Transp. network companies

AN ACT Relating to transportation network companies; amending RCW 1
46.72B.020 and 49.46.300; and adding a new section to chapter 46.72b 2
RCW. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 46.72B.020 and 2022 c 281 s 15 are each amended to 5
read as follows: 6
The definitions in this section apply throughout this chapter 7
unless the context clearly requires otherwise. 8
(1) "Department" means the department of licensing.9
(2) "Digital network" means any online-enabled application, 10
website, or system offered or used by a transportation network 11
company that enables the prearrangement of rides between drivers and 12
passengers. 13
(3) "Director" means the director of the department of licensing.14
(4) "Driver" has the meaning provided in RCW 49.46.300.15
(5) "Network services" has the meaning provided in RCW 49.46.300.16
(6) "Passenger" means an individual who uses a digital network to 17
connect with a driver in order to obtain a prearranged ride in the 18
driver's transportation network company vehicle. A person may use a 19
digital network to request a prearranged ride on behalf of a 20
passenger. 21
H-0343.2
HOUSE BILL 1332
State of Washington 69th Legislature 2025 Regular Session
By Representatives Obras, Gregerson, Berry, Alvarado, Ormsby, Davis,
Ramel, Salahuddin, Ryu, Parshley, Macri, Taylor, Reed, Hill, Doglio,
Scott, and Nance
Read first time 01/16/25. Referred to Committee on Labor & Workplace
Standards.
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(7) "Prearranged ride" has the same meaning provided in RCW 1
48.177.005. 2
(8) "Product class" means special ride options, offered to 3
passengers for additional fees, that are based on the type of 4
vehicle, such as make and model, or based on the type of vehicle 5
combined with specified features or ride preferences.6
(9) "Transportation network company" has the meaning provided in 7
RCW 49.46.300. 8
(((9))) (10) "Transportation network company vehicle" has the 9
same meaning as "personal vehicle" in RCW 48.177.005.10
NEW SECTION. Sec. 2. A new section is added to chapter 46.72b 11
RCW to read as follows: 12
(1) A transportation network company must inform transportation 13
network company drivers which vehicles, described by make, model, and 14
year, are eligible for each product class offered on the 15
transportation network company platform at the time the driver 16
onboards the vehicle to the platform. 17
(2) The transportation network company must ensure that once 18
onboarded, a driver's vehicle will retain eligibility for the same 19
product classes that were in effect at the time of the vehicle's 20
onboarding for as long as the transportation network company 21
continues to offer each product class and the driver's vehicle 22
continues to meet all safety standards and other requirements under 23
this chapter and any other local regulation. 24
(3) If a transportation network company plans to eliminate a 25
product class or modify vehicle eligibility requirements for newly 26
onboarded vehicles to a product class, the transportation network 27
company must provide all drivers on the transportation network 28
company's platform at least 60 days' written notice of the planned 29
changes before the transportation network company can implement the 30
changes. 31
(4) For a period of one year after the effective date of this 32
section, any transportation network company driver whose vehicle lost 33
eligibility for a particular product class in the previous five years 34
from the effective date of this section, may request a transportation 35
network company to reapply the product class eligibility standards 36
that were in effect at the time the vehicle was onboarded on the 37
platform. A transportation network company must approve such requests 38
as long as the transportation network company continues to offer the 39
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particular product class and the driver's vehicle continues to meet 1
all safety standards and other requirements under this chapter and 2
any other local regulation. 3
Sec. 3. RCW 49.46.300 and 2022 c 281 s 1 are each amended to 4
read as follows: 5
(1) The definitions in this subsection apply throughout this 6
section and RCW 49.46.310 through 49.46.350 unless the context 7
clearly requires otherwise. 8
(a) "Account deactivation" means one or more of the following 9
actions with respect to an individual driver or group of drivers that 10
is implemented by a transportation network company and lasts for more 11
than three consecutive days: 12
(i) Blocking access to the transportation network company driver 13
platform; 14
(ii) Changing a driver's status from eligible to provide 15
transportation network company services to ineligible; or16
(iii) Any other material restriction in access to the 17
transportation network company's driver platform. 18
(b) "Compensation" means payment owed to a driver by reason of 19
providing network services including, but not limited to, the minimum 20
payment for passenger platform time and mileage, incentives, and 21
tips. 22
(c) "Department" means the department of labor and industries.23
