Illinois · Through at least Public Act 104-790

820 ILCS 14/10: Designation of bargaining representatives.

(a) For the purposes of this Act, each TND performing TNC services on a covered TNC shall be included in the bargaining unit.
(b) A TND organization may demonstrate that it has been designated as a bargaining representative by presenting to the Board cards, petitions, or other evidence, which may be in electronic form, sufficient to show the TND has authorized the TND organization to act as the worker's bargaining representative. A TND may demonstrate that TNDs do not wish to be represented by a TND organization by presenting to the Board cards, petitions, or other evidence, which may be in electronic form, sufficient to show the TND does not authorize any TND organization to act as the worker's exclusive bargaining representative. The Board shall deem valid any such card, petition, or other evidence that includes (i) the signature of the TND, (ii) the date of execution, (iii) a statement indicating the TND's authorization of the TND organization to act as the TND's exclusive bargaining representative or alternatively the TND's wish to not be represented by a TND organization, and (iv) the name of at least one TNC for whom the TND performs services. No card, petition, or other evidence of designation of bargaining representative shall be deemed valid for the purposes of this Section unless it was executed on or after the effective date of this Act. In order to be valid, the card, petition, or other evidence must have been executed by the TND within one year of the date that the TND organization, or TND, submits the evidence to the Board. The authorizations or designations of representatives may be evidenced by electronic records or electronic signatures as provided under Sections 7 and 8 of the Uniform Electronic Transactions Act. The Board shall accept electronic signatures as a means to support the authorizations or designations of representatives where, as with handwritten signatures, the electronic signature method chosen by the party provides the Board with prima facie evidence (1) that a TND has electronically signed a document purporting to state the TND's views regarding representation and (2) that the petitioner has accurately transmitted that document to the Board. The authorizations or designations of representative shall be presumed to be valid unless called into question by the presence of objective evidence. The Board may adopt rules for verification of electronic signatures to effectuate this Section consistent with the following:
(1) Submissions supported by electronic signature must contain the following: (i) the signer's name; (ii) the signer's email address or other known contact information, such as a social media account; (iii) the signer's telephone number; (iv) the authorization language to which the signer has agreed; (v) the date the electronic signature was submitted; and (vi) the name of at least one TNC for whom the TND performs services. The Board shall not require any additional TND identifying information to be submitted for the signature and authorization to be presumed valid. If the submission does not identify at least one TNC for whom the TND performs services, then at the time the submission is provided to the Board, the petitioner may attest, in writing, that the TND currently provides services for at least one identified TNC.
(2) A party submitting either electronic or digital signatures must submit a declaration: (i) identifying what electronic or digital signature technology was used and explaining how its controls ensure that the electronic or digital signature is that of the signatory TND and that the TND signed the document; and (ii) that the electronically transmitted information regarding what and when the TNDs signed is the same information seen and signed by the TND.
(3) When the electronic signature technology being used does not support digital signatures that can be independently verified by a third party, the submitting party must submit evidence that, after the electronic signature was obtained, the submitting party promptly transmitted a communication stating and confirming all the information listed in paragraph (1) (the "Confirmation Transmission"). The Confirmation Transmission must be sent to an individual account, such as an email address, text message via mobile phone, or social media account provided by the signer. If any responses to the Confirmation Transmission are received by the time of submission to the Board, those responses must also be provided to the Board.
(c) The Board shall not adopt or impose any requirements for designations or authorizations of representative in addition to those specified in subsection (b), unless based on objective evidence of fraud, the Board determines that additional technical requirements are necessary to prevent the fraud. Any additional requirements shall be consistent with the purpose of subsection (b) and shall not require additional TND identifying information to be submitted for the signature and authorization to be presumed valid. A designation or authorization of representative shall not be invalidated for typographical or other errors or omissions if the intent of the signer is clear and the signer's identity can be determined based on the totality of the information presented.
(d)(1) Within 30 days after the petition of any TND organization, the Board shall make a determination that such organization has been designated as the bargaining representative by at least 10% of active TNDs in the bargaining unit. For the purposes of this paragraph, the operative list of active TNDs shall be based on the most recent quarterly list provided by the covered TNCs to the Board in accordance with Section 8.
(2) Within 30 days after the Board's determination that a TND organization has been designated as the bargaining representative of at least 10% of active TNDs in the bargaining unit, the Board shall: (i) require each covered TNC to send a notice, in a form determined by the Board, 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 (ii) provide the TND organization with a complete list of names, phone numbers, mailing address, email addresses, and preferred language for all active TNDs in the bargaining unit. The TNC shall provide the notice in all languages that the Board determines are likely spoken by 5% or more of TNC drivers. The Board will provide the TND organization with an updated list each quarter for the following 4 quarters.
(e)(1) A TND organization that provides evidence to the Board that it has been designated as bargaining representative by 30% of active TNDs in the bargaining unit shall be certified as the exclusive bargaining representative of all TNDs in the bargaining unit. The Board shall make such determination of exclusive bargaining representative status within 30 days after the petition. In the alternative, a TND organization that has been designated as the bargaining representative of at least 10% of active TNDs in the bargaining unit, pursuant to a petition filed under subsection (d) or (e), may petition the Board to conduct an election. The TND organization may petition for such election at any time within one year of the Board's determination that it has been designated as the bargaining representative of at least 10% of active TNDs. The Board shall publicly announce the petition for election and require each covered TNC to provide notice, in a form determined by the Board, to all active TNDs of the petition for election. The election shall be conducted as expeditiously as possible, but in no event more than 60 days after the TND organization's petition for election. Any other TND organization that provides evidence to the Board that it has been designated as the bargaining representative of at least 10% of active TNDs in the bargaining unit may, within 30 days after the Board's public announcement of the original petition for election, intervene and participate in the election. For the purposes of this paragraph and for petitions filed by a TND organization within 6 months of having been designated as a representative by 10% of active TNDs under paragraph (2) of subsection (d), the operative list of active TNDs shall be based on the first list of active TNDs provided to the TND organization by the Board under paragraph (2) of subsection (d). For the purposes of all other petitions under this paragraph, the operative list of active TNDs shall be the most recent quarterly list provided by the covered TNCs in accordance with Section 8.
