Seattle’s ground-breaking ordinance allowing drivers-for-hire to collectively bargain is in jeopardy after an appeals court ruled last week it isn’t exempted from federal antitrust law, Bloomberg reports.

The three-judge, San Francisco-based appeals court panel said Washington state didn’t authorize the law specifically enough and didn’t play a role in supervising the collective bargaining process. The panel agreed with a lower court’s ruling that the Seattle law isn’t pre-empted by the National Labor Relations Act.