{"data":{"id":"us-il/820-ilcs-14-3","jurisdiction":"us-il","citation":"820 ILCS 14/3","heading":"Definitions.","body":"As used in this Act:\n\"Active transportation network driver\" and \"active TND\" means a transportation network driver designated under the process established in Section 8.\n\"Bargaining unit\" means one statewide unit of all of the transportation network drivers performing transportation network company services on a covered transportation network company.\n\"Board\" means the State Panel of the Illinois Labor Relations Board created by Section 5 of the Illinois Public Labor Relations Act.\n\"Company union\" means any committee, driver representation plan, or association of workers or others that exists for the purpose, in whole or in part, of dealing with TNCs concerning grievances or terms and conditions of work for TNDs: (i) which a TNC has initiated or created or whose initiation or creation it has suggested or participated in; (ii) which a TNC participates in, supervises, or conducts the formulation of governing rules or policies, management, operations, or elections; or (iii) which the TNC maintains, finances, controls, dominates, or assists in maintaining or financing, unless required to do so by this Act, its implementing rules, or any other legal requirement.\nA TNC driver organization shall not be deemed a company union solely because any of the following are true:\n(1) It has negotiated or been granted the right to designate TNC drivers to be released with pay for the purpose of providing representational services in labor-management affairs on behalf of TNC drivers represented by the TNC driver organization.\n(2) In the course of providing representational services to workers for whom it is the exclusive bargaining representative, a TNC has allowed agents of the TNC driver organization to meet with drivers at the TNC's premises or communicate with TNDs via the TNC's platform.\n(3) It has received from a TNC the voluntary membership dues deductions of TNC drivers or the TNC has processed or transmitted membership dues in accordance with paragraph (5) of subsection (e) of Section 10.\n(4) It has received funds from a TNC for the administration of benefits and services to TNC drivers pursuant to a sectoral agreement in its capacity as the exclusive bargaining representative.\n(5) It has negotiated with a TNC, before or after certification as the exclusive bargaining representative, for the right and requisite resources to communicate or meet with TNDs for any purpose permitted under this Act, including via the TNC's platform.\n(6) It has communicated with a TNC, it has received data, driver information, or meeting space from a TNC, or a TNC has facilitated any communication between TNDs and the TND organization, prior to or after any certification.\n\"Covered transportation network company\" and \"covered TNC\" means a transportation network company designated under the process established in Section 9.\n\"Department\" means the Department of Labor.\n\"Exclusive bargaining representative\" means a TND organization certified by the Board, in accordance with this Act, as the representative of TNDs in the bargaining unit.\n\"Mandatory subjects of bargaining\" means those subjects of bargaining related to compensation, benefits, and other terms and conditions of work, including, but not limited to, deactivations, deactivation notice and process standards, dispute resolution procedures for resolving claims alleging unjust deactivation, and earnings transparency.\n\"Person\" includes one or more individuals, TNDs, TND organizations, TNCs, network companies, labor organizations, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers.\n\"Sectoral agreement\" means the recommendations to the Department for TND standards in the bargaining unit made either through the agreement between the exclusive bargaining representative and the covered TNCs or through the interest arbitration process, set forth in Section 12. The sectoral agreement becomes effective and enforceable upon approval by the Department.\n\"Transportation network company\" and \"TNC\" means an entity operating in the State that uses a digital network or software application service to connect passengers to transportation network company services provided by transportation network drivers. For the purposes of this paragraph, all digital networks or software application services that any related corporate entities under common control maintain shall be considered a single TNC. A TNC is not deemed to own, control, operate, or manage the vehicles used by transportation network drivers, and is not a taxicab association or a for-hire vehicle owner.\n\"Transportation network company services\" and \"TNC services\" means transportation of a passenger between points chosen by the passenger and prearranged with a transportation network driver through the use of a TNC digital network or software application. \"Transportation network company services\" and \"TNC services\" do not include a taxicab, for-hire vehicle, or street hail service.\n\"Transportation network driver\", \"transportation network company driver\", \"TNC driver\", and \"TND\" means an individual who operates a motor vehicle that: (i) is owned, leased, or otherwise authorized for use by the individual; (ii) is not a taxicab or for-hire public passenger vehicle; (iii) is used to provide transportation network company services; and (iv) operates under the TNC license of the TNC. \"Transportation network driver\", \"transportation network company driver\", \"TNC driver\", and \"TND\" do not include any individual who, with respect to the provision of TNC services is: (i) determined by a final order of a court of competent jurisdiction to be an employee within the meaning of Section 2(3) of the National Labor Relations Act, 29 U.S.C. 152(3), or within the meaning of 26 CFR 31.3121(d)-1 or 31.3401(c)-1; or (ii) declared by a TNC to be an employee within the meaning of Section 2(3) of the National Labor Relations Act, 29 U.S.C. 152(3) and within the meaning of 26 CFR 31.3121(d)-1 or 31.3401(c)-1.\n\"Transportation network driver organization\" and \"TND organization\" means any organization in which TNDs participate, and that exists and is constituted for the purpose, in whole or in part, of collective bargaining, or of dealing with transportation network companies concerning grievances, terms or conditions of work, or of other mutual aid or protection, deactivation appeal assistance, education, or other representational or support services to transportation network drivers for rights conferred under this Act, and that is not a company union.\n\"Unfair work practices\" means only those unfair work practices set forth in Section 6.","path":["CHAPTER 820 EMPLOYMENT","Transportation Network Driver Labor Relations Act."],"source_url":"https://www.ilga.gov/legislation/ILCS/details?ActID=4704\u0026ChapterID=68\u0026ChapAct=FullText\u0026Print=True","current_through":"at least Public Act 104-790","vintage":"","retrieved_at":"2026-09-15T04:46:48Z","sha256":"fd278271ccbbc93ffb218ad607bb99b1a5eca36b6cefcfb9fea30faaf74cf556","source_id":"us-il","stale":false,"prev":"us-il/820-ilcs-14-2","next":"us-il/820-ilcs-14-4"},"notice":"GroundRules: Original legal text. Not legal advice."}