(2) If a TND organization seeking certification as the exclusive bargaining representative without an election provides evidence that shows that less than a majority of active TNDs have designated the TND organization as their bargaining representative, the Board shall wait 7 days before certifying the TND organization as the exclusive bargaining representative. If, during those 7 days, another TND organization provides evidence to the Board that at least 20% of active TNDs in the bargaining unit have designated it as their bargaining representative, then the Board shall hold an election among all active TNDs in the bargaining unit. Such election shall be conducted as expeditiously as possible, but in no event more than 60 days after the petition of the original TND seeking certification as the exclusive bargaining representative. For the purposes of such election and for petitions filed by a TND organization within 6 months of having been designated as representative by 10% of active TNDs under paragraph (2) of subsection (d), the operative list of active TNDs shall be based on the first list of active TNDs provided to the TND organization by the Board under paragraph (2) of subsection (d). For the purposes of all other elections under this paragraph, the operative list of active TNDs shall be the most recent quarterly list provided by the covered TNCs in accordance with Section 8.
(2.5) For purposes of any election conducted under paragraph (1) or (2) of this subsection, if the TND organization receives a majority of valid votes cast in the election, the Board shall certify the TND organization as the exclusive bargaining representative. When 2 or more TND organizations are on the ballot and none of the choices (the TND organizations or "no worker organization") receives a majority of the valid votes cast, there shall be a runoff election between the 2 choices receiving the largest and second largest number of votes, to be conducted within 45 days after the determination that no choice had received a majority of valid votes cast. The TNDs eligible to vote in the runoff election shall be the same TNDs eligible to vote in the initial election. A TND organization receiving a majority of the valid votes cast in the runoff election shall be certified as the exclusive bargaining representative of all TNDs in the bargaining unit. If a majority of the valid votes cast are for "no worker organization", then the Board shall not certify any worker organization as the exclusive bargaining representative.
(3) A TND organization certified as the exclusive bargaining representative shall have the exclusive authority to represent the TNDs in the bargaining unit, without challenge by another TND organization, and not subject to decertification by the procedures in this subsection, for the greater of (i) one year following certification or (ii) the length of time that a sectoral agreement approved by the Department under subsection (i) of Section 12 is in effect, provided that the period shall not be longer than 3 years following the date of the Department's approval of the sectoral agreement. During the times when an exclusive bargaining representative is subject to challenge, TNDs may file for a decertification election upon a showing that at least 25% of the active TNDs in the bargaining unit have demonstrated support for the decertification. The Board will then schedule an election to determine whether the TND organization has retained its status as the exclusive bargaining representative. The TND organization shall retain its status as the exclusive bargaining representative if it receives a majority of valid votes cast by active TNDs in the bargaining unit. For the purposes of this paragraph, the operative list of active TNDs shall be based on the most recent quarterly list provided by the covered TNCs in accordance with Section 8.
(4) If a TND organization has been certified as the exclusive bargaining representative with respect to the bargaining unit, only that TND organization shall be entitled to: (i) immediately upon certification, and, quarterly thereafter, receive from the Board the data provided by the covered TNCs to the Board under Section 8, to be used solely for the purposes of bargaining and the performance of its other duties as the TND's bargaining representative; and (ii) to engage in bargaining with the covered TNCs for a sectoral agreement to be recommended to the Department concerning mandatory subjects of bargaining.
(5) A TND organization that has been certified as the exclusive bargaining representative with respect to the bargaining unit shall have a right to voluntary deduction of dues, initiation fees, assessments, and other payments to the TND organization, from payments to TNDs by a covered TNC, upon presentation of deduction authorizations signed by individual TNDs, which may be in electronic form. A covered TNC shall commence making such deductions in accordance with the terms of the deduction authorization as soon as practicable, but in no case later than 30 days after receiving proof of a signed deduction authorization, and amounts deducted shall be submitted to the TND organization within 30 days after the deduction. A covered TNC shall accept a signed deduction authorization evidenced by electronic records or electronic signatures as provided under Sections 7 and 8 of the Uniform Electronic Transactions Act. The right to such deductions shall remain in full force and effect until an individual TND revokes the deduction authorization in writing in accordance with the terms of the authorization.
(f) An order of the Board dismissing a representation petition or determining, certifying, or decertifying a TND organization as an exclusive bargaining representative is a final order. Any person aggrieved by any such final order may apply for and obtain judicial review in accordance with the provisions of the Administrative Review Law, except that such review shall be afforded directly in the Appellate Court for the district in which the aggrieved party resides or transacts business. Any direct appeal to the Appellate Court shall be filed within 35 days after the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision.
(g) Upon agreement by a TND organization seeking such determination or petition or a TND seeking such determination, and the relevant covered TNC or TNCs, any of the numerical thresholds or any of the elections in this Section shall be determined or conducted by a neutral body, in accordance with the provisions of this Act. The fees of the neutral body shall be paid by the Board. The neutral body shall report the results of such determination or election to the Board, which shall certify the results if it is satisfied that the determination was made or election was conducted in accordance with the provisions of this Act. If no neutral body has been agreed to within 10 days after a TND organization's or TND's notice of its request for a determination or its petition, the Board may designate a neutral body or perform such functions itself.

