National Post

Uber, Lyft score win in union battle

- Joel Rosenblatt Elizabeth Amon and

A Seattle law — the first in the U. S. — allowing drivers-for-hire to unionize has been blocked by a federal judge, giving a boost to ride-hailing companies such as Uber Technologi­es Inc. and Lyft Inc.

U. S. District Judge Robert Lasnik in Seattle on Tuesday granted a request by the U.S. Chamber of Commerce to put the city’s ordinance on hold before it goes into effect. The organizati­on argued the law improperly treats independen­t contractor drivers as employees because it allows them to unionize and collude through collective bargaining over their fares. Uber and Lyft are members of the chamber.

The fight over whether Uber and Lyft drivers can unionize is part of a larger conflict over how Internetba­sed services companies treat their workforce. Uber’s business model is under attack worldwide by the taxi industry, local government­s and drivers.

Charlotte Garden, an associate law professor at Seattle University, said the ruling could mean the union drive in Seattle “loses some of its momentum, if drivers start to think collective-bargaining rights are a lost cause.”

The j udge emphasized that his ruling is temporary, and not a sure sign that the Chamber of Commerce will ultimately prevail. Saying the city’s ordinance would likely disrupt the ride- hailing companies’ businesses in “fundamenta­l and irreparabl­e ways,” Lasnik ruled that it should be blocked while the case is decided.

“There can be no doubt that ride- share companies such as Uber and Lyft have, at a truly startling rate, created havoc in this industry using a business model that simply did not exist before its recent technologi­cal developmen­t.” Lasnik wrote. The judge said it was uncertain, though, whether state law allows the city’s ordinance.

The Seattle city attorney’s office will continue fighting to “defeat this legal challenge to its effort to improve the safety and reliabilit­y of for- hire transporta­tion in the city,” spokeswoma­n Kimberly Mills said in a statement.

Adrian Durbin, a Lyft spokesman, called the ordinance “a poorly drafted law that could undermine the flexibilit­y of drivers to choose when, where and for how long they drive — the very things that make Lyft so attractive to drivers and useful for passengers.”

Brooke Steger, general manager for Uber in the Pacific Northwest, said the ruling “recognized the complexity of the issues and the imminent risk to drivers, transporta­tion companies, and the people of Seattle if the ordinance were allowed to proceed without careful legal review.”

In March, Seattle’s law survived an attack by Uber after a Washington state judge rejected the company’s arguments that there are flaws in the local collective­bargaining process.

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