820 ILCS 14/12: Bargaining, impasse resolution procedures, and approval of sectoral agreement by the Department.

(a) Once the Board certifies that a TND organization is the exclusive bargaining representative for the bargaining unit, the Board shall notify all covered TNCs, and all covered TNCs shall be required to bargain with the exclusive bargaining representative concerning mandatory subjects of bargaining. The covered TNCs and TND organization may bargain concerning other subjects agreed to by the parties. To facilitate negotiations, the covered TNCs may form an industry association to negotiate on their behalf. If the covered TNCs choose not to form an association, any recommended agreement must be approved by (i) at least 2 industry member covered TNCs and (ii) member covered TNCs representing at least 80% of the market share of that industry in the State, with votes determined in proportion to the number of rides completed by TNDs contracting directly with the covered TNC in the 2 calendar quarters preceding the certification of the exclusive bargaining representative.

(b) Each individual covered TNC shall retain exclusive control over the development, maintenance, design, pricing, and implementation of its product and product features, software, contract terms, algorithm, and operations and areas of service.

(c) A sectoral agreement submitted to the Department for approval under subsection (i) shall address, at minimum, the following subjects, each of which must be set forth separately in the sectoral agreement, unless a subject is expressly waived by mutual agreement of the exclusive bargaining representative and the covered TNCs:

(1) Compensation.

(2) Benefits.

(3) Appeals process for deactivations.

(4) Representation of TNC drivers in deactivation appeals.

(5) Paid leave.

(6) Information disclosed to TNC drivers about trips on per-trip, weekly, and monthly earnings receipts and summaries, and on initial ride offers.

(7) Grievance and arbitration procedures to resolve disputes arising under the sectoral agreement.

(8) Safety mandates imposed by the covered TNCs that require TNC drivers to purchase safety equipment or purchase safety software, and safety features or protocols proposed by the exclusive bargaining representative that have a demonstrable purpose of reducing the risk of physical assault or injury to TNC drivers. For the purposes of this paragraph, "purchase" includes an automatic withdrawal from TNC driver earnings.

(9) Labor-management committees.

(10) Reasonable access by the exclusive bargaining representative to covered TNC-to-TNC driver communication systems.

(11) Deduction of voluntary fees and dues from payments to TNC drivers.

(12) Duration of the sectoral agreement, which shall be between 3 and 5 years.

(13) Insurance coverage for occupational accidents or injuries.

(14) Compensation or supplemental insurance for job loss.

(15) Deactivation process requirements, including:

(A) written notice to drivers of specific reasons for deactivation;

(B) a reactivation standard following a finding that the driver did not violate the deactivation policy or remedied any violation;

(C) agreed upon application of deactivation policies across similarly situated drivers; and

(D) driver access to representation by the exclusive bargaining representative in deactivation proceedings.

(16) Earnings transparency requirements, including:

(A) a weekly earnings summary disclosing the total fares collected from passengers, the total amount earned by the driver, third-party expenses, refunds, tips, and service fees charged by a TNC; and

(B) within 24 hours of each completed ride, an itemized per-trip receipt accessible through the application, disclosing the total amount paid by the passenger, all fees applied to the trip, the portion of the fare paid to the driver, and the tip amount, if any.

(d) A sectoral agreement, including an agreement recommended by an arbitrator under paragraph (6) of subsection (h), shall not contain a provision that prevents an individual covered TNC from exercising its autonomy under subsection (b).

(e) The negotiated sectoral agreement shall be submitted by the TND organization to a vote by all TNDs who have completed at least 100 trips in the previous calendar quarter. Such vote shall be conducted by the TND organization pursuant to procedures determined at the discretion of the TND organization. If approved by a majority of TNDs who vote, the sectoral agreement shall be submitted to the Department for approval. If a majority of valid votes cast by the TNDs are not in favor of the sectoral agreement, the TND organization and the covered TNCs will resume negotiating.

(f) For the purposes of this Section, an impasse may be deemed to exist if the covered TNCs and the exclusive bargaining representative fail to achieve agreement by the end of a 210-day period from the date a TND organization has been certified as the exclusive bargaining representative. Bargaining for a successor sectoral agreement shall begin either at the request of the exclusive bargaining representative or covered TNCs no more than 180 days before the expiration date of the prior approved sectoral agreement. In the case of bargaining for a successor sectoral agreement, an impasse may be deemed to exist if the covered TNCs and the exclusive bargaining representative fail to achieve agreement by the end of the period of negotiations preceding the expiration date of the prior approved sectoral agreement.

(g) Upon impasse, any of the affected covered TNCs or the exclusive bargaining representative may request the Board to render assistance as provided in this Section.

