§ 2 — Definitions

[ Text of section added by 2024, 252 effective December 5, 2024.]Section 2. [Definitions]A. "Active transportation network driver'' or "active TND'' means a transportation network driver so designated pursuant to the following process: Upon request by the board, and at the completion of each calendar quarter thereafter, each transportation network company ("TNC'') shall provide the board with information that identifies all transportation network drivers ("TND'') who completed five or more rides that originated in the commonwealth of Massachusetts on the TNC's platform in the previous six months. Each TNC shall provide this information within two weeks after the end of each calendar quarter (March 31st, June 30th, September 30th, December 31st). Such information shall include only the name of the TND, the TND driver's license number, and the number of rides the TND completed through the TNC's platform in the previous six months. The board shall combine the data provided by all TNCs to determine the distribution of the number of rides completed by all TNDs for which data has been submitted, and then shall determine the median number of rides across TNDs for whom data has been submitted in the previous six months. Any TND who completed more than the median number of rides shall be considered an active transportation network driver in the rideshare industry.B. "Board'' means the commonwealth employment relations board created by section 9R of Chapter 23 of the General Laws.C. "Company union'' means any committee, employee representation plan, or association of workers or others that exists for the purpose, in whole or in part, of dealing with TNCs concerning grievances or terms and conditions of work for TNDs, which (1) a TNC has initiated or created or whose initiation or creation it has suggested, participated in or in the formulation of whose governing rules or policies or the conducting of whose management, operations or elections the. TNC participates in or supervises; or (2) which the TNC maintains, finances, controls, dominates, or assists in maintaining or financing unless required to do so by this chapter or any regulations implementing this chapter, whether by compensating anyone for services performed in its behalf or by donating free services, equipment, materials, office or meeting space or anything else of value, or by any other means. A TND organization shall not be deemed a company union only because it has negotiated or been granted the right to designate workers to be released with pay for the purpose of providing representational services in labor-management affairs on behalf of workers represented by the TND organization, or where, in the course of providing representational services to workers for whom it is the exclusive bargaining representative, a TNC allows agents of the TND organization to meet with workers at the TNC's premises.D. "Exclusive bargaining representative'' means a TND organization certified by the board, in accordance with this chapter, as the representative of TNDs in a bargaining unit.E. "Network company'' means a TNC, except that a business entity that maintains an online enabled application or platform that meets all three of the following tests is not a network company: (1) it is used to facilitate primarily non-rideshare services within the commonwealth of Massachusetts, (2) less than seven and one-half percent of service requests fulfilled through the platform on an annual basis are for rideshare services, and (3) fewer than ten thousand service requests fulfilled through the platform in any year are for rideshare services. For purposes of this paragraph, all applications or platforms used by corporate entities under common control shall be considered a single application or platform.F. "Transportation network driver'' or "TND'' means a transportation network driver as described by § 1 of Chapter 159A1/2 of the General Laws. TND shall not include any individual who, with respect to the provision of services through a TNC's online enabled application or platform, is an employee within the meaning of section 29 U.S.C. § 152(3).G. "Transportation network driver organization'' or "TND organization'' means any organization in which network drivers participate, and which exists and is constituted for the purpose, in whole or in part, of collective bargaining, or of dealing with network companies concerning grievances, terms or conditions of work, or of other mutual aid or protection and which is not a company union as defined herein.H. "Transportation network company'' or "TNC'' means a transportation network company as described by § 1 of Chapter 159A1/2 of the General Laws.I. "Unfair work practices'' means only those unfair work practices listed in section 4, below.