{"data":{"id":"us-il/820-ilcs-14-7","jurisdiction":"us-il","citation":"820 ILCS 14/7","heading":"Prevention of unfair work practices.","body":"(a) The Board is empowered and directed to prevent any TNC and any TND organization from engaging in any unfair work practice described in this Act. This power shall not be affected or impaired by any means of adjustment, mediation, or conciliation in labor disputes that have been or may hereafter be established by law or the approval of a sectoral agreement provided for in subsection (i) of Section 12. In order to prevent unfair work practices, each TNC shall, at least once each year, send a text message and an email to each of its active TNDs in a form determined by the Board notifying the TNDs of their rights under this Act, and the procedure for filing an unfair work practice charge. 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 shall also post a copy of this notice on its website.\n(b) No complaint shall issue based upon any unfair work practice occurring more than 6 months prior to the filing of a charge with the Board and the service of a copy upon the person against whom the charge is made. Notwithstanding the provisions of this subsection, if the aggrieved party did not reasonably have knowledge of the alleged unfair work practice, the 6-month filing and service period shall begin to run when the charging party knew, or reasonably should have known, of the actions which constitute the alleged unfair work practice.\n(c) Whenever it is charged that any person has engaged in, or is engaging in, any unfair work practice, the Board, or any agent designated by the Board for the purposes, shall conduct an investigation of the charge. If, after the investigation, the Board finds that the charge involves a dispositive issue of law or fact, the Board shall issue a complaint and cause to be served upon the person the complaint stating the charges, accompanied by a notice of hearing before the Board or a member designated by the Board, or before a qualified hearing officer designated by the Board at the offices of the Board or the other location as the Board deems appropriate, not less than 5 days after service of the complaint. Any such complaint may be amended by the member or hearing officer conducting the hearing for the Board in his or her discretion at any time prior to the issuance of an order based thereon. The person who is the subject of the complaint has the right to file an answer to the original or amended complaint and to appear in person or by a representative and give testimony at the place and time fixed in the complaint. In the discretion of the member or hearing officer conducting the hearing or the Board, any other person may be allowed to intervene in the proceeding and to present testimony. In any hearing conducted by the Board, neither the Board nor the member or agent conducting the hearing shall be bound by the rules of evidence applicable to courts, except as to the rules of privilege recognized by law.\n(d) The Board shall have the power to issue subpoenas and administer oaths. If any party willfully fails or neglects to appear or testify or to produce books, papers, and records pursuant to the issuance of a subpoena by the Board, the Board may apply to a court of competent jurisdiction to request that the party be ordered to appear before the Board to testify or produce the requested evidence.\n(e) Any testimony taken by the Board, or a member designated by the Board or a hearing officer, must be reduced to writing and filed with the Board. A full and complete record shall be kept of all proceedings before the Board, and all proceedings shall be transcribed by a reporter appointed by the Board. The party on whom the burden of proof rests shall be required to sustain the burden by a preponderance of the evidence, and the charging party shall have the burden of proving the unfair work practice accordingly. If, upon a preponderance of the evidence taken, the Board is of the opinion that any person named in the charge has engaged in or is engaging in an unfair work practice, then it shall state its findings of fact and shall issue and cause to be served upon the person an order requiring the person to cease and desist from the unfair work practice, and to take the affirmative action as will effectuate the provisions of this Act, including, but not limited to: (i) withdrawal of recognition from and refraining from sectoral bargaining with any organization or association, agency, or plan that is either defined in this Act as a company union or established, maintained, or assisted by any action defined in this Act as an unfair work practice; (ii) awarding of back compensation without any reduction based on the TND's interim earnings or failure to earn interim earnings and, upon a showing of egregious misconduct, an additional amount as liquidated damages equal to 2 times the amount of back compensation awarded; (iii) requiring reengagement or reestablishment of the TNC's preexisting relationship with an improperly adversely affected TND with or without compensation, or maintenance of a preferential