AB 2682

AB2682:v98#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 2682

An act to amend Section 7470.8 of, and to add Section 7470.18.5 to, to the Business and Professions Code, relating to transportation.

LEGISLATIVE COUNSEL'S DIGEST

AB 2682, as amended, Berman. Transportation network company drivers: labor relations: certification and appeals.

Existing law, the Transportation Network Company Drivers Labor Relations Act (act), establishes that transportation network company (TNC) drivers have the right to form, join, and participate in the activities of TNC driver organizations, to bargain through representatives of their own choosing, to engage in concerted activities for the purpose of bargaining or other mutual aid or protection, and to refrain from such activities. The act designates certain actions and inactions of TNCs, such as failure or refusal to negotiate in good faith with a certified bargaining organization, and of TNC driver organizations as unfair practices, which are subject to the Public Employment Relations Board‘s unfair practice procedure regulations.

The act establishes various procedures governing the certification and decertification of TNC driver organizations for purposes of representing drivers in the collective bargaining process. The act also requires the Public Employment Relations Board (board) to determine if an entity is a TNC driver organization, as prescribed, and make certain determinations as to whether a specific organization has been designated as the bargaining representative for TNC drivers pursuant to an election process. As part of those procedures, the act authorizes a TNC driver organization to present, at any time after May 1, 2026, to the board proof sufficient to show that at least 10% of active TNC drivers have authorized the TNC driver organization to act as their bargaining representative. The act provides that for 6 months from the date of the board’s determination that a TNC driver organization has been authorized to act as the bargaining representative by at least 10% of active TNC drivers, no other TNC driver organization shall be certified as the certified driver bargaining organization of those workers without an election.

This bill would instead provide that the above-described 6-month period runs from the date the board determines that the first TNC driver organization has been authorized to act as the bargaining representative by at least 10% of active TNC drivers. The bill would make related clarifying changes.

The act designates certain actions and inactions of TNCs, such as failure or refusal to negotiate in good faith with a certified bargaining organization, and of TNC driver organizations as unfair practices which are subject to the board’s unfair practice procedure regulations.

This bill would authorize any charging party, respondent, or intervenor aggrieved by a final decision or order of the board in an unfair practice case to petition for a writ of extraordinary relief from such a decision or order, except as provided. The bill would set forth procedures for filing and reviewing the petition and for enforcing final decisions or orders subsequent to the expiration of the petition timeline.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

Bill Text

The people of the State of California do enact as follows:

SECTION 1.Section 7470.8 of the Business and Professions Code is amended to read:

7470.8.

The certification and decertification process for TNC driver organizations shall follow the procedures set forth in this section.

(a)(1)(A)A TNC driver organization may, at any time after May 1, 2026, present to the board proof sufficient to show that at least 10 percent of active TNC drivers have authorized the TNC driver organization to act as their bargaining representative.

(B)Within 30 days of a TNC driver organization request for a board determination under subparagraph (A), the board shall determine whether the organization has been authorized to act as bargaining representative by at least 10 percent of active TNC drivers.

(2)Within 30 days of the board’s determination that a TNC driver organization has presented sufficient proof to satisfy subparagraph (A) of paragraph (1), and on every January 31, April 30, July 31, and October 31 thereafter, the board shall provide the TNC driver organization with the list described in subdivision (b) of Section 7470.6. A TNC driver organization may use the information in the list only for the purposes authorized by this chapter, and shall not provide the information to any third party unless that party is acting as the TNC driver organization’s agent for purposes authorized by this chapter. A covered TNC shall not be liable for any damages caused by the TNC driver organization’s or the board’s failure to safeguard the list described in Section 7470.6 from a data or security breach.

(3)Within 30 days of the board’s determination that a TNC driver organization has presented sufficient proof to satisfy subparagraph (A) of paragraph (1), each covered TNC shall send a notice from the board to its TNC drivers who were on the most recent list submitted by that TNC to the board pursuant to Section 7470.6, in a form determined by the board, that the TNC driver organization is seeking to represent TNC drivers for the purpose of initiating a bargaining process in order to establish terms and conditions for TNC drivers in the industry. The board’s notice shall advise TNC drivers of the threshold for status as an active driver eligible to execute a proof of support. The board’s notice shall be neutral as to whether TNC drivers should support a TNC driver organization.

(4)Notwithstanding subparagraph (B) of paragraph (1) of subdivision (b) and paragraph (3) of subdivision (b), six months from the date of the board’s determination that the first TNC driver organization has been authorized to act as the bargaining representative by at least ten percent of active TNC drivers, no other TNC driver organization shall be certified as the certified driver bargaining organization of those workers without an election.

