HB5090: PROCUREMENT-CONSTRUCTION

HB5090 Enrolled LRB104 20486 HLH 33958 b 1 AN ACT concerning State government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Transportation Network Driver Labor Relations Act. 6 Section 2. Findings; legislative intent; construction. 7 (a) The General Assembly finds that the growing rate of 8 technological advancement has fundamentally altered the way 9 that many people work within this State in the transportation 10 sector, in which companies connect, through an online 11 application, persons seeking passenger transportation services 12 to persons willing to supply those transportation services. 13 These persons willing to supply those transportation services, 14 known as transportation network drivers, often suffer poor 15 pay, inadequate health coverage, and lack of other benefits. 16 It is hereby declared that the best interests of the people of 17 this State are served by providing transportation network 18 drivers the opportunity to self-organize, designate 19 representatives of their own choosing, and bargain 20 collectively on a sectoral basis in order to obtain 21 sustainable wages, benefits, and working conditions, subject 22 to approval and ongoing supervision by the State. It is 23 further declared that the best interests of the people of this HB5090 Enrolled - 2 - LRB104 20486 HLH 33958 b 1 State are served by the prevention or prompt resolution of 2 disputes between transportation network companies and the 3 transportation network drivers who supply the labor to 4 effectuate those services through collective bargaining on a 5 sectoral basis, subject to approval and ongoing supervision by 6 the State. This Act shall be deemed an exercise of the police 7 power of the State for the protection of the public welfare, 8 prosperity, health, and peace of the people of the State, and 9 shall be liberally construed for the accomplishment of its 10 purposes. 11 (b) The General Assembly finds that it is in the public 12 policy interests of the State to displace competition with 13 regulation of the terms and conditions of work for 14 transportation network drivers; and, consistent with this 15 policy, to exempt from federal and State antitrust laws any 16 conduct authorized under this Act, including the formation of 17 transportation network driver organizations and multi-company 18 associations for the purposes of collective bargaining on a 19 sectoral basis between transportation network companies and 20 transportation network drivers on an industry-wide basis, and 21 to supervise, evaluate, and if approved, implement the 22 resulting sectoral agreements concerning industry regulations 23 for the terms and conditions of work for all transportation 24 network drivers in an industry when such sectoral agreements 25 are found by the Department of Labor to advance the public 26 purposes stated in this Section and are then made binding, HB5090 Enrolled - 3 - LRB104 20486 HLH 33958 b 1 regardless of the anticompetitive consequences. 2 (c) It is the intent and policy of the State: 3 (1) To grant transportation network drivers the right 4 to form, join, or assist transportation network driver 5 organizations, to be represented through representatives 6 of their own choosing, and to engage in other concerted 7 activities for the purpose of bargaining with 8 transportation network companies and to create negotiated 9 recommendations in the form of a sectoral agreement, which 10 shall form the basis for industry regulations, and for the 11 purpose of other mutual aid or protection; and 12 (2) To grant transportation network companies the 13 right to form multi-company associations to represent the 14 transportation network companies while bargaining with a 15 transportation network driver organization to create 16 negotiated recommendations in the form of a sectoral 17 agreement, which shall form the basis for industry 18 regulations. 19 (d) The intent and policy of the State is for the statutory 20 and non-statutory labor exemptions from the federal antitrust 21 laws and analogous State laws to apply to transportation 22 network drivers who choose to form, join, or assist labor 23 organizations in labor activity, to transportation network 24 driver organizations who organize and represent such drivers, 25 and to transportation network companies who may choose to form 26 an industry association to negotiate on their behalf or HB5090 Enrolled - 4 - LRB104 20486 HLH 33958 b 1 otherwise engage in labor activity permitted by this Act. 2 (e) The intent and policy of the State in authorizing and 3 regulating transportation network companies, transportation 4 network drivers engaging in labor activity, and transportation 5 network driver organizations, permitted by this Act, is that 6 state action immunity apply to this Act, including the 7 sectoral agreement approved by the Department of Labor, and 8 that such transportation network companies, transportation 9 network drivers, and transportation network driver 10 organizations be immune from the federal and State antitrust 11 laws to the fullest extent possible in their conduct pursuant 12 to this Act. 13 (f) The State shall actively supervise the qualified labor 14 activity permitted by this Act conducted by transportation 15 network companies, transportation network drivers, and 16 transportation network driver organizations pursuant to this 17 Act to ensure that the conduct permitted by this Act protects 18 the rights of workers and companies, encourages collective 19 bargaining on a sectoral basis and labor peace, and otherwise 20 advances the purposes of this Act. 21 Section 3. Definitions. As used in this Act: 22 "Active transportation network driver" and "active TND" 23 means a transportation network driver designated under the 24 process established in Section 8. 