California Business and Professions Code § 7470.8

Business and Professions Code
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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) For six 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 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 da

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