Home OpinionSomebody finally unionized the gig economy, and here’s what it looks like

Somebody finally unionized the gig economy, and here’s what it looks like

by Todd Humber
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The phrase “gig economy” was built to mean the opposite of a union job. That was the whole pitch. No boss, no schedule, no contract, no card to sign — just you, your car and an app, free to log on at 2 a.m. or never. For more than a decade, the rideshare driver was the symbol of work that had slipped the bounds of the old industrial bargain.

You were on your own out there, and that was supposed to be the appeal.

But now the gig economy, at least in B.C.’s capital city, just got a collective agreement. More than 1,000 Uber drivers in the Victoria area, members of the United Food and Commercial Workers, Local 1518, ratified the first such contract for app-based workers in Canada — the first group of gig workers in North America to form a union, according to the Globe and Mail.

We got our hands on a copy of the agreement and reading it? It’s a slightly dizzying experience, because two ideas that spent a decade being described as incompatible are now sitting on the same page, signed by both sides.

A union. For app drivers. It’s the kind of sentence that would have gotten you laughed out of a boardroom in 2015.

The contract guarantees a floor of $21.43 an hour for engaged time, rising to $21.90 this June, pegged at 120 per cent of minimum wage. But that floor isn’t really a prize the union pried loose at the table; it’s the provincial earnings standard B.C. already sets for app-based workers, written into the deal.

What the union actually bargained sits elsewhere: 45 cents a kilometre, a $250 bonus for drivers who’ve already logged 50 trips, and a quarterly incentive of up to $600 for the busiest behind the wheel — provided their cancellation rate stays at four per cent or lower, which is the kind of asterisk the platform world never quite leaves behind.

But the money isn’t the headline. The headline is the procedure.

For years, the cruellest feature of driving for an app wasn’t the pay; it was the powerlessness. You could be deactivated overnight by a system you couldn’t see, for reasons you couldn’t always get, and your recourse was to type into a chat box and hope. Under this agreement, that changes. A driver who gets cut off can file a grievance, and the process runs three steps and ends in binding arbitration. Not a screen. A human being, weighing the case. The drivers can even grieve their star ratings when a rating drop costs them platform access or perks.

That, more than the wage floor, is what makes this a union contract and not just a list of fees. Someone finally put a person on the other end of the line.

What makes the document genuinely interesting, though, is how carefully it refuses to turn these drivers into employees. The flexibility — the thing that made the gig a gig — is carved in writing. Drivers “shall retain full autonomy over when and how much they choose to work,” the agreement says. Uber keeps “exclusive control and sole discretion” over the platform. The contract grants the protections of the union while taking great pains not to trip the wire that would reclassify a contractor as a worker with a timecard.

Everyone in the room wanted it that way, which is the part outsiders tend to miss. Uber’s whole model depends on the contractor classification. But a lot of drivers want the flexibility too — the freedom to log off and grab a kid from school without asking anyone’s permission. The deal is an attempt to keep that freedom while bolting on the safety rails that freedom usually costs you.

So you get a contract with conspicuous holes where the old certainties used to be. No vacation. No health coverage, no dental, no pension. No paid holidays. In place of all that, the agreement invents a Driver Wellness Fund: Uber drops 10 cents into it for every trip, starting in year two, and the union administers it with the company holding a seat on the board. It’s a clever piece of improvisation, and it’s also an honest admission. When you can’t offer benefits without manufacturing employees, you build a fund and ask it to do roughly the same work.

Another interesting angle? This agreement is built to travel. Tucked into the fine print is a clause saying that if the union signs up a majority of drivers in another B.C. region, the agreement automatically extends there within 60 days — negotiated or not. I’d imagine union leaders are salivating at that prospect, particularly when they start eyeing rideshare-heavy hubs like Toronto and Vancouver.

In other words: This is not a quirky one-off on Vancouver Island. It’s a template, and its authors have no intention of leaving it on the island.

We’ve all operated inside a tidy workplace binary: you’re either an employee, with the full kit of protections, or a contractor, with none of them. This agreement is what the territory between those two poles looks like when somebody is finally forced to write it down. A worker who can file a grievance but can’t take a paid Tuesday off. Who has a union but no manager in the traditional sense. Who is, on the same page, covered and uncovered at once.

It would be easy to wave it away — as benefits theatre, a union sticker slapped on a model that hasn’t really budged. But there’s a fairer reading, too, which is that two parties with honestly opposing interests sat in a room and built something that didn’t exist the week before, because the categories they’d inherited no longer described the work in front of them.

The gig economy was sold as freedom from all of this — no boss, no contract, no card to sign. A thousand drivers in Victoria just signed the card anyway, and kept the freedom too.

Turns out you can have a union and an app on the same page. The only people still insisting it’s one or the other are the ones who haven’t read the page.

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