of (i) individuals exercising a 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 new text begin Subd. 3. new text end new text begin Negotiate in good faith. new text end new text begin For purposes of this section, "negotiate in good faith" means the performance of the mutual obligation of the covered TNCs or their agents or representatives and the exclusive representative to meet at reasonable times and negotiate with honesty in fact with respect to subjects within the scope of representation and to execute a written contract incorporating any agreement reached if requested by either party. The mutual obligation does not compel either party to agree to a proposal or require the making of a concession. 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 to prevent the unfair labor practices in section 179B.04. new text end new text begin (b) The board's enforcement power must not 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, each TNC must send a text message and an email in a form determined by the board at least once annually to each of its drivers who have completed at least one ride in the past year 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) A 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 may 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 a party fails to appear, testify, or 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 a 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 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 an 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 a 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 injury, loss, or damage 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, 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 injury, loss, or damage 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). 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 the 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 implemented 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 upon by the respondent and charging party. new text end new text begin (e) An appeal of an order granting, denying, modifying, or vacating injunctive relief ordered by the court under this subdivision must be made in accordance with the Rules of Civil Procedure and 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 who drives for a covered TNC is included in a single industrywide bargaining unit. new text end new text begin Subd. 2. new text end new text begin Proof of support. new text end new text begin A labor organization may submit proof that active TNC drivers have authorized a labor organization to act as their representative under subdivision 3 or 4 on a rolling basis, over any time period that the labor organization elects. The deadline for the bureau to determine whether the labor organization has presented proof that a sufficient number of active drivers wish to be represented by the labor organization must begin to run when the labor organization notifies the bureau that the labor organization believes it has presented sufficient proof and is requesting a bureau determination. new text end new text begin Subd. 3. 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 13; and new text end new text begin (2) cards, petitions, membership applications, dues deduction authorizations, or other evidence, which may be in electronic form, sufficient to demonstrate that at least five percent of active drivers elect 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, either in writing or electronically, by an active driver no more than one year before the date the labor organization submits the evidence to the commissioner and must include the driver's name and the date executed. new text end new text begin (c) The commissioner must investigate any petition filed under paragraph (a) and make a determination about certification within 30 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. The commissioner must state the reasons for the adverse determination in writing. new text end new text begin (e) An applicant determined not to meet the requirements of paragraph (a) may appeal the adverse determination within 30 days of receipt of the written determination. new text end new text begin (f) 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 covered TNC to send 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. 4. 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) within 30 days, the commissioner must make a determination as to whether the labor organization has been designated as the bargaining representative by at least 25 percent of active drivers. 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 of active drivers, but less than a majority, 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 a labor organization, the commissioner must hold a representation election, within 45 days, among all active drivers. new text end new text begin (b) A labor organization that has been certified under subdivision 2 as the exclusive representative of at least five percent of active drivers may petition the commissioner to conduct an election among all active drivers. Upon the receipt of a petition, the bureau must schedule a representation election to take place within 45 days and must announce the election date on the bureau's website. new text end new text begin (c) Thirty days prior to a representation election, the bureau must provide TNC drivers notice of the election date, how to vote, and what the effect of the representation election will be if the labor organization receives a majority of valid votes cast. The bureau must provide translated versions of the notice in all languages that the bureau determines are likely spoken by five percent or more of the TNC drivers. new text end new text begin (d) Within seven days of the bureau's provision of the notice required by paragraph (c), each covered TNC must send the notice by email, text, and through the methods the TNC ordinarily uses to communicate with TNC drivers, to all of the TNC drivers who appeared on the most recent list submitted by that TNC to the bureau. The bureau's notice must advise TNC drivers of the threshold for status as an active driver eligible to cast a vote. The board may provide different versions of the notice that are appropriate for different means of communication. new text end new text begin (e) 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 (f) 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 (g) Within 30 days after certification of the exclusive representative, the bureau must 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 exclusive representative, provides the website and contact information of the exclusive representative, and informs TNC drivers of the procedure for filing an unfair labor practice charge. The bureau must also post a copy of this notice on its website, may provide different versions of the notice that are appropriate for different means of communication, must translate versions of the notice into all languages that the bureau determines are likely spoken by five percent or more of the TNC drivers, and may modify this notice as needed upon request of the exclusive representative. new text end new text begin (h) Within 30 days of the board's development of the notice described in paragraph (g), and at least once per month thereafter, each covered TNC must send the notice to all TNC drivers who have provided rides within the state within the prior six months by text, email, and through the methods that the covered TNC ordinarily uses to communicate with TNC drivers, provided that a covered TNC may petition to the bureau to be exempted from this requirement if it would impose an undue cost upon the TNC. new text end new text begin (i) Each covered TNC must provide newly activated TNC drivers a notice, via electronic communication on its digital network, that they are represented by the exclusive representative upon the TNC driver's activation and that, if the individual qualifies as an active driver, the driver's contact information will be provided to the exclusive representative on the next quarterly list. The notice must be in a form approved by the exclusive representative and must provide contact information for the exclusive representative. new text end new text begin (j) A covered TNC must confirm whether an individual has completed rides through the TNC's platform within five days of receiving a request from the exclusive representative. new text end new text begin (k) 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 (l) If 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) be provided the driver data in section 179B.03, subdivision 2, paragraph (a), by covered TNCs on a quarterly basis; new text end new text begin (2) receive the driver data in section 179B.03, subdivision 2, paragraph (c), from the commissioner on a quarterly basis; and new text end new text begin (3) engage in bargaining with covered 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 (m) The covered TNCs and the certified exclusive representative may by mutual agreement change the specification of the data that must be included on the list required under section 179B.03, subdivision 2, paragraph (a). The specification of the data that will be included on the list required under section 179B.03, subdivision 2, paragraph (a), must be within the scope of bargaining. new text end new text begin (n) 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. 