On behalf of the Buffalo Central Labor Council AFL-CIO, I am writing to express my concerns about the possible passage of a bill that would allow Uber and other ride-sharing companies to operate in Upstate New York.

One major issue is, Uber does not categorize their drivers as employees. The labor movement has seen the results of this before, a prime example is FedEx. The FedEx drivers are oftentimes classified as contractors. It’s problematic since it undercuts other workers like those at UPS and USPS. When workers are classified as contractors and not employees, they have no access to unemployment insurance, no access to worker’s compensation, pay their own payroll taxes, and have no right to form a union in the workplace.

Uber contradicts themselves by classifying drivers as independent contractors, and yet Uber dictates the fares, and cuts the fares that can be charged, therefore controlling the earnings of a driver to the point of poverty wages. Uber can also simply shut off a drivers “app” if they complain, which is essentially firing them.  In our opinion only an employer can control an employee’s ability to earn wages. We need living-wage jobs in Western New York, not poverty-wage jobs like those that Uber and others will bring to our region.   

Regarding public safety, the Buffalo Central Labor Council believes that ride-sharing drivers should go through thorough background checks. Uber has settled two class-action lawsuits for falsely claiming that their background checks are “industry leading.” 

Handicap access is very important to us. Ride-sharing companies do not, nor are they required to, provide handicap-accessible vehicles. The fact that Uber and other ride-sharing companies do not have to comply with the Americans with Disabilities Act is abhorrent. This must change and we intend to advocate strongly for that change.  

While Uber may be an option to our dilapidated public transportation system, it is not a substitute. Investment must be made to improve the NFTA system and increase routes, as well as the communities they serve. It is our firm belief that a surcharge of at least $ .25 a ride could be used to create a transportation fund to offset the cost of accessible vehicles, for seniors and the physically challenged. This was accomplished in Montgomery County, Maryland. Our public transit infrastructure in Western New York needs to be improved as well, so that we have a world-class public transit system. As our city and region begin to revitalize we know it is crucial to build out public transit so that the revitalization is not simply gentrification.  

Again, on behalf of the Buffalo Central Labor Council, I urge the New York State Assembly to craft a bill that makes sure that workers, people with physical limitations and the NFTA and other regional public transit networks are considered the highest priority. Without protections for these groups we are simply allowing billion-dollar companies to profit over people, and that’s not right!

John J. Mudie
President, Buffalo Central Labor Council AFL-CIO