(b)(1)(A)A TNC driver organization may, at any time after May 1, 2026, present to the board proof sufficient to show at least 30 percent of active TNC drivers have authorized the TNC driver organization to act as their bargaining representative.

(B)Within 30 days of a TNC driver organization request for a board determination under subparagraph (A), the board shall make a determination as to whether the organization has presented sufficient proof to satisfy subparagraph (A), and if it has, shall certify the TNC organization as the certified driver bargaining organization, subject to paragraph (2).

(2)(A)If a TNC driver organization seeking certification as the certified driver bargaining organization under this subdivision provides evidence that at least 30 percent but less than a majority of active TNC drivers have designated the TNC driver organization to act as their bargaining representative, the board shall wait 30 days before certifying the TNC driver organization as the certified driver bargaining organization. If, during those 30 days, another TNC driver organization provides evidence that at least 30 percent of active TNC drivers have authorized it to act as their bargaining representative, or a TNC driver provides evidence that at least 30 percent of active TNC drivers do not wish to be represented by any TNC driver organization, then the board shall within 60 days hold a representation election among all active TNC drivers.

(B)The election shall be conducted using a remote electronic voting system that must allow both electronic voting from remote site personal computers via the internet and electronic voting from personal or cellular telephones. The system shall not include voting machines used for casting votes at polling sites or electronic tabulation systems where votes are cast nonelectronically but counted electronically, such as punch card voting or optical scanning systems.

(3)If the TNC driver organization provides evidence that a majority of active TNC drivers have designated the TNC driver organization to act as their bargaining representative, then, except as provided for in paragraph (4) of subdivision (a), the board shall not wait 30 days nor shall it hold an election before certifying the TNC driver organization as the certified driver bargaining organization.

(c)(1)A TNC driver organization may submit proof of support to the board to demonstrate that TNC drivers have authorized a TNC driver organization to act as their bargaining representative under subdivision (a) or (b). A TNC driver organization may submit any proof of support that complies with Section 32700 of Title 8 of the California Code of Regulations. Valid proof of support shall have been executed by the TNC driver within the two years prior to the date that the TNC driver organization requested the board determination. The fact that the proof of support was executed by the TNC driver before the effective date of this chapter shall not affect its validity.

(2)For purposes of evaluating a TNC driver organization’s proof of support under subdivision (a) or (b), the board shall use the list of active TNC drivers that was most recently issued pursuant to Section 7470.6 at the time the TNC driver organization requested a board determination.

(3)A TNC driver organization may submit proof that active TNC drivers have authorized the TNC driver organization to act as their bargaining representative under subdivision (a) or (b) on a rolling basis, over any time period that the TNC driver organization elects. If the TNC driver organization does so, the board may evaluate the proof on a rolling basis, subject to confirmation that the TNC driver is still on the relevant list of active TNC drivers when the TNC driver organization requests a board determination. The deadline for the board to determine whether the TNC driver organization has presented proof that a sufficient number of active TNC drivers wish to be represented by the TNC driver organization shall begin to run when the TNC driver organization notifies the board that it believes it has presented sufficient proof and is requesting a board determination.

(d)A TNC driver organization may, at any time within one year of the board’s determination that the organization has been authorized to act as the bargaining representative by at least 10 percent of active TNC drivers, petition the board to conduct a representation election.

(1)Upon the receipt of such a petition, the board shall schedule a representation election to take place within 45 days and shall announce that election date on its internet website. The eligible voters shall be those individuals who are on the list of active TNC drivers that was most recently issued pursuant to Section 7470.6 at the time the TNC driver organization petitioned the board to conduct an election.

(A)The election shall be conducted using a remote electronic voting system that must allow both electronic voting from remote site personal computers via the internet and electronic voting from personal or cellular telephones. The system shall not include voting machines used for casting votes at polling sites or electronic tabulation systems where votes are cast nonelectronically but counted electronically, such as punch card voting or optical scanning systems.

(B)If, within seven days of the announcement of the election date, any other TNC driver organization submits evidence that it has been authorized to act as the bargaining representative by at least 10 percent of active TNC drivers, that TNC driver organization shall also appear on the ballot.