Where this section sits in the code

CHAPTER 820 EMPLOYMENT
Transportation Network Driver Labor Relations Act.

(a) For the purposes of this Act, each TND performing TNC services on a covered TNC shall be included in the bargaining unit.

(b) A TND organization may demonstrate that it has been designated as a bargaining representative by presenting to the Board cards, petitions, or other evidence, which may be in electronic form, sufficient to show the TND has authorized the TND organization to act as the worker's bargaining representative. A TND may demonstrate that TNDs do not wish to be represented by a TND organization by presenting to the Board cards, petitions, or other evidence, which may be in electronic form, sufficient to show the TND does not authorize any TND organization to act as the worker's exclusive bargaining representative. The Board shall deem valid any such card, petition, or other evidence that includes (i) the signature of the TND, (ii) the date of execution, (iii) a statement indicating the TND's authorization of the TND organization to act as the TND's exclusive bargaining representative or alternatively the TND's wish to not be represented by a TND organization, and (iv) the name of at least one TNC for whom the TND performs services. No card, petition, or other evidence of designation of bargaining representative shall be deemed valid for the purposes of this Section unless it was executed on or after the effective date of this Act. In order to be valid, the card, petition, or other evidence must have been executed by the TND within one year of the date that the TND organization, or TND, submits the evidence to the Board. The authorizations or designations of representatives may be evidenced by electronic records or electronic signatures as provided under Sections 7 and 8 of the Uniform Electronic Transactions Act. The Board shall accept electronic signatures as a means to support the authorizations or designations of representatives where, as with handwritten signatures, the electronic signature method chosen by the party provides the Board with prima facie evidence (1) that a TND has electronically signed a document purporting to state the TND's views regarding representation and (2) that the petitioner has accurately transmitted that document to the Board. The authorizations or designations of representative shall be presumed to be valid unless called into question by the presence of objective evidence. The Board may adopt rules for verification of electronic signatures to effectuate this Section consistent with the following:

(1) Submissions supported by electronic signature must contain the following: (i) the signer's name; (ii) the signer's email address or other known contact information, such as a social media account; (iii) the signer's telephone number; (iv) the authorization language to which the signer has agreed; (v) the date the electronic signature was submitted; and (vi) the name of at least one TNC for whom the TND performs services. The Board shall not require any additional TND identifying information to be submitted for the signature and authorization to be presumed valid. If the submission does not identify at least one TNC for whom the TND performs services, then at the time the submission is provided to the Board, the petitioner may attest, in writing, that the TND currently provides services for at least one identified TNC.

