§ 7470.13
427 words·~2 min read·
/ca/business-and-professions-code/7470-13·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A sectoral agreement submitted to the board for approval shall address, at minimum, the following subjects, each of which must be set forth separately in the sectoral agreement, unless a subject is expressly waived by mutual agreement of the certified driver bargaining organization and the covered TNCs:
(1)Appeals process for deactivations.
(2)Representation of TNC drivers in deactivation appeals.
(3)Paid leave.
(4)Information disclosed to TNC drivers about trips on per-trip, weekly, and monthly earnings receipts and summaries, and on initial ride offers.
(5)Grievance and arbitration procedures to resolve disputes arising under the sectoral agreement.
(6)Grievance and arbitration procedures to resolve disputes about whether a TNC driver has received the mandatory compensation or benefits required by Chapter 10.5 (commencing with Section 7448).
(7)Safety mandates imposed by the covered TNCs that require TNC drivers to purchase safety equipment or purchase safety software, and safety features or protocols proposed by the certified driver bargaining organization that have a demonstrable purpose of reducing the risk of physical assault or injury to TNC drivers. For the purposes of this paragraph, “purchase” includes an automatic withdrawal from TNC driver earnings.
(8)Labor-TNC partnerships.
(9)Reasonable access by the certified driver bargaining organization to covered TNC-TNC driver communication systems.
(10)Deduction of voluntary fees and dues from payments to TNC drivers.
(11)Contributions or fees for a separate fund for the administration of benefits and services to TNC drivers including for TNC driver representation in deactivation appeals and other related activities.
(12)Duration of the sectoral agreement, which shall be between three and five years.
(b)A sectoral agreement, including an agreement recommended by an arbitrator pursuant to Section 7470.14, may address subjects beyond the required subjects set forth in subdivision (a), including provisions for earnings and benefits above the minimums guaranteed to TNC drivers by Chapter 10.5 (commencing with Section 7448). These additional subjects shall be addressed in separate provisions of the sectoral agreement and are subject to nonbinding recommendations as set forth in Section 7470.14.
(c)A sectoral agreement, including an agreement recommended by an arbitrator pursuant to Section 7470.14, shall not contain a provision that does any of the following:
(1)Reduces the minimum guarantees provided to TNC drivers by Chapter 10.5 (commencing with Section 7448).
(2)Restrains TNC drivers’ flexibility to choose work opportunities as protected by Section 7451.
(3)Alters or purports to alter the legal status of TNC drivers as independent contractors as established by Section 7451.
(4)Prevents an individual covered TNC from exercising its autonomy pursuant to Section 7470.12.