25 "Bargaining unit" means one statewide unit of all of the HB5090 Enrolled - 5 - LRB104 20486 HLH 33958 b 1 transportation network drivers performing transportation 2 network company services on a covered transportation network 3 company. 4 "Board" means the State Panel of the Illinois Labor 5 Relations Board created by Section 5 of the Illinois Public 6 Labor Relations Act. 7 "Company union" means any committee, driver representation 8 plan, or association of workers or others that exists for the 9 purpose, in whole or in part, of dealing with TNCs concerning 10 grievances or terms and conditions of work for TNDs: (i) which 11 a TNC has initiated or created or whose initiation or creation 12 it has suggested or participated in; (ii) which a TNC 13 participates in, supervises, or conducts the formulation of 14 governing rules or policies, management, operations, or 15 elections; or (iii) which the TNC maintains, finances, 16 controls, dominates, or assists in maintaining or financing, 17 unless required to do so by this Act, its implementing rules, 18 or any other legal requirement. 19 A TNC driver organization shall not be deemed a company 20 union solely because any of the following are true: 21 (1) It has negotiated or been granted the right to 22 designate TNC drivers to be released with pay for the 23 purpose of providing representational services in 24 labor-management affairs on behalf of TNC drivers 25 represented by the TNC driver organization. 26 (2) In the course of providing representational HB5090 Enrolled - 6 - LRB104 20486 HLH 33958 b 1 services to workers for whom it is the exclusive 2 bargaining representative, a TNC has allowed agents of the 3 TNC driver organization to meet with drivers at the TNC's 4 premises or communicate with TNDs via the TNC's platform. 5 (3) It has received from a TNC the voluntary 6 membership dues deductions of TNC drivers or the TNC has 7 processed or transmitted membership dues in accordance 8 with paragraph (5) of subsection (e) of Section 10. 9 (4) It has received funds from a TNC for the 10 administration of benefits and services to TNC drivers 11 pursuant to a sectoral agreement in its capacity as the 12 exclusive bargaining representative. 13 (5) It has negotiated with a TNC, before or after 14 certification as the exclusive bargaining representative, 15 for the right and requisite resources to communicate or 16 meet with TNDs for any purpose permitted under this Act, 17 including via the TNC's platform. 18 (6) It has communicated with a TNC, it has received 19 data, driver information, or meeting space from a TNC, or 20 a TNC has facilitated any communication between TNDs and 21 the TND organization, prior to or after any certification. 22 "Covered transportation network company" and "covered TNC" 23 means a transportation network company designated under the 24 process established in Section 9. 25 "Department" means the Department of Labor. 26 "Exclusive bargaining representative" means a TND HB5090 Enrolled - 7 - LRB104 20486 HLH 33958 b 1 organization certified by the Board, in accordance with this 2 Act, as the representative of TNDs in the bargaining unit. 3 "Mandatory subjects of bargaining" means those subjects of 4 bargaining related to compensation, benefits, and other terms 5 and conditions of work, including, but not limited to, 6 deactivations, deactivation notice and process standards, 7 dispute resolution procedures for resolving claims alleging 8 unjust deactivation, and earnings transparency. 9 "Person" includes one or more individuals, TNDs, TND 10 organizations, TNCs, network companies, labor organizations, 11 associations, corporations, legal representatives, trustees, 12 trustees in bankruptcy, or receivers. 13 "Sectoral agreement" means the recommendations to the 14 Department for TND standards in the bargaining unit made 15 either through the agreement between the exclusive bargaining 16 representative and the covered TNCs or through the interest 17 arbitration process, set forth in Section 12. The sectoral 18 agreement becomes effective and enforceable upon approval by 19 the Department. 20 "Transportation network company" and "TNC" means an entity 21 operating in the State that uses a digital network or software 22 application service to connect passengers to transportation 23 network company services provided by transportation network 24 drivers. For the purposes of this paragraph, all digital 25 networks or software application services that any related 26 corporate entities under common control maintain shall be HB5090 Enrolled - 8 - LRB104 20486 HLH 33958 b 1 considered a single TNC. A TNC is not deemed to own, control, 2 operate, or manage the vehicles used by transportation network 3 drivers, and is not a taxicab association or a for-hire 4 vehicle owner. 5 "Transportation network company services" and "TNC 6 services" means transportation of a passenger between points 7 chosen by the passenger and prearranged with a transportation 8 network driver through the use of a TNC digital network or 9 software application. "Transportation network company 10 services" and "TNC services" do not include a taxicab, 11 for-hire vehicle, or street hail service. 