(d) "Digital network" means any online-enabled application, 24
website, or system offered or used by a transportation network 25
company that enables the prearrangement of rides between drivers and 26
passengers. 27
(e) "Director" means the director of the department of labor and 28
industries. 29
(f) "Dispatch location" means the location of the driver at the 30
time the driver accepts a trip request through the driver platform.31
(g) "Dispatch platform time" means the time a driver spends 32
traveling from a dispatch location to a passenger pick-up location. 33
Dispatch platform time ends when a passenger cancels a trip or the 34
driver begins the trip through the driver platform. A driver cannot 35
simultaneously be engaged in dispatch platform time and passenger 36
platform time for the same transportation network company. For shared 37
rides, dispatch platform time means the time a driver spends 38
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traveling from the first dispatch location to the first passenger 1
pick-up location. 2
(h) "Dispatched trip" means the provision of transportation by a 3
driver for a passenger through the use of a transportation network 4
company's application dispatch system. 5
(i) "Driver" has the same meaning as "commercial transportation 6
services provider driver" in RCW 48.177.005. Except as otherwise 7
specified in chapter 281, Laws of 2022, for purposes of this title 8
and Titles 48, 50A, 50B, and 51 RCW, and any orders, regulations, 9
administrative policies, or opinions of any state or local agency, 10
board, division, or commission, pursuant to those titles, a driver is 11
not an employee or agent of a transportation network company if the 12
following factors are met: 13
(i) The transportation network company does not unilaterally 14
prescribe specific dates, times of day, or a minimum number of hours 15
during which the driver must be logged into the transportation 16
network company's online-enabled application or platform;17
(ii) The transportation network company may not terminate the 18
contract of the driver for not accepting a specific transportation 19
service request; 20
(iii) The transportation network company does not contractually 21
prohibit the driver from performing services through other 22
transportation network companies except while performing services 23
through the transportation network company's online-enabled 24
application or platform during dispatch platform time and passenger 25
platform time; and 26
(iv) The transportation network company does not contractually 27
prohibit the driver from working in any other lawful occupation or 28
business. 29
Notwithstanding any state or local law to the contrary, any party 30
seeking to establish that the factors in this subsection (1)(i) are 31
not met bears the burden of proof. A driver for purposes of this 32
section shall not include any person ultimately and finally 33
determined to be an "employee" within the meaning of section 2 (3) of 34
the national labor relations act, 29 U.S.C. Sec. 152(3).35
(j) "Driver platform" means the driver-facing application 36
dispatch system software or any online-enabled application service, 37
website, or system, used by a driver, or which enables services to be 38
delivered to a driver that enables the prearrangement of passenger 39
trips for compensation. 40
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(k) "Driver resource center" or "center" means a nonprofit 1
organization that provides services to drivers. The nonprofit 2
organization must be registered with the Washington secretary of 3
state, have organizational bylaws giving drivers right to membership 4
in the organization, and have demonstrated experience: (i) Providing 5
services to gig economy drivers in Washington state, including 6
representing drivers in deactivation appeals proceedings; and (ii) 7
providing culturally competent driver representation services, 8
outreach, and education. The administration and formation of the 9
driver resource center may not be funded, excessively influenced, or 10
controlled by a transportation network company. 11
(l) "Driver resource center fund" or "fund" means the dedicated 12
fund created in RCW 49.46.310, the sole purpose of which is to 13
administer funds collected from transportation network companies to 14
provide services, support, and benefits to drivers.15
(m) "Network services" means services related to the 16
transportation of passengers through the driver platform that are 17
provided by a driver while logged in to the driver platform, 18
including services provided during available platform time, dispatch 19
platform time, and passenger platform time. 20
(n) "Passenger" has the same meaning as "commercial 21
transportation services provider passenger" in RCW 48.177.005.22
(o) "Passenger drop-off location" means the location of a 23
driver's vehicle when the passenger leaves the vehicle.24
(p) "Passenger pick-up location" means the location of the 25
driver's vehicle at the time the driver starts the trip in the driver 26
platform. 27
