Hundreds of thousands of Uber and Lyft drivers across California could soon be part of a newly formed union.
The California Gig Workers Union, or CGWU, met a required 30% threshold of active drivers who authorized the unionization effort on Aug. 7, according to the state’s Public Employment Relations Board.
State regulators need to certify CGWU within 30 days of the union authorization. If the certification goes through, CGWU will become the exclusive bargaining representative for Uber and Lyft drivers in California.
It's good news for people like Margarita Penalosa.
“I was working more than 12-hour days, six to seven days a week — barely taking one day off when I can because I'm exhausted,” she said.
Penalosa is a Los Angeles-based Uber and Lyft driver and union organizer. She’s worked as a rideshare driver since 2017.
Penalosa said this moment for CGWU comes after more than a decade of drivers organizing to have a voice on the job.
The union is affiliated with the major labor organization Service Employees International Union, or SEIU, who has supported them in organizing. SEIU said forming the California Gig Workers Union was the most direct path to getting representation for rideshare drivers in the state.
“Everybody is desperate and struggling. We pay high cost of living and driving. And the low pay from the companies, the low amount of money we're making per hour, per ride, per mile — it's unbearable,” Penalosa said.
Drivers for rideshare companies are classified as independent contractors. That means they don’t qualify for overtime pay and other protections granted under federal law.
But state lawmakers passed AB 1340 last year. That gave drivers a path to form a union and bargain for protections.
“I'm making way less money compared to when I started,” said Uber and Lyft driver Librado Rivera. “We hear from the customers they keep paying the same high amount, but it was cut on the driver's side, so it's been kind of difficult.”
In addition to being a rideshare driver, Rivera is cofounder of San Diego Drivers United.
He said he and other members of his organization are looking for better wages and benefits too, but Rivera’s not excited about joining a union.
“We do have certain concerns about it, especially in regards to the dues that drivers have to be paying in order to be affiliated with receiving this benefit,” he said. “We feel like it’s going to be one more burden on them, taking more from their rides.”
Rivera said his organization represents 500 drivers.
He said at first, Drivers United was excited about the prospect of the union. But now they're hoping for more change at the local government level.
Still, he admits some members of his organization do support CGWU.
“It is a mix. But again we respect (each other's) positions as we should,” Rivera said.
KPBS reached out to Lyft and Uber about the pending formation of the California Gig Workers Union.
"As this new process moves forward, we're committed to engaging in good faith," said Lyft Communications Director CJ Macklin. “We'll stay focused on helping drivers succeed while keeping rideshare affordable and dependable for everyone who counts on it."
Uber’s Western U.S. division also provided a statement saying:
"This certification is the next step in delivering on AB 1340, a historic compromise that gives drivers a pathway to representation while preserving the independence and flexibility they've consistently said they value the most,” said the organization's Ramona Prieto. “We look forward to our work ahead with the California Gig Workers Union and the state."
CGWU said no dues will be collected until there is a ratified contract.