(2) A party submitting either electronic or digital signatures must submit a declaration: (i) identifying what electronic or digital signature technology was used and explaining how its controls ensure that the electronic or digital signature is that of the signatory TND and that the TND signed the document; and (ii) that the electronically transmitted information regarding what and when the TNDs signed is the same information seen and signed by the TND.

(3) When the electronic signature technology being used does not support digital signatures that can be independently verified by a third party, the submitting party must submit evidence that, after the electronic signature was obtained, the submitting party promptly transmitted a communication stating and confirming all the information listed in paragraph (1) (the "Confirmation Transmission"). The Confirmation Transmission must be sent to an individual account, such as an email address, text message via mobile phone, or social media account provided by the signer. If any responses to the Confirmation Transmission are received by the time of submission to the Board, those responses must also be provided to the Board.

(c) The Board shall not adopt or impose any requirements for designations or authorizations of representative in addition to those specified in subsection (b), unless based on objective evidence of fraud, the Board determines that additional technical requirements are necessary to prevent the fraud. Any additional requirements shall be consistent with the purpose of subsection (b) and shall not require additional TND identifying information to be submitted for the signature and authorization to be presumed valid. A designation or authorization of representative shall not be invalidated for typographical or other errors or omissions if the intent of the signer is clear and the signer's identity can be determined based on the totality of the information presented.

(d)(1) Within 30 days after the petition of any TND organization, the Board shall make a determination that such organization has been designated as the bargaining representative by at least 10% of active TNDs in the bargaining unit. For the purposes of this paragraph, the operative list of active TNDs shall be based on the most recent quarterly list provided by the covered TNCs to the Board in accordance with Section 8.

(2) Within 30 days after the Board's determination that a TND organization has been designated as the bargaining representative of at least 10% of active TNDs in the bargaining unit, the Board shall: (i) require each covered TNC to send a notice, in a form determined by the Board, 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 (ii) provide the TND organization with a complete list of names, phone numbers, mailing address, email addresses, and preferred language for all active TNDs in the bargaining unit. The TNC shall provide the notice in all languages that the Board determines are likely spoken by 5% or more of TNC drivers. The Board will provide the TND organization with an updated list each quarter for the following 4 quarters.

(e)(1) A TND organization that provides evidence to the Board that it has been designated as bargaining representative by 30% of active TNDs in the bargaining unit shall be certified as the exclusive bargaining representative of all TNDs in the bargaining unit. The Board shall make such determination of exclusive bargaining representative status within 30 days after the petition. In the alternative, a TND organization that has been designated as the bargaining representative of at least 10% of active TNDs in the bargaining unit, pursuant to a petition filed under subsection (d) or (e), may petition the Board to conduct an election. The TND organization may petition for such election at any time within one year of the Board's determination that it has been designated as the bargaining representative of at least 10% of active TNDs. The Board shall publicly announce the petition for election and require each covered TNC to provide notice, in a form determined by the Board, to all active TNDs of the petition for election. The election shall be conducted as expeditiously as possible, but in no event more than 60 days after the TND organization's petition for election. Any other TND organization that provides evidence to the Board that it has been designated as the bargaining representative of at least 10% of active TNDs in the bargaining unit may, within 30 days after the Board's public announcement of the original petition for election, intervene and participate in the election. For the purposes of this paragraph and for petitions filed by a TND organization within 6 months of having been designated as a representative by 10% of active TNDs under paragraph (2) of subsection (d), the operative list of active TNDs shall be based on the first list of active TNDs provided to the TND organization by the Board under paragraph (2) of subsection (d). For the purposes of all other petitions under this paragraph, the operative list of active TNDs shall be the most recent quarterly list provided by the covered TNCs in accordance with Section 8.

(2) If a TND organization seeking certification as the exclusive bargaining representative without an election provides evidence that shows that less than a majority of active TNDs have designated the TND organization as their bargaining representative, the Board shall wait 7 days before certifying the TND organization as the exclusive bargaining representative. If, during those 7 days, another TND organization provides evidence to the Board that at least 20% of active TNDs in the bargaining unit have designated it as their bargaining representative, then the Board shall hold an election among all active TNDs in the bargaining unit. Such election shall be conducted as expeditiously as possible, but in no event more than 60 days after the petition of the original TND seeking certification as the exclusive bargaining representative. For the purposes of such election and for petitions filed by a TND organization within 6 months of having been designated as representative by 10% of active TNDs under paragraph (2) of subsection (d), the operative list of active TNDs shall be based on the first list of active TNDs provided to the TND organization by the Board under paragraph (2) of subsection (d). For the purposes of all other elections under this paragraph, the operative list of active TNDs shall be the most recent quarterly list provided by the covered TNCs in accordance with Section 8.