12 "Transportation network driver", "transportation network 13 company driver", "TNC driver", and "TND" means an individual 14 who operates a motor vehicle that: (i) is owned, leased, or 15 otherwise authorized for use by the individual; (ii) is not a 16 taxicab or for-hire public passenger vehicle; (iii) is used to 17 provide transportation network company services; and (iv) 18 operates under the TNC license of the TNC. "Transportation 19 network driver", "transportation network company driver", "TNC 20 driver", and "TND" do not include any individual who, with 21 respect to the provision of TNC services is: (i) determined by 22 a final order of a court of competent jurisdiction to be an 23 employee within the meaning of Section 2(3) of the National 24 Labor Relations Act, 29 U.S.C. 152(3), or within the meaning 25 of 26 CFR 31.3121(d)-1 or 31.3401(c)-1; or (ii) declared by a 26 TNC to be an employee within the meaning of Section 2(3) of the HB5090 Enrolled - 9 - LRB104 20486 HLH 33958 b 1 National Labor Relations Act, 29 U.S.C. 152(3) and within the 2 meaning of 26 CFR 31.3121(d)-1 or 31.3401(c)-1. 3 "Transportation network driver organization" and "TND 4 organization" means any organization in which TNDs 5 participate, and that exists and is constituted for the 6 purpose, in whole or in part, of collective bargaining, or of 7 dealing with transportation network companies concerning 8 grievances, terms or conditions of work, or of other mutual 9 aid or protection, deactivation appeal assistance, education, 10 or other representational or support services to 11 transportation network drivers for rights conferred under this 12 Act, and that is not a company union. 13 "Unfair work practices" means only those unfair work 14 practices set forth in Section 6. 15 Section 4. Powers of the Board. The Board shall have 16 jurisdiction over unfair work practices and collective 17 bargaining matters between transportation network companies 18 and transportation network driver organizations, except for 19 the determinations to be made by the Department under this 20 Act. The Board may contract with a neutral body to provide any 21 of the data or information collection, storage, management, 22 manipulation, analysis, certification, and election services 23 required under this Act. Any such neutral body shall be 24 subject to the requirements of the Personal Information 25 Protection Act and rules adopted under subsection (c) of HB5090 Enrolled - 10 - LRB104 20486 HLH 33958 b 1 Section 16. The Board may also contract for court reporting 2 services for any of the hearings required under this Act. To 3 the extent provided for in paragraph (28) of subsection (b) of 4 Section 1-10 of the Illinois Procurement Code, contracts for a 5 neutral body or for court reporting services under this Act 6 shall be exempt from the Illinois Procurement Code. 7 Section 4.5. Powers of the Department of Labor. The 8 Department shall have jurisdiction to approve or disapprove 9 sectoral agreements as provided in Section 12. 10 Section 5. Rights of TNDs. Transportation network drivers 11 shall have the right of self-organization, to form, join, or 12 assist TND organizations, to bargain collectively through 13 representatives of the TND's choosing, and to engage in 14 concerted activities, for the purpose of collective bargaining 15 or other mutual aid or protection, free from interference, 16 restraint, or coercion by TNCs, and shall also have the right 17 to refrain from any of these activities. Nothing contained in 18 this Act shall be interpreted to prohibit TNDs from exercising 19 the right to confer with TNCs at any time, provided that during 20 the conference there is no attempt by the TNC, directly or 21 indirectly, to interfere with, restrain, or coerce the workers 22 in the exercise of the rights guaranteed by this Act. 23 Section 6. Unfair work practices. HB5090 Enrolled - 11 - LRB104 20486 HLH 33958 b 1 (a) It is an unfair work practice for a TNC to: 2 (1) Fail or refuse to provide the Board or a TND 3 organization with an accurate list of the names, trips 4 made, and contact information for TNDs, as required by 5 this Act. 6 (2) Fail or refuse to submit the list to the Board 7 required by Section 9. 8 (3) Fail or refuse to negotiate in good faith with a 9 TND organization certified as an exclusive bargaining 10 representative of TNDs engaged with the TNC, concerning 11 mandatory subjects of bargaining. 12 (4) Fail or refuse to provide a TND organization, 13 certified as an exclusive bargaining representative of 14 TNDs engaged with the TNC, with information requested by 15 the TND organization that is relevant to, and necessary 16 for, purposes of bargaining and the performance of its 17 other duties required by this Act. 18 (5) Fail or refuse to continue all the terms of a 19 sectoral agreement approved by the Department under this 20 Act until a new sectoral agreement is approved, unless in 21 accordance with a recognized exception under the law. 22 (6) Dominate or interfere with the formation, 23 existence, or administration of any TND organization, or 24 to contribute financial or other support to any such 25 organization, directly or indirectly, unless required by 26 this Act, by any rules implementing this Act, or by any HB5090 Enrolled - 12 - LRB104 20486 HLH 33958 b 1 sectoral agreement approved by the Department, including, 2 but