(q) "Passenger platform miles" means all miles driven during 28
passenger platform time as recorded in a transportation network 29
company's driver platform. 30
(r) "Passenger platform time" means the period of time when the 31
driver is transporting one or more passengers on a trip. For shared 32
rides, passenger platform time means the period of time commencing 33
when the first passenger enters the driver's vehicle until the time 34
when the last passenger exits the driver's vehicle.35
(s) "Personal vehicle" has the same meaning as "personal vehicle" 36
in RCW 48.177.005. 37
(t) "Shared ride" means a dispatched trip which, prior to its 38
commencement, a passenger requests through the transportation network 39
company's digital network to share the dispatched trip with one or 40
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more passengers and each passenger is charged a fare that is 1
calculated, in whole or in part, based on the passenger's request to 2
share all or a part of the dispatched trip with one or more 3
passengers, regardless of whether the passenger actually shares all 4
or a part of the dispatched trip. 5
(u) "Tips" means a verifiable sum to be presented by a passenger 6
as a gift or gratuity in recognition of service performed for the 7
passenger by the driver receiving the tip. 8
(v) "Transportation network company" has the same meaning as 9
defined in RCW 46.04.652. A transportation network company does not 10
provide for hire transportation service. 11
(2) A driver is only covered by this section to the extent that 12
the driver provides network services within the state of Washington.13
(3)(a) A transportation network company is covered by this 14
section if it provides a driver platform within the state of 15
Washington. 16
(b) Separate entities that form an integrated enterprise are 17
considered a single transportation network company under this 18
section. Separate entities will be considered an integrated 19
enterprise and a single transportation network company where a 20
separate entity controls the operation of another entity. Factors to 21
consider include, but are not limited to, the degree of interrelation 22
between the operations of multiple entities; the degree to which the 23
entities share common management; the centralized control of labor 24
relations; the degree of common ownership or financial control over 25
the entities; and the use of a common brand, trade, business, or 26
operating name. 27
(4)(a) Beginning December 31, 2022, a transportation network 28
company shall ensure that a driver's total compensation is not less 29
than the standard set forth in (a)(i), (ii), or (iii) of this 30
subsection (4). 31
(i) For all dispatched trips originating in cities with a 32
population of more than 600,000, on a per trip basis the greater of:33
(A) $0.59 per passenger platform minute for all passenger 34
platform time for that trip, and $1.38 per passenger platform mile 35
for all passenger platform miles driven on that trip; or36
(B) A minimum of $5.17 per dispatched trip. 37
(ii) For all other dispatched trips, the greater of:38
(A) $0.34 per passenger platform minute and $1.17 per passenger 39
platform mile; or 40
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(B) A minimum of $3.00 per dispatched trip. 1
(iii) For all trips originating elsewhere and terminating in 2
cities with a population of more than 600,000: 3
(A) For all passenger platform time spent within the city on that 4
trip and for all passenger platform miles driven in the city on that 5
trip the compensation standard under (a)(i) of this subsection 6
applies. 7
(B) For all passenger platform time spent outside the city on 8
that trip and for all passenger platform miles driven outside the 9
city on that trip the compensation standard under (a)(ii) of this 10
subsection applies. 11
(b) Beginning September 30, 2022, and on each following September 12
30th, the department shall calculate adjusted per mile and per minute 13
amounts and per trip minimums by increasing the current year's per 14
mile and per minute amounts and per trip minimums by the rate of 15
increase of the state minimum wage, calculated to the nearest cent. 16
The adjusted amount calculated under this section takes effect on the 17
following January 1st. 18
(c) For shared rides, the per trip minimums in (a)(i) and (ii) of 19
this subsection shall apply only to the entirety of the shared ride, 20
and not on the basis of the individual passenger's trip within the 21
shared ride. 22
(5)(a) For the purposes of this section, a dispatched trip 23
includes: 24
(i) A dispatched trip in which the driver transports the 25
passenger to the passenger drop-off location; 26
(ii) A dispatched trip canceled after two minutes by a passenger 27
or the transportation network company unless cancellation is due to 28
driver conduct, or no cancellation fee is charged to the passenger;29
(iii) A dispatched trip that is canceled by the driver for good 30
cause consistent with company policy; and 31
(iv) A dispatched trip where the passenger does not appear at the 32
passenger pick-up location within five minutes. 33