(2.5) For purposes of any election conducted under paragraph (1) or (2) of this subsection, if the TND organization receives a majority of valid votes cast in the election, the Board shall certify the TND organization as the exclusive bargaining representative. When 2 or more TND organizations are on the ballot and none of the choices (the TND organizations or "no worker organization") receives a majority of the valid votes cast, there shall be a runoff election between the 2 choices receiving the largest and second largest number of votes, to be conducted within 45 days after the determination that no choice had received a majority of valid votes cast. The TNDs eligible to vote in the runoff election shall be the same TNDs eligible to vote in the initial election. A TND organization receiving a majority of the valid votes cast in the runoff election shall be certified as the exclusive bargaining representative of all TNDs in the bargaining unit. If a majority of the valid votes cast are for "no worker organization", then the Board shall not certify any worker organization as the exclusive bargaining representative.

(3) A TND organization certified as the exclusive bargaining representative shall have the exclusive authority to represent the TNDs in the bargaining unit, without challenge by another TND organization, and not subject to decertification by the procedures in this subsection, for the greater of (i) one year following certification or (ii) the length of time that a sectoral agreement approved by the Department under subsection (i) of Section 12 is in effect, provided that the period shall not be longer than 3 years following the date of the Department's approval of the sectoral agreement. During the times when an exclusive bargaining representative is subject to challenge, TNDs may file for a decertification election upon a showing that at least 25% of the active TNDs in the bargaining unit have demonstrated support for the decertification. The Board will then schedule an election to determine whether the TND organization has retained its status as the exclusive bargaining representative. The TND organization shall retain its status as the exclusive bargaining representative if it receives a majority of valid votes cast by active TNDs in the bargaining unit. For the purposes of this paragraph, the operative list of active TNDs shall be based on the most recent quarterly list provided by the covered TNCs in accordance with Section 8.

(4) If a TND organization has been certified as the exclusive bargaining representative with respect to the bargaining unit, only that TND organization shall be entitled to: (i) immediately upon certification, and, quarterly thereafter, receive from the Board the data provided by the covered TNCs to the Board under Section 8, to be used solely for the purposes of bargaining and the performance of its other duties as the TND's bargaining representative; and (ii) to engage in bargaining with the covered TNCs for a sectoral agreement to be recommended to the Department concerning mandatory subjects of bargaining.

(5) A TND organization that has been certified as the exclusive bargaining representative with respect to the bargaining unit shall have a right to voluntary deduction of dues, initiation fees, assessments, and other payments to the TND organization, from payments to TNDs by a covered TNC, upon presentation of deduction authorizations signed by individual TNDs, which may be in electronic form. A covered TNC shall commence making such deductions in accordance with the terms of the deduction authorization as soon as practicable, but in no case later than 30 days after receiving proof of a signed deduction authorization, and amounts deducted shall be submitted to the TND organization within 30 days after the deduction. A covered TNC shall accept a signed deduction authorization evidenced by electronic records or electronic signatures as provided under Sections 7 and 8 of the Uniform Electronic Transactions Act. The right to such deductions shall remain in full force and effect until an individual TND revokes the deduction authorization in writing in accordance with the terms of the authorization.

(f) An order of the Board dismissing a representation petition or determining, certifying, or decertifying a TND organization as an exclusive bargaining representative is a final order. Any person aggrieved by any such final order may apply for and obtain judicial review in accordance with the provisions of the Administrative Review Law, except that such review shall be afforded directly in the Appellate Court for the district in which the aggrieved party resides or transacts business. Any direct appeal to the Appellate Court shall be filed within 35 days after the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision.

(g) Upon agreement by a TND organization seeking such determination or petition or a TND seeking such determination, and the relevant covered TNC or TNCs, any of the numerical thresholds or any of the elections in this Section shall be determined or conducted by a neutral body, in accordance with the provisions of this Act. The fees of the neutral body shall be paid by the Board. The neutral body shall report the results of such determination or election to the Board, which shall certify the results if it is satisfied that the determination was made or election was conducted in accordance with the provisions of this Act. If no neutral body has been agreed to within 10 days after a TND organization's or TND's notice of its request for a determination or its petition, the Board may designate a neutral body or perform such functions itself.

Collected 2026-09-15T04:46:48Z. Source file · JSON

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