(C)Thirty days prior to the representation election, the board shall provide TNCs with an election notice that informs TNC drivers of the election date, how to vote, and what the effect of the representation election will be if the TNC driver organization receives a majority of valid votes cast. The board shall provide translated versions of the notice in all languages that the board determines are likely spoken by 5 percent or more of TNC drivers. Within seven days of the board’s provision of the notice, each covered TNC shall send the notice, by email, by text, and through the method it 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 board pursuant to Section 7470.6. The board’s notice shall 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.

(2)If the TNC driver organization receives a majority of valid votes cast by active TNC drivers, it shall be certified as the certified driver bargaining organization of all TNC drivers in the bargaining unit.

(3)When two or more TNC driver organizations are on the ballot and none of the listed choices receive a majority of the valid votes cast, there shall be a runoff election between the two choices receiving the highest number of votes cast and second highest number of votes cast. The election shall be held within 30 days of the determination that no choice received a majority of valid votes. The provisions for notice set forth in subparagraph (C) of paragraph (1) shall apply.

(A)The TNC drivers eligible to vote in the runoff election shall be the same TNC drivers who were eligible to vote in the original election. A TNC driver organization receiving a majority of the valid votes cast in the runoff shall be certified as the certified driver bargaining organization of all TNC drivers in the bargaining unit.

(B)If a majority of the valid votes cast are for no driver organization, then the board shall not certify any TNC driver organization as the certified driver bargaining organization.

(e)(1)A TNC driver organization certified as the certified driver bargaining organization shall have the authority to represent all TNC drivers in the bargaining unit, without challenge by another TNC driver organization, for one year following certification and during the time that a bargaining agreement is in effect, provided that this period shall not be longer than three years following the date of the approval of a bargaining agreement, except during a 30-day window period that shall begin 90 days before, and end 60 days before, the bargaining agreement expires.

(2)During the times when the certified driver bargaining organization is subject to challenge, TNC drivers may file for a decertification election upon a showing that at least 30 percent of active TNC drivers have demonstrated support for decertification. The board will determine the list of active TNC drivers pursuant to Section 7470.6. The board will then schedule an election within 30 days to determine the TNC driver organization’s status as the certified driver bargaining organization. The TNC driver organization shall retain its status as the certified driver bargaining organization if it receives a majority of valid votes cast by active TNC drivers.

(f)The only appropriate bargaining unit of TNC drivers for purposes of this chapter is a statewide unit of all TNC drivers who drive for covered TNCs.

SEC. 2.SECTION 1.

Section 7470.18.5 is added to the Business and Professions Code, to read:

7470.18.5.

(a) Any charging party, respondent, or intervenor aggrieved by a final decision or order of the board in an unfair practice case may petition for a writ of extraordinary relief from such decision or order. For purposes of this subdivision, “final decision or order of the board” excludes a decision of the board not to issue a complaint in such an unfair practice case.

(b) (1) The petition authorized under subdivision (a) shall be filed in the district court of appeal in the appellate district where the dispute giving rise to the unfair practice case occurred. The petition shall be filed within 30 days after issuance of the board’s final order or order denying reconsideration, as applicable.

(2) Upon the filing of such a petition, the court shall cause notice to be served upon the board and thereupon shall have jurisdiction of the proceeding. The board shall file with the court the record of the proceeding, certified by the board, within 10 days after the clerk’s notice, unless such time is extended by the court for good cause shown.

(3) The court shall have jurisdiction to grant to the board such temporary relief or restraining order it deems just and proper and make and enter a decree enforcing, modifying, or setting aside the order of the board.

(4) The findings of the board with respect to questions of fact, including ultimate facts, are conclusive if supported by substantial evidence on the record considered as a whole.

(5) The provisions of Title 1 (commencing with Section 1067) of Part 3 of the Code of Civil Procedure relating to writs shall apply to proceedings pursuant to this section. However, the provisions of this section shall prevail in cases of conflict with those of that title.

(c) (1) If the time to petition for extraordinary relief from a board decision pursuant to this section has expired, the board may seek enforcement of any final decision or order in a district court of appeal or a superior court in the district where the unfair practice case occurred.

(2) The board shall respond within 10 days to any inquiry from a party to the action as to why the board has not sought court enforcement of the final decision or order.

(3) If the response does not indicate that there has been compliance with the board’s final decision or order, the board shall seek enforcement of the final decision or order upon the request of the party. The board shall file with the court the record of the proceeding, certified by the board, and appropriate evidence disclosing the failure to comply with the decision or order.

(4) If, after a hearing, the court determines that the order was issued pursuant to procedures established by the board and that the person or entity refuses to comply with the order, the court shall enforce such order by writ of mandamus. The court shall not review the merits of the order.