HomeMy WebLinkAbout11-24-17 Public Comment - M. Spreadbury (on behalf of Helena Town Car Company) - Uber Labor LawsFrom:Helena Towncar
To:Agenda
Cc:Helena Towncar
Subject:Uber violating labor laws, other major problems--seeking Ban
Date:Friday, November 24, 2017 8:34:01 AM
Attachments:July 6 Court Order.pdf
Dear Bozeman City Council,
Ms Cynthia Andrus, Deputy Mayor
Mr. Jeff Krauss, City Commissioner
Mr Chris Mehl, CIty Commisioner
Ms. I-Ho Pomeroy, City Commissioner
Mr. Taylor Carson, City Commissioner
I am sending you this information respectfully as a business owner in Montana, a licensed educator in Montana--alum from
the University of Montana-- Missoula, and citizen of Montana.
This is not a one and done correspondence.
This is attempting to educate, and communicate the unlawful, and violations of constitutional right in Montana to earn a living
committed by Uber and Lyft, TNC operation who do not pay Montana communities any taxes, do not protect workers, and
allow citizens injuries in your city (Public Service Commission information--2017).
This correspondence will also be presented to Helena, sent to your Missoula counterparts in local government as our
Legislature, Executive, and Judiciary in Montana are not upholding their duties as described and sworn by these officials.
Thank you for your attention as elected representatives of local government in Bozeman Montana.
1. Uber, now also Lyft are operating as Transportation Network Carriers (TNC's) by authority of SB 396
(2015). Note: SB 396 bill, now law originated to 1) assist one company: Uber; and 2) violation of fundamental
right to earn a living without compelling state interest to deregulate transportation. These are two reasons for SB
396 being unconstitutional by the Montana Constitution, and supported by Montana Court controlling authority,
meaning that the Montana Supreme Court has found in favor of finding a bill like SB 396 unconstitutional.
2. Labor laws (Title 39 MCA) were not changed by SB 396. Only Title 69-Transportation laws were modified.
3. TNC's such as Uber and Lyft only use contract labor in Montana and elsewhere in the USA & world.
4. Contract labor in Montana must register as independent contractors, no driver for TNCs in Montana are currently
registered with the Department of Labor as independent contractors.
5. Contract Drivers do not qualify to be independent contractors in Montana under MCA 39--Labor laws.
6. Helena Town Car (a Statewide Limo service) was ordered to cease and desist using contractors by the Montana
Dept. of Labor in Jan 2016 which introduces a equal protection problem for MT Dept. of Labor--Executive Branch
Department.
7. A Judicial Order from the Lewis and Clark District Court (#1) from July 6, 2017 says that Uber must follow all
statutes, and regulations on it operations in Montana. This order is attached on PDF to this email. It has not been
enforced--Problem to Montana Judiciary [pg 3 section D of Court Order].
8. A Legislative Representative has sponsored HB 56 (2017) as an Uber driver and self described Uber promoter,
helped pass SB 396 as an unregistered lobbyist; Rep Zolnikov--(R) Billings in HB 56 (2017) which targeted
Montana private business with excessive fines ($2,000/ea), allowed Uber to charge what it wanted, and less
restrictive rules then the very few on Uber--now not enforced. HB 56 was tabled as I spoke to the committee in
2017 session. A Problem and ethical problem for the Legislative branch of Montana government.
9. A current and re-elected City Council in Helena was defense attorney working for the Dept. of Administration--
Deputy Attorney General (Bullock's attorney group) defending Uber and the State in this case since 2015.
Recused to run for re-election. Second Executive Department problem, ethical problem for local government
official like yourselves.
10. Work in Montana is defined as anything beyond casual work (e.g. shoveling show for a neighbor--see MCA 39--
Labor). Contract work is a very narrow scope in Montana (fixed business, professional, registered, self insured for
work comp--usually construction related). Driving, or driving a personal vehicle for Uber of Lyft does not qualify
under Title 39--Labor for independent contract labor.
11. Uber does not curb DUI in Montana. A case in Bozeman where the Uber driver brought a drunk driver home
knowingly to get the occupants keys to drive home drunk. Self governing of loosely screened drivers (see # 13
below) does not work. The State of Colorado just fined Uber $8.9M for allowing felons past their "screening"
process.