(b) A transportation network company may exclude time and miles 34
if doing so is reasonably necessary to remedy or prevent fraudulent 35
use of the transportation network company's online-enabled 36
application or platform. 37
(6)(a) A transportation network company shall remit to drivers 38
all tips. Tips paid to a driver are in addition to, and may not count 39
towards, the driver's minimum compensation under this section.40
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(b) Amounts charged to a passenger and remitted to the driver for 1
tolls, fees, or surcharges incurred by a driver during a trip must 2
not be included in calculating compensation for purposes of 3
subsection (4) of this section. 4
(c)(i) Beginning January 1, 2023, except as required by law, a 5
transportation network company may only deduct compensation when the 6
driver expressly authorizes the deduction in writing and does so in 7
advance for a lawful purpose. Any authorization by a driver must be 8
voluntary and knowing. 9
(ii) Nothing in this section shall prohibit a transportation 10
network company from deducting compensation as required by state or 11
federal law or as directed by a court order. 12
(iii) Neither the transportation network company nor any person 13
acting in the interest of the transportation network company may 14
derive any financial profit or benefit from any of the deductions 15
under this section. For the purposes of this section:16
(A) Reasonable interest charged by the transportation network 17
company or any person acting in the interest of a transportation 18
network company, for a loan or credit extended to the driver, is not 19
considered to be of financial benefit to the transportation network 20
company or person acting in the interest of a transportation network 21
company; and 22
(B) A deduction will be considered for financial profit or 23
benefit only if it results in a gain over and above the fair market 24
value of the goods or services for which the deduction was made.25
(7)(a) Beginning January 1, 2023, a transportation network 26
company shall provide each driver with a written notice of rights 27
established by this section in a form and manner sufficient to inform 28
drivers of their rights under this section. The notice of rights 29
shall provide information on: 30
(i) The right to the applicable per minute rate and per mile rate 31
or per trip rate guaranteed by this section; 32
(ii) The right to be protected from retaliation for exercising in 33
good faith the rights protected by this section; and34
(iii) The right to seek legal action or file a complaint with the 35
department for violation of the requirements of this section, 36
including a transportation network company's failure to pay the 37
minimum per minute rate or per mile rate or per trip rate, or a 38
transportation network company's retaliation against a driver or 39
other person for engaging in an activity protected by this section.40
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(b) A transportation network company shall provide the notice of 1
rights required by this section in an electronic format that is 2
readily accessible to the driver. The notice of rights shall be made 3
available to the driver via smartphone application or online web 4
portal, in English and the five most common foreign languages spoken 5
in this state. 6
(8) Beginning December 31, 2022, within 24 hours of completion of 7
each dispatched trip, a transportation network company must transmit 8
an electronic receipt to the driver that contains the following 9
information for each unique trip, or portion of a unique trip, 10
covered by this section: 11
(a) The total amount of passenger platform time;12
(b) The total mileage driven during passenger platform time;13
(c) Rate or rates of pay, including but not limited to the rate 14
per minute, rate per mile, percentage of passenger fare, and any 15
applicable price multiplier or variable pricing policy in effect for 16
the trip; 17
(d) Tip compensation; 18
(e) Gross payment; 19
(f) Net payment after deductions, fees, tolls, surcharges, lease 20
fees, or other charges; and 21
(g) Itemized deductions or fees, including any toll, surcharge, 22
commission, lease fees, and other charges. 23
(9)(a) Beginning January 1, 2023, a transportation network 24
company shall make driver per trip receipts available in a 25
downloadable format, such as a comma-separated values file or PDF 26
file, via smartphone application or online web portal for a period of 27
two years from the date the transportation network company provided 28
the receipt to the driver. 29
(b) Beginning on the effective date of this section, a 30
transportation network company shall make available to a driver, in 31
an accessible system, a record of all the driver's trips taken in the 32
previous two years. The transportation network company must provide 33
the record to the driver in a single aggregated, searchable, 34
downloadable, comma-separated values file or searchable PDF file, 35
containing a table with rows for each unique trip and columns for 36
each itemized element contained in the trip receipt.37