(h) Upon receiving a timely request from an exclusive bargaining representative or covered TNC for commencement of an impasse proceeding, the Board shall aid the parties as follows:

(1) To assist the parties to effect a voluntary resolution of the dispute, the Board shall provide the parties with a list of qualified mediators as maintained by the Board within 7 days after the request for commencement of impasse proceedings. Within 7 days after receipt of such list, the parties shall either select a mediator from the Board's list or select another mutually agreed mediator. Each of the affected parties (affected covered TNCs and the exclusive bargaining representative) shall have an equal say in the selection of the mediator and each of the affected parties shall share equally the cost of the mediator. If the parties fail to select a mediator and notify the Board of their selection within 7 days after the date the Board provides the list of mediators, the Board shall appoint a mediator from the list. The Board shall make such an appointment and notify the parties within 7 days. If the mediator is unable to achieve agreement between the parties concerning an appropriate resolution within 60 days after the Board has provided the parties the list of mediators, any party may petition the Board to refer the dispute to an arbitrator.

(2) Upon timely petition of either party, the Board shall refer the dispute to an arbitrator as provided.

(3) Each of the affected parties (affected covered TNCs and the exclusive bargaining representative) shall have an equal say in the selection of the arbitrator and each of the affected parties shall share equally the cost of the arbitrator. If the parties are unable to agree upon the arbitrator within 7 days after the Board notifies the covered TNCs of the need to appoint an arbitrator, the Board shall submit to the parties a list of qualified, disinterested persons for the selection of an arbitrator. A representative of each of the parties shall alternately strike from the list one of the names with the order of striking determined by lot, until the remaining one person shall be designated as the arbitrator. Each party shall select its representative for this purpose as it sees fit. A party's failure to agree upon the designation of its representative shall result in the failure of the striking procedure, but shall not impede the Board's appointment of the arbitrator upon such failure. The striking process shall be completed within 5 days after receipt of the Board's list. The representatives who undertake the striking shall notify the Board of the designated arbitrator. If the parties are unable to select the arbitrator within 5 days following receipt of this list, the Board shall appoint the arbitrator.

(4) The arbitrator shall hold hearings on all matters related to the dispute, concerning mandatory subjects of bargaining, and any other subject agreed to be submitted by the covered TNCs and the TND organization. The parties may be heard either in person, by counsel, or by other representatives, as the parties may respectively designate. The arbitrator shall determine the order of presentation by the parties, and shall have discretion and authority to decide all procedural issues that may be raised.

(5) The parties may present, either orally or in writing, or both, statements of fact, supporting witnesses and other evidence, and argument of their respective positions with respect to each case. The arbitrator shall have authority to require the production of additional evidence, either oral or written as the arbitrator may desire from the parties and shall provide at the request of either party that a full and complete record be kept of any such hearings, the cost of such record to be borne by the requesting party. If such a record is created, it shall be shared with all parties regardless of which party paid for it.

(6) The arbitrator shall make a just and reasonable determination of the matters in dispute, set forth in paragraph (4), and within 90 days after the arbitrator's appointment shall issue a determination that shall apply to all covered TNCs and the exclusive bargaining representative. The time period for the arbitrator's determination may be extended by the arbitrator upon good cause shown, or by agreement by the parties. In arriving at such determination, the arbitrator shall specify the basis for the arbitrator's findings, taking into consideration, in addition to any factors recommended by the parties that the arbitrator finds to be consistent with this Act, the following:

(i) whether the compensation, benefits, and conditions of work of the TNDs achieve the policy goals set forth in Section 2; such compensation and benefits must take into account the real cost of living, and may substantially exceed any statutory minimum wage, and should be a sufficient amount such that the TNDs do not need to rely upon any public benefits;

(ii) whether the most efficient way to provide benefits is through a portable benefits fund, and, if so, how to best assess each covered TNC a portion of the costs of providing those benefits;

(iii) the financial ability of the affected covered TNCs to pay for the compensation and benefits in question and the impact on the delivery of services provided by the covered TNCs;

(iv) the establishment of a reasonable deactivation appeals process that will allow TNDs a reasonable expectation of uninterrupted work; and

(v) comparison of particularities in regard to other trades or professions, including specifically, hazards of work, physical qualifications, educational qualifications, mental qualifications, job training, and skills.

(i) Any sectoral agreement, whether agreed upon between covered TNCs and the exclusive bargaining representative of TNDs in the bargaining unit or as determined by an arbitrator, under this Act shall be reviewed and approved or disapproved by the Department. In deciding whether to grant approval to such sectoral agreement, the Department's decision shall be based on the factors specified in subsection (c) and in paragraph (6) of subsection (h), and the policies set forth in Section 2. Within 60 days after submission of the recommended sectoral agreement, the Department shall approve or disapprove the sectoral agreement. Upon approval by the Department, the terms of the sectoral agreement shall be effective and enforceable through the provisions of the sectoral agreement and this Act. If the Department disapproves of the sectoral agreement, the Department may make recommendations for amendments to the sectoral agreement that would cause the Department to approve the sectoral agreement. Any new terms for the bargaining unit shall be set in accordance with the procedures set forth in this Section.

(j) The exclusive bargaining representative and the covered TNCs may mutually agree to recommend changes to an approved sectoral agreement. Such recommended changes to an approved sectoral agreement must be submitted to the Department for approval or disapproval under subsection (i).