12. A Missoula woman had her hand run over by a Uber contract driver and the name of the contract driver was forced
to be Subpoena'd by the Missoula city attorney. The "insurance" was not available due to the phone app being
turned off and the "ride" completed (MT PSC information publicly available from 2017).
13. Uber contract drivers have been:
A terrorist in New York city who ran over people with a Home Depot truck in a pedestrian walkway.
A shooter in Austin Texas who went on a multi-death rampage of passengers in his Uber vehicle used Uber work
as a cover to complete his crime spree.
Assaults, and sexual assaults on women, and men worldwide (see Youtube, Twitter).
An Uber surge price in Missoula from downtown to south hills for $150 approximately 5 miles (un-verified
Facebook post-2017).
City of London, CIty of Boston, several Countries banned Uber for labor law violations, other violations.
An internal structure of Uber best described as a 'fraternity based mentality' where women are not respected, Ex-
CIA officers hired to get dirt on opposing counsel. Available:https://www.cnbc.com/2017/11/22/ubers-hacking-
scandal-worse-than-equifax-commentary.html
A Hacking of 57 Million Uber passengers & drivers with location information, and travel patterns of users. Some
no doubt are Montana citizens. Hackers were paid by Uber $100,000 to stay quiet.
Unlawful tracking programs of Uber riders, rider travel patterns: violating privacy--a fundamental right in
Montana [Art. II s. 10].
Unlawful tracking software of regulators to protect unlawful activity of Uber, and to restrict regulator's use the
Uber app.
Due to the unlawful use of contract drivers documented here, the criminal nature of drivers for Uber, and the entirety of
branches of State Governments in Montana not upholding rights, or laws, or ethical standards, it is required by your oath of
office in local government to restrict (ban) TNC's [Uber & Lyft ] from your city of M issoula, Montana.
I. added below is a draft of a recent pleading to the 1st District Court about the issues presented in this email.
II. Attached Court Order for Uber to follow laws and regulations in Montana--July 6, 2017 (see pg. 3 Section D)
Thank you, please note if city counsel respond to this email, you are violating your oath of office and continuing problematic
government in Montana as described here.
MONTANA FIRST JUDICIAL DISTRICT COURT
LEWIS AND CLARK COUNTY
Carrie A. Pintar )
dba Amazing Taxi )
Vance A. Vanderpan )
dba Greater Valley Taxi )
CASE NO: DDV-2015-639
Michael E. Spreadbury )
dba Helena Town Car )
)
And Does 1-100 )
) Plaintiffs, )
) PLAINTIFFS REPLY TO RASIER-MT,
Vs. ) LLC'S [Uber] RESPONSE TO
PLAINTIFFS' MOTION FOR
IMMEDIATE
) CONTEMPT HEARING
State of Montana, )
Governor Steve Bullock )
)
Montana Public Service Commission)
Travis Kavulla )
)
Montana Department of Labor )
and Industry )
Pam Bucy )
Judy Bovington )
)
Rasier-MT (Uber) )
Travis Kalanick )
)
)
Defendants. )
)
COMES NOW THE PLAINTIFFS Reply To Rasier-MT, LLC's [Uber Authorized Agent in Missoula, MT]
Response To Plaintiffs' Motion For Immediate Contempt Hearing.
The Plaintiffs have provided this Court with evidence that Rasier-MT, LLC (hereinafter Uber), have been
violating the rules and regulations of the State of Montana, and are in violation of this Courts Order signed
by the Honorable Judge Reynolds on July 6, 2017.
The Plaintiffs are not trying to restrict Ubers advertising/freedom of speech. This is a ridiculous claim by
Uber. The Plaintiffs are demonstrating that Uber is violating SB 396, MCA Title 39 and MCA
Title 69 rules and regulations that Class E transportation providers are to follow. Uber can only
advertise contact with customers through their app.
Uber driver/employees can't use personal names and phone numbers in their ads. The ads should advise
potential customers to check out or download their apps, not have names and phone numbers listed in
the ads. Uber is forbidden to advertise as being a taxi. Uber continues to advertise as a taxi. Uber is a
transportation network company. The Chamber of Commerce's guides that Uber is advertising in should
have been told that Uber is not allowed to have “phone numbers” listed that the ads needed or need to
have potential customers go to the app. If the people placing these ads with the Chamber are
representing Uber, than Uber is responsible for what is being put in the ads. The Plaintiffs are showing
how Uber continually violates the few rules and regulations that they are to follow.