(10) Beginning January 1, 2023, on a weekly basis, the 38
transportation network company shall provide written notice to the 39
driver that contains the following information for trips, or a 40
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portion of a trip, that is covered by this section and which occurred 1
in the prior week: 2
(a) The driver's total passenger platform time;3
(b) Total mileage driven by the driver during passenger platform 4
time; 5
(c) The driver's total tip compensation; 6
(d) The driver's gross payment, itemized by: (i) Rate per minute; 7
(ii) rate per mile; and (iii) any other method used to calculate pay 8
including, but not limited to, base pay, percentage of passenger 9
fare, or any applicable price multiplier or variable pricing policy 10
in effect for the trip; 11
(e) The driver's net payment after deductions, fees, tolls, 12
surcharges, lease fees, or other charges; and 13
(f) Itemized deductions or fees, including all tolls, surcharges, 14
commissions, lease fees, and other charges, from the driver's 15
payment. 16
(11) Beginning January 1, 2023, within 24 hours of a trip's 17
completion, a transportation network company must transmit an 18
electronic receipt to the passenger, for on trip time, on behalf of 19
the driver that lists: 20
(a) The date and time of the trip; 21
(b) The passenger pick-up and passenger drop-off locations for 22
the trip. In describing the passenger pick-up location and passenger 23
drop-off location, the transportation network company shall describe 24
the location by indicating the specific block (e.g. "the 300 block of 25
Pine Street") in which the passenger pick-up and passenger drop-off 26
occurred. A transportation network company is authorized to indicate 27
the location with greater specificity, such as with a street address 28
or intersection, at its discretion; 29
(c) The total duration and distance of the trip;30
(d) The driver's first name; 31
(e) The total fare paid, itemizing all charges and fees; and32
(f) The total passenger-paid tips. 33
(12)(a) Beginning July 1, 2024, transportation network companies 34
shall collect and remit a $0.15 per trip fee to the driver resource 35
center fund, created in RCW 49.46.310, for the driver resource center 36
to support the driver community. The remittance under this subsection 37
is a pass-through of passenger fares and shall not be considered a 38
transportation network company's funding of the driver resource 39
center. Passenger fares paid include each individual trip portion on 40
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shared trips. The remittances to the fund must be made on a quarterly 1
basis. 2
(b) Beginning September 30, 2024, and on each following September 3
30th, the department shall calculate an adjusted per trip fee by 4
adjusting the current amount by the rate of inflation. The adjusted 5
amounts must be calculated to the nearest cent using the consumer 6
price index for urban wage earners and clerical workers, CPI-W, or a 7
successor index, for the 12 months prior to each September 1st as 8
calculated by the United States department of labor. Each adjusted 9
amount calculated under this subsection takes effect on the following 10
January 1st. 11
(13) No later than one year after June 9, 2022, transportation 12
network companies shall provide an opportunity for drivers to make 13
voluntary per trip earnings deduction contributions to the driver 14
resource center, provided that 100 or more drivers working for 15
transportation network companies covered under this section have 16
authorized such a deduction to the driver resource center, and 17
subject to the following: 18
(a) A driver must expressly authorize the deduction in writing. 19
Written authorization must include, at a minimum, sufficient 20
information to identify the driver and the driver's desired per trip 21
deduction amount. These deductions may reduce the driver's per trip 22
earnings below the minimums set forth in this section.23
(b) The transportation network company may require written 24
authorization to be submitted in electronic format from the driver 25
resource center. 26
(c) The transportation network company shall make the first 27
deductions within 30 days of receiving a written authorization of the 28
driver, and shall remit deductions to the driver resource center each 29
month, with remittance due not later than 28 days following the end 30
of the month. 31
(d) A driver's authorization remains in effect until the driver 32
resource center provides an express revocation to the transportation 33
network company. 34
(e) A transportation network company shall rely on information 35
provided by the driver resource center regarding the authorization 36
and revocation of deductions. 37
(f) Upon request by a transportation network company, the driver 38
resource center shall reimburse the transportation network company 39
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for the costs associated with deduction and remittance. The 1
department shall adopt rules to calculate the reimbursable costs.2
(14) Each transportation network company shall submit to the 3
