456 C.M.R. 24.06 – Determination of TND Organizations

(1) A TND Organization may request that the Department determine it is the bargaining representative of at least 5% of Active TNDs in the bargaining unit. (Request for Determination).
1. (a) To request a determination as the bargaining representative of at least 5% of Active TNDs in the bargaining unit, a TND Organization must file a petition with the Department, using the format prescribed by the Director.
2. (b) The petition shall contain the following information:
  1. 1. The name, address, and affiliation of the TND Organization, if any, and the name and address of its representative designated for the purpose of collective bargaining;
  2. 2. A statement that the TND Organization is seeking to represent the TNDs in an industry-wide bargaining unit of all TNDs for the purpose of initiating a bargaining process in order to establish working terms and conditions for the industry;
  3. 3. The name of each TNC that the TND Organization contends should be included within the industry-wide bargaining unit, and, if known, each TNCs’ representative(s) for purposes of collective bargaining;
  4. 4. A statement that the TND Organization believes it has been designated as the bargaining representative of at least 5% of Active TNDs in the bargaining unit;
  5. 5. The name(s) and address(es) of all TND Organizations known to represent or known to claim to represent the TNDs in the bargaining unit;
  6. 6. The expiration date of the most recent final determination, if any, issued by the Secretary of Labor and Workforce Development pursuant to M.G.L. c. 150F, § 6F and 456 CMR 24.00;
  7. 7. A statement that the TND Organization securely maintains all personal information that it receives from drivers, including drivers that are not residents of the Commonwealth, that complies with all applicable federal, state, and local legal requirements and standards to safeguard personal or confidential information, including but not limited to M.G.L. c. 93H;
  8. 8. A copy of the TND Organization’s data security policy; and
  9. 9. Any other information that may be required by the Department.
3. (c) The TND Organization shall provide all TNCs with a copy of the petition.
(2) Upon receiving a complete petition, the Department will review the evidence submitted and issue a determination. For purposes of making this determination, the operative list of Active TNDs shall be based on the most recent quarterly list provided by the TNCs in accordance with M.G.L. c. 150F, § 5(A). Once made, the Department shall promptly notify the TND Organization and the TNCs of its determination.
(3) After reviewing the submitted evidence, the Department will separately provide documentation to the TND Organization that identifies all designations that were invalidated because the evidence did not comply with one or more of the requirements set forth in 456 CMR 24.05(2) and the basis for such invalidation.
(4) Upon determining that a TND Organization has met the 5% threshold, the Department shall prepare a notice stating that the TND Organization is seeking to represent TNDs for the purpose of initiating a bargaining process in order to establish terms and conditions for the industry, and that the Department has determined that the TND Organization has been designated as the bargaining representative of at least 5% of Active TNDs. The Department shall provide this notice to all TNCs. Within seven days after receiving such notice, each TNC shall provide a copy of the notice to all Active TNDs who have driven for that TNC in the six months immediately preceding the date that the TNCs received the notice from the Department. The TNCs shall send the notice in the electronic or digital manner through which they customarily communicate with TNDs.
(5) If the Department finds that the TND Organization has not met the 5% threshold based on its initial submission of TND evidence, the TND Organization shall be allowed seven days from the date of the notification set forth in 456 CMR 26.06(2) to submit corrected or additional evidence to demonstrate that it has met the threshold requirements. For purposes of determining whether the TND Organization has met the 5% threshold based on the timely submission of new or corrected designation evidence, the operative list of Active TNDs shall be the one in effect at the time the TND Organization made the initial request for a 5% determination.
(6) If the TND Organization does not submit sufficient evidence within the seven-day period to meet the 5% threshold, the Department shall dismiss the petition, absent withdrawal or a showing of good cause from the TND Organization. If the Request for Determination is dismissed or withdrawn for failure to meet the 5% threshold, the TND Organization may file a new Request for Determination subject to the bars and timelines set forth in 456 CMR 24.00.
(7) Submitting Additional Evidence after Determination of 5% Threshold.
1. (a) A TND Organization that has been designated as the bargaining representative of at least 5% of all Active TNDs may later ask the Department to determine that the TND Organization has been designated as the bargaining representative of additional TNDs, for example, in order to request certification without election. To make such a request, the TND Organization must provide the Department with all of the Designation of Representative Evidence that the TND Organization is relying upon to support its later request in a manner designated by the Department. The secure file must include all of the information detailed in 456 CMR 24.05 plus the date that the TND Organization originally submitted that Designation of Representative Evidence to the Department.
2. (b) A TND Organization that has been determined as the bargaining representative of at least 5% of Active TNDs in the bargaining unit may submit additional Designation of Representative Evidence no more than once in the year following the TND Organization’s determination as the bargaining representative of at least 5% of Active TNDs in the bargaining unit.
(8) Request for Designation Filing Bars.
1. (a) Same TND Organization. Absent a showing of good cause, the Department will not entertain a request for determination that a TND Organization has been designated as the bargaining representative of at least 5% of Active TNDs in the unit if:
  1. 1. that TND Organization has made and withdrawn a request for determination, or the Department has dismissed a request for determination for failure to meet the 5% threshold in the preceding six months; or
  2. 2. that TND Organization has disclaimed interest in continued representation of the bargaining unit within the preceding six months.
2. (b) Other TND Organization. For six months from the date of the Department’s determination that a TND Organization has met the 5% threshold, no other TND Organization may be certified as the exclusive bargaining representative of those drivers without an election.