The PSC is in violation of following the rules and regulations that they are to enforce.
Plaintiffs have standing. Plaintiffs are forced by the State of Montana to follow the laws of the State and
hire employees and pay all of the costs associated with having employees. Uber continues to skirt the
law. SB 396 establishes TNC's within the motor carrier industry.
SB 396 has nothing to do with the classification of whether or not Uber hires employees or independent
contractors. Travis Kavulla is a commissioner at the MPSC, he has nothing to do with Department of
Labor and Industry and the classification of employees. Exhibit 1 is the 1st page of SB 396, it is an act
generally revising motor carrier laws, not classifying that TNC drivers/employees are independent
contractors it. SB 396 modified title 69 for transportation, it doesn't modify 39 which is labor laws/rules.
Title 39 has not been changed by SB 396. In Rasiers-MT, LLC's Response In Opposition To Plaintiffs'
Motion For Immediate Contempt Hearing, the attorney states on page 5, “Finally, it is clear that the
Legislative intended for Rasier's drivers to be independent contractors, not employees. Section 8 of SB
396 (codified as Mont. Code Ann. 69-12-101 (20))”. Mont. Code Ann. 69-12-101 (20) is transportation
law. It is not Title 39 which has to do with employee-employer relationships.
I am going to break it down:
Exhibit 2: Title 69. Public Utilities and Carriers. Section 12 Motor Carriers
Exhibit 3: Title 39. Labor
Exhibit 4: SB 396 Section 8. “69-12-101”
It is clear that SB 396 is about transportation only Title 69.
SB 396 doesn't have Title 39 listed anywhere in it.
Intent doesn't change laws. Legislative and statutory changes change laws. State agencies don't have the
power to change law, it is a legislative act.
The Uber attorney says it's clear that the Legislature “intended” for Uber drivers to be independent
contractors....that is not the case, if it where so they would have had Title 39 provisions within SB 396.
This is Ubers and Travis Kavullas fantasy and deceptive practices at work. It is not inthe bill, the bill is
strictly a transportation bill Title 69 has to do with transportation only.
Plaintiff Pintar believes that Uber not only bribed Travis Kavulla as he is not listed as a lobbyist for Uber,
but she believes that the Governor, the Department of Labor and Industry, as well as the MPSC has been
given money, favors or “gifts” by Uber for the red carpet treatment that Uber has received. Meanwhile, the
State of Montana has deprived and violated Montana residents, people in need of 24 hour transportation,
drivers/employees, business owners and tax payers of our fundamental rights and equal protections
guaranteed by Montana Constitution and US Constitution. In an article in the Business Insider, it states
that the US Justice Department is investigating whether Uber violated foreign-bribery laws, it better
investigate bribery laws being violated in the U.S., and Montana.
Uber spent 1.2 million on lobbying efforts in the 1st half of 2017 to influence lawmakers. It appears that
Uber writes checks and government officials turn their heads and open their hands and pockets.
In a current decision, June 14, 2017, by a New York City Administrative Law Judge Michelle Burrowes,
case number 016-23858, in the New York Unemployment Insurance Appeal Board, Judge Burrowes ruled
that Uber drivers and “others similarly situated” are eligible to receive employee benefits, saying the ride
hailing app wielded enough control over the drivers to establish an employer-employee relationship.
Administrative Judge Michelle Burrowes said, “That Uber demonstrated substantial involvement with the
drivers' services and did not use an “arms' length approach as would typify an independent contractor
arrangement.”
Judge Burrowes also states that, “Uber exercised sufficient supervision, direction and control over key
aspects of the services rendered by the claimants.” She stated that, “ Uber drivers were only authorized
to operate vehicles approved by Uber. Uber controlled the fares charged, Uber prevented drivers from
accepting cash, discouraged drivers from taking tips, Uber charged fares to credit cards stored on its app
and processed these charged itself.” She also found that Uber was capable of influencing drivers
behavior by requiring drivers to accept 90% of ride requests and deactivating their account if they
canceled to many times.