fund, with its remittance under subsection (12) of this section, a 4
report detailing the number of trips in the previous quarter and the 5
total amount of the surcharge charged to customers. The first payment 6
and accounting is due on the 30th day of the quarter following the 7
imposition of the surcharge. Failure to remit payments by the 8
deadlines is deemed a delinquency and the transportation network 9
company is subject to penalties and interest provided in RCW 10
49.46.330. 11
(15)(a) The state expressly intends to displace competition with 12
regulation allowing a transportation network company, at its own 13
volition, to enter into an agreement with the driver resource center 14
regarding a driver account deactivation appeals process for eligible 15
account deactivations. It is the policy of the state to promote a 16
fair appeals process related to eligible account deactivations that 17
supports the rights of drivers and transportation network companies 18
and provides fair processes related to eligible account 19
deactivations. The state intends that any agreement under this 20
section is immune from all federal and state antitrust laws.21
(i) "Eligible account deactivation" means one or more of the 22
following actions with respect to an individual driver that is 23
implemented by a transportation network company: 24
(A) Blocking or restricting access to the transportation network 25
company driver platform for three or more consecutive days; or26
(B) Changing a driver's account status from eligible to provide 27
transportation network company services to ineligible for three or 28
more consecutive days. 29
(ii) An eligible account deactivation does not include any change 30
in a driver's access or account status that is: 31
(A) Related to an allegation of discrimination, harassment, 32
including sexual harassment or harassment due to someone's membership 33
in a protected class, or physical or sexual assault, or willful or 34
knowing commitment of fraud; 35
(B) Related to an allegation that the driver was under the 36
influence of drugs or alcohol while a related active investigation 37
that takes no longer than 10 business days is under way; or38
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(C) Any other categories the transportation network company and 1
the driver resource center may agree to as part of the agreement 2
under this subsection. 3
(iii) A transportation network company shall enter into an 4
agreement with the driver resource center regarding the driver 5
account deactivation appeals process for eligible account 6
deactivations. Any agreement must be approved by the department. The 7
department may approve an agreement only if the agreement contains 8
the provisions in (a)(iv) of this subsection. 9
(iv) The agreement must provide an appeals process for drivers 10
whose account has been subject to an eligible account deactivation. 11
The appeals process must include the following protections:12
(A) Opportunity for a driver representative to support a driver, 13
upon the driver's request, throughout the account deactivation 14
appeals process for eligible account deactivations;15
(B) Notification, as required by (d) of this subsection, to 16
drivers of their right to representation by the driver resource 17
center at the time of the eligible account deactivation;18
(C) Within 30 calendar days of a request, furnishing to the 19
driver resource center an explanation and information the 20
transportation network company may have relied upon in making the 21
deactivation decision, excluding confidential, proprietary, or 22
otherwise privileged communications, provided that personal 23
identifying information and confidential information is redacted to 24
address reasonable privacy and confidentiality concerns;25
(D) A good faith, informal resolution process that is committed 26
to efficient resolution of conflicts regarding eligible account 27
deactivations within 30 days of the transportation network company 28
being notified that the driver contests the explanation offered by 29
the company; 30
(E) A formal process that includes a just cause standard, with 31
deadlines for adjudication of an appeal of an eligible account 32
deactivation by a panel that includes a mutually agreed-upon neutral 33
third party with experience in dispute resolution. The panel has the 34
authority to make binding decisions within the confines of the law 35
and make-whole monetary awards, including back pay, based on an 36
agreed-upon formula for cases not resolved during the informal 37
process; 38
(F) Agreement by the transportation network company to use the 39
process set forth in this subsection to resolve disputes over 40
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eligible account deactivation appeals as an alternative to private 1
arbitration with regard to such a dispute, should the driver and 2
transportation network company so choose; and 3
(G) Agreement by the transportation network company that, for 4
eligible account deactivations in which the driver or transportation 5
network company elect private arbitration in lieu of the formal 6