list from which the TND shall be reengaged or the relationship reestablished, and the order may further require the respondent to make reports from time to time showing the extent to which the order has been complied with; (iv) requiring the TNC to recognize and bargain with a TND organization if the Board determines that the unfair work practice interfered with the TND's right to form or join a TND organization; and (v) requiring the respondent to comply with any other obligation of this Act. The Board's order may in its discretion also include an appropriate sanction, based on the Board's rules, and the sanction may include an order to pay the other party or parties' reasonable expenses, including costs and reasonable attorney's fees, if the other party has made allegations or denials without reasonable cause and found to be untrue or has engaged in frivolous litigation for the purpose of delay or needless increase in the cost of litigation. If the Board awards back compensation, damages, or monetary sanction, it shall also award interest at the rate of 7% per annum. The Board's order may further require the person to make reports from time to time, and demonstrate the extent to which the person has complied with the order. If there is no preponderance of evidence to indicate to the Board that the person named in the charge has engaged in or is engaging in the unfair work practice, then the Board shall state its findings of fact and shall issue an order dismissing the complaint.\n(f) Until the record in a case has been filed in court, the Board at any time, upon reasonable notice and in a manner as it deems proper, may modify or set aside, in whole or in part, any finding or order made or issued by it.\n(g) A charging party or any person aggrieved by a final order of the Board granting or denying in whole or in part the relief sought may apply for and obtain judicial review of an order of the Board entered under this Act, in accordance with the provisions of the Administrative Review Law, except that judicial review shall be afforded directly in the Appellate Court for the district in which the aggrieved party resides or transacts business, and judicial review shall not be available for the purpose of challenging a final order issued by the Board under Section 10 for which judicial review has been petitioned in accordance with subsection (f) of Section 10. 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. The filing of an appeal to the Appellate Court shall not automatically stay the enforcement of the Board's order. An aggrieved party may apply to the Appellate Court for a stay of the enforcement of the Board's order after the aggrieved party has followed the procedure prescribed by Supreme Court Rule 335. The Board in proceedings under this Section shall request and may obtain an order of the court for the enforcement of the Board's order.\n(h) Whenever it appears that any person has violated a final order of the Board issued under this Section, the Board must commence an action in the name of the People of the State of Illinois by petition, alleging the violation, attaching a copy of the order of the Board, and praying for the issuance of an order directing the person, the person's officers, agents, servants, successors, and assigns to comply with the order of the Board. The Board shall be represented in this action by the Attorney General in accordance with the Attorney General Act. The court may grant or refuse, in whole or in part, the relief sought, provided that the court may stay an order of the Board in accordance with the Administrative Review Law, pending disposition of the proceedings. The court may punish a violation of its order as in civil contempt. The proceedings provided in this paragraph shall be commenced in the Appellate Court for the district where the unfair work practice which is the subject of the Board's order was committed, or where a person required to cease and desist by the order resides or transacts business. In case of the enforcement of an order of the Board, the Appellate Court shall have the power to issue any injunctive or equitable remedy it finds appropriate, and in the case of a Board order which requires the payment of money, the Appellate Court shall have the power to enter judgment for the amount justified by the record and for costs, which judgment may be enforced as other judgments for the recovery of money.\n(i)(1) A party filing an unfair work practice charge under this Section may petition the Board to obtain injunctive relief, pending a decision on the merits of the charge by the Board, a member designated by the Board, or a hearing officer designated by the Board, upon a showing that: (i) it is likely to succeed on the merits; (ii) it is likely to suffer irreparable harm in the absence of preliminary relief; (iii) the balance of equities tips in its favor; and (iv) an injunction is in the public interest. The immediate and irreparable harm may include the chilling of TNDs in the exercise of rights provided or protected by this Act.