In September of 2017 the TfL(Transport for London) concluded Uber was not fit and proper to hold a
London private hire operator licence. The TfL decision was based on the ground of “public safety and
security implications.”
On November 10, 2017 the British employment tribunal rejected Uber's argument that their drivers are
self-employed. The decision affirmed a ruling issued last year, means that Uber will have to ensure that
its drivers in Britain receive minimum wage and paid time off. The tribunal said, “ You can hide behind
technology, but the laws are there, and they need to obeyed and respected.”
Montana Constitution Article VII, Section IV. District court jurisdiction. (1) The district court has original
jurisdiction in all civil matters and cases at law and in equity.
This case is in the correct Court. The Honorable Judge Reynolds has jurisdiction.
MT. Auto Assocation v. Greely, 193 Mont., 378 Mont. S.C. 1981, 632 P2D 300, a legislative bill was found
unconstitutional as it violated fundamental rights. The fundamental rights of the Plaintiffs in this case have
been violated. The Plaintiffs have asked this Court repeatedly to find SB 396 unconstitutional.
Rosebud County v. Flinn, 109 Mont. 537. 543-44, 98 P.2d 330, 334 (1940), The Court has stated that “the
test under this provision of the Montana Constitution is simply whether the title is of such character as to
mislead the public as to the subjects embraced.”
If SB 396 “allowed” changes in MCA Title 39 that were not stated, than the bill needs to be declared void
as it is misleading to the public.” SB 396 was also deceptive as it deregulated entry into the motor carrier
business and stole the Plaintiffs property without just compensation.
This Court needs to determine the claims made by Uber's attorney that SB 396 has to do with MCA Title
39 laws and rules. The MDLI can't just “imply” changes, it has to be legislative process and has to show
specifically what rules and laws are being modified. SB 396 is strictly MCA Title 69 rules and regulations,
nothing to do with employee classification.
Uber has gotten away with 2 plus years of not paying employee taxes and not paying into the Montana
State Fund and unemployment insurance.
The Defendants drivers/employees are not qualified to be independent contractors under MCA Title 39
and if they did qualify to be independent contractors the individual drivers would still have to register as
independent contractors.
Under Montana Law our Attorney General Tim Fox is responsible for representing and defending
Montana's legal position and Montana's laws. It states that the, “attorney general is the legal officer of the
state and shall have the duties and powers provided by law.” Mont. Const. Art. VI 4 (4). The delegates to
the 1972 Montana Constitutional Convention made the Attorney General an independent elected official
responsible to the people of Montana, and not to the Governor or any other elected official.....he may
intervene in all suits or proceedings which are of concern to the general public....the Attorney General's
authority, duties, and responsibilities also include:
-Prosecute criminal actions for violations of Montana's unemployment insurance laws. Mont.
Code Ann. 39-51-309.
The Defendants continue to violate MCA Title 69 rules and regulations and MCA Title 39 rules and
regulations. SB 396 didn't change MCA Title 39 rules and regulations. The Attorney General needs to
investigate and find out who was using an abusive of power within the MDLI and changing rules, laws and
regulations that are to only be changed in the legislature. Uber needs to follow the rules and laws of the
State of Montana per Honorable Judge Reynolds ruling July 6, 2017. The Defendants need to either:
1. Hire employees or
2. Leave the State of Montana for violating MCA Title 39.
The Plaintiffs continue in vain to seek contempt charges in this case.
Signed and dated this 20th day of November, 2017
_____________________________________,
Carrie A Pintar, Pro Se
Dba Amazing Taxi
P.O. Box 1138
Livingston, MT. 59047
406-223-5344
_______________________________________,
Vance A. Vanderpan, Pro Se
Dba Greater Valley Taxi
P.O. Box 205
Belgrade, MT. 59714
406-580-6469
________________________________________,
Michael E. Spreadbury, Pro Se
Dba Helena Town Car
P.O. Box 5522
Helena, MT. 59604
406-437-8585
------------End of Email to Bozeman City Council----------------
Michael E. SpreadburyOwner
Helena Town Car Company
406-437-8585 Office
406-363-4485 Mobilewww.HelenaTownCar.com