process outlined in (a)(iv)(E) of this subsection (15), the 7
transportation network company shall offer the driver the opportunity 8
to have the eligible deactivation adjudicated under the just cause 9
standard outlined in (a)(iv)(E) of this subsection.10
(b) A transportation network company that enters into an 11
agreement with the driver resource center shall reach agreement 12
through the following steps: 13
(i)(A) For a transportation network company operating a digital 14
network in the state of Washington as of June 9, 2022, the driver 15
resource center and transportation network company must make good 16
faith efforts to reach an agreement within 120 days of an 17
organization being selected as the driver resource center under RCW 18
49.46.310. 19
(B) For a transportation network company who begins operating a 20
digital network in the state of Washington after an organization has 21
been selected as the driver resource center under RCW 49.46.310, the 22
driver resource center and transportation network company must make 23
good faith efforts to reach an agreement within 120 days of the 24
transportation network company beginning operation of a digital 25
network in the state of Washington. 26
(ii) If the driver resource center and transportation network 27
company cannot reach an agreement, then they are required to submit 28
issues of dispute before a jointly agreed-upon mediator.29
(iii) After mediation lasting no more than two months has been 30
exhausted and no resolution has been reached, then the parties will 31
proceed to binding arbitration before a panel of arbitrators 32
consisting of one arbitrator selected by the driver resource center, 33
one arbitrator selected by the transportation network company, and a 34
third arbitrator selected by the other two. If the two selected 35
arbitrators cannot agree to the third arbitrator within 10 days, then 36
the third arbitrator shall be determined from a list of seven 37
arbitrators with experience in labor disputes or interest arbitration 38
designated by the American arbitration association. A coin toss shall 39
determine which side strikes the first name. Thereafter the other 40
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side shall strike a name. The process will continue until only one 1
name remains, who shall be the third arbitrator. Alternatively, the 2
driver resource center and the transportation network company may 3
agree to a single arbitrator. 4
(iv) The arbitrators must submit their decision, based on 5
majority rule, within 60 days of the panel or arbitrator being 6
chosen. 7
(v) The decision of the majority of arbitrators is final and 8
binding and will then be submitted to the director of the department 9
for final approval. 10
(c) In reviewing any agreement between a transportation network 11
company and the driver resource center, under (a) of this subsection, 12
the department shall review the agreement to ensure that its content 13
is consistent with this subsection and the public policy goals set 14
forth in this subsection. The department shall consider in its review 15
both qualitative and quantitative effects of the agreement and how 16
the agreement comports with the state policies set forth in this 17
section. In conducting a review, the record shall not be limited to 18
the submissions of the parties nor to the terms of the proposed 19
agreement and the department shall have the right to conduct public 20
hearings and request additional information from the parties, 21
provided that such information: (i) Is relevant for determining 22
whether the agreement complies with this subsection; and (ii) does 23
not contain either parties' confidential, proprietary, or privileged 24
information, or any individual's personal identifying information 25
from the parties. The department may approve or reject a proposed 26
agreement, and may require the parties to submit a revised proposal 27
on all or particular parts of the proposed agreement. If the 28
department rejects an agreement, it shall set forth its reasoning in 29
writing and shall suggest ways the parties may remedy the failures. 30
Absent good cause, the department shall issue a written determination 31
regarding its approval or rejection within 60 days of submission of 32
the agreement. 33
(d)(i) For any account deactivation, the transportation network 34
company shall provide notification to the driver, at the time of 35
deactivation, that the driver may have the right to representation by 36
the driver resource center to appeal the account deactivation.37
(ii) A transportation network company must provide any driver 38
whose account is subject to an account deactivation between June 9, 39
2022, and the effective date of the agreement the contact information 40
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of the driver resource center and notification that the driver may 1
have the right to appeal the account deactivation with representation 2
by the driver resource center. 3
(16) The department may adopt rules to implement this section.4
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p. 16 HB 1332