\n(2) Within 60 days after the receipt by the Board of the petition for injunctive relief, if the Board determines that a charging party has made a sufficient showing in accordance with paragraph (1), the Board, through the Attorney General, shall petition the circuit court where the alleged unfair work practice was allegedly committed, or where a person required to cease and desist from the alleged unfair work practice resides or transacts business, for appropriate temporary relief or restraining order. The Board shall be represented in the action by the Attorney General in accordance with the Attorney General Act. If the Board fails to act within 60 days, the Board shall be deemed to have made a final order determining not to seek injunctive relief. If the Board determines not to seek injunctive relief, or if the Board, through the Attorney General, does not petition the circuit court for injunctive relief within 60 days after the filing of the charging party's petition with the Board, the charging party may seek injunctive relief by petition to the circuit court, in which case the Board must be joined as a necessary party.\n(3) Upon the filing of any petition for injunctive relief as provided in the preceding paragraph, the injunctive relief may be granted by the court, after hearing all parties, if it determines that there is a sufficient showing under paragraph (1). The relief shall expire on decision by the Board, a member designated by the Board, or a hearing officer designated by the Board finding no unfair work practice to have occurred, successful appeal of the grant of injunctive relief, or successful motion to vacate or modify the injunctive relief under the Code of Civil Procedure. Any injunctive relief in effect pending a decision by the Board (i) shall expire upon a decision by the Board finding no unfair work practice to have occurred, of which the Board shall notify the court immediately, or (ii) shall remain in effect only to the extent it implements any remedial order issued by the Board in its decision, of which the Board shall notify the court immediately.\n(4) A decision on the merits of the unfair work practice charge by the Board finding an unfair work practice to have occurred shall continue the injunctive relief until either (i) the respondent implements the remedy or (ii) the Board's order is set aside in an action for review of the Board's order under the Administrative Review Law as set forth in subsection (g).\n(5) The appeal of any order granting, denying, modifying, or vacating injunctive relief ordered by the court under this subsection shall be made in accordance with the Code of Civil Procedure and Supreme Court Rules.\n(6) The Board or, where applicable, the charging party, shall not be required to give any undertakings or bond and shall not be liable for any damages or costs which may have been sustained by reason of any injunctive relief ordered. In the case of a TNC's failure to provide an accurate list of names, mobile phone numbers, email addresses, and mailing addresses of TNDs, immediate and irreparable injury, loss, or damage shall be presumed.\n(j) In addition to, and without limiting, any other procedure provided in this Section, the Board is empowered and directed to enforce, and prevent violations of paragraph (2) of subsection (a) of Section 6 as follows.\n(1) Upon the failure or refusal of a TNC to timely submit the list to the Board required by Section 9, the Board shall promptly issue a complaint charging the TNC with an unfair work practice and, through the Attorney General, petition a court of competent jurisdiction for temporary relief to compel production of the list, consistent with the procedures in subsection (i), except that the Board shall have a mandatory, nondiscretionary duty to seek injunctive relief. The Board shall be represented in the action by the Attorney General in accordance with the Attorney General Act. In the case of a TNC's failure to provide the list to the Board required by Section 9, immediate and irreparable injury, loss, or damage shall be presumed.\n(2) In addition to any other remedy provided by this Act, a TNC found to have committed an unfair work practice in violation of paragraph (2) of subsection (a) of Section 6 shall be subject to a civil penalty, payable to the Board, not to exceed $10,000 per day for each day after the deadline that the list was not provided. The amount of the penalty shall be determined by the Board through application of the following criteria: (i) the size of the TNC; (ii) the severity of the violation; and (iii) any history of violations by the TNC. A TNC found to have committed an unfair work practice in violation of paragraph (2) of subsection (a) of Section 6 shall also be required by the Board to pay the Board's or charging party's attorney's fees and costs for any court proceeding initiated by the Board or charging party to compel production of the list.","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":"4e3a338ff6f78f8116399653e19b682593aa3f14469840ab2ab2780b14522471","source_id":"us-il","stale":false,"prev":"us-il/820-ilcs-14-6","next":"us-il/820-ilcs-14-8"},"notice":"GroundRules: Original legal text. Not legal advice."}