not limited to, the following: 3 (i) by participating or assisting in, supervising, 4 or controlling (A) the initiation or creation of any 5 such organization or (B) the meetings, management, 6 operation, elections, formulation or amendment of 7 constitution, rules, or policies, of any such 8 organization; 9 (ii) by offering incentives to TNDs to join any 10 such organization; or 11 (iii) by donating free services, equipment, 12 materials, office or meeting space or anything else of 13 value for the use of any such organization; provided 14 that a TNC may permit TNDs to perform representational 15 work protected under this Act during working hours 16 without loss of time or pay or allow agents of a TND 17 organization that is the exclusive representative of 18 its TNDs to meet with TNDs on its premises or 19 communicate with TNDs via the TNC's platform; and 20 provided further that any activity permitted to be 21 performed or conducted by a TNC with respect to a TND 22 by paragraphs (1) through (6) of the definition of 23 "company union" in Section 3 shall not be deemed an 24 unfair work practice under this paragraph. 25 (7) Require a TND to join any company union or TND 26 organization or to require a TND to refrain from forming, HB5090 Enrolled - 13 - LRB104 20486 HLH 33958 b 1 or joining or assisting a TND organization of the TND's 2 choosing. 3 (8) Encourage membership in any company union or 4 discourage membership in any TND organization, by 5 discrimination in regard to any term or condition of work. 6 (9) Deactivate or otherwise discriminate against a TND 7 because the TND has signed or filed any charge, affidavit, 8 petition, or complaint or given any information or 9 testimony under this Act. 10 (10) Distribute or circulate any blacklist of 11 individuals exercising any right created or confirmed by 12 this Act or of members of a TND organization, or to inform 13 any person of the exercise by any individual of the right 14 or of the membership of any individual in a TND 15 organization for the purpose of preventing individuals so 16 blacklisted or so named from obtaining or retaining 17 opportunities for remuneration. 18 (11) Perform any acts, other than those already 19 enumerated in this Section, which interfere with, 20 restrain, or coerce TNDs in the exercise of the rights 21 guaranteed by this Act. 22 (b) It is an unfair work practice for a TND organization 23 to: 24 (1) Fail or refuse to negotiate in good faith with a 25 TNC concerning mandatory subjects of bargaining, provided 26 that the TND organization is the certified exclusive HB5090 Enrolled - 14 - LRB104 20486 HLH 33958 b 1 bargaining representative of the TNC's transportation 2 network drivers, including by refusing to provide 3 information requested by a TNC that is relevant and 4 necessary for the purposes of bargaining and the 5 performance of its other duties required by this Act. 6 (2) Restrain or coerce TNDs in the exercise of the 7 rights guaranteed by this Act, provided that this 8 paragraph shall not impair the right of a TND organization 9 to prescribe its own rules with respect to the acquisition 10 or retention of membership in the organization. 11 (3) Fail or refuse to fulfill its duty of fair 12 representation by intentional misconduct in representing 13 TNDs where it is the certified exclusive bargaining 14 representative. 15 (4) Restrain or coerce a TNC in the selection of its 16 representatives for the purpose of bargaining or the 17 adjustment of grievances. 18 (5) Cause or attempt to cause a TNC to discriminate 19 against a TND in violation of paragraph (9) of subsection 20 (a) of this Section. 21 (c) For the purposes of this Section, "to negotiate in 22 good faith" means the performance of the mutual obligation of 23 the transportation network companies or their agents or 24 representatives and the exclusive bargaining representative to 25 meet at reasonable times and negotiate in good faith with 26 respect to mandatory subjects of bargaining, or the HB5090 Enrolled - 15 - LRB104 20486 HLH 33958 b 1 negotiation of a sectoral agreement under Section 12, or any 2 question arising thereunder, and to execute a written contract 3 incorporating any agreement reached if requested by either 4 party. However, this mutual obligation does not compel the 5 transportation network companies or the exclusive bargaining 6 representative to agree to a proposal or require the making of 7 a concession. 8 Section 7. Prevention of unfair work practices. 9 (a) The Board is empowered and directed to prevent any TNC 10 and any TND organization from engaging in any unfair work 11 practice described in this Act. This power shall not be 12 affected or impaired by any means of adjustment, mediation, or 13 conciliation in labor disputes that have been or may hereafter 14 be established by law or the approval of a sectoral agreement 15 provided for in subsection (i) of Section 12. In order to 16 prevent unfair work practices, each TNC shall, at least once 17 each year, send a text message and an email to each of its 18 active TNDs in a form determined by the Board notifying the 19 TNDs of their rights under this Act, and the procedure for 20 filing an unfair work practice charge. The TNC shall provide 21 the notice in all languages that the Board determines are 22 likely spoken by 5% or more of TNC drivers. The Board shall 23 also post a copy of this notice on its website. 24 (b) No complaint shall issue based upon any unfair work