5. 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 an authorization signed by the individual TNC driver, which may be handwritten, in an electronic format, or through the covered TNC's online-enabled application. new text end new text begin (c) A covered TNC must start making dues deductions as soon as practicable, but no 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. 6. new text end new text begin Functions of 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 but not limited to the criteria for deactivating a TNC and 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, the covered 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 covered 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 covered TNCs; and new text end new text begin (2) covered 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 covered 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 exclusive representative and covered 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 exists if the covered 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, the parties must either continue to bargain or any of the covered TNCs or the exclusive representative must 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 instead select a mediator by mutual agreement of the parties. new text end new text begin (d) If the mediator selected under paragraph (c) is unable to achieve agreement between the parties 30 days after the date the mediator was appointed, any party may petition the commissioner to refer the dispute to 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 covered TNCs form one group and the exclusive representative forms the other group. If a dispute is referred to an arbitrator under subdivision 3, paragraph (d), both 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) equally share 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 individuals qualified to be selected as an arbitrator. Upon submission of the list, one 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 after the commissioner notifying the groups of the need to appoint an arbitrator, 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. A TNC engaging fewer than 50 active drivers may also submit materials to the arbitrator in writing. new text end new text begin (c) Upon the request of a 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, the record 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 applies to all covered 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. The 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 upon each covered TNC a portion of the costs of providing those benefits; new text end new text begin (3) the financial ability of the covered TNCs to pay for the compensation and benefits in question and the impact of those costs on the services provided by covered 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 the 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) Within seven days of the filing of the determination by the arbitrator, a party may petition the commissioner to set aside the determination for 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 vacate the determination of the arbitrator within ten days and 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 Duties of commissioner of labor and industry. new text end new text begin (a) For purposes of this subdivision, "commissioner" means the commissioner of labor and industry. new text end new text begin (b) The commissioner must issue a final determination and 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 (c) In deciding whether to grant approval to the negotiated recommendations or determination made by the arbitrator, the commissioner 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 (d) In the event of disapproval, the commissioner may make recommendations for amendments to the negotiated recommendations or arbitrator's determination that would cause the commissioner to approve and afford the parties an opportunity to respond to those recommendations. new text end new text begin (e) The commissioner'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 (f) The commissioner's final determination must include a date following which new recommendations may be set for the bargaining unit through the bargaining process under this section. The date must not be more than three years following the date of the issuance of the final determination. new text end new text begin (g) If, before the date set in paragraph (f), the commissioner determines that market conditions have changed, the commissioner of labor and industry must give the exclusive representative, all covered TNCs, and all drivers who drive for covered TNCs and 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 the comments and arguments, the commissioner 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 Sec. 10. Minnesota Statutes 2024, section 181C.03, is amended to read: 181C.03 MINIMUM COMPENSATION. (a) Minimum compensation of a TNC driver under this paragraph must be adjusted annually as provided under paragraph deleted text begin (f) deleted text end new text begin (d) new text end , and must be paid deleted text begin in a per minute, per mile format deleted text end new text begin on a per-trip basis new text end , as follows: (1) $1.28 per mile and $0.31 per minute for any transportation of a rider by a driver; (2) if applicable, an additional $0.91 per mile for any transportation of a rider by a driver in a vehicle that is subject to the requirements in sections 299A.11 to 299A.17 , regardless of whether a wheelchair securement device is used; (3) if a trip request is canceled by a rider or a TNC after the driver has already departed to pick up a rider, 80 percent of any cancellation fee paid by the rider; and (4) at minimum, compensation of $5.00 for any transportation of a rider by a driver. deleted text begin (b) A TNC must pay a driver the minimum compensation required under this section over a reasonable earnings period not to exceed 14 calendar days. The minimum compensation required under this section guarantees a driver a certain level of compensation in an earnings period that cannot be reduced. Nothing in this section prevents a driver from earning, or a TNC from paying, a higher level of compensation. deleted text end deleted text begin (c) deleted text end new text begin (b) new text end Any gratuities received by a driver from a rider or riders are the property of the driver and are not included as part of the minimum compensation required by this section. A TNC must pay the applicable driver all gratuities received by the driver in an earnings period no later than the driver's next scheduled payment. deleted text begin (d) For each earnings period, a TNC must compare a driver's earnings, excluding gratuities, against the required minimum compensation for that driver during the earnings period. If the driver's earnings, excluding gratuities, in the earnings period are less than the required minimum compensation for that earnings period, the TNC must include an additional sum accounting for the difference in the driver's earnings and the minimum compensation no later than during the next earnings period. deleted text end deleted text begin (e) deleted text end new text begin (c) new text end A TNC that uses software or collection technology to collect fees or fares must pay a driver the compensation earned by the driver, regardless of whether the fees or fares are actually collected. deleted text begin (f) deleted text end new text begin (d) new text end Beginning January 1, 2027, and each January 1 thereafter, the minimum compensation required under paragraph (a) must be adjusted annually by the same process as the statewide minimum wage under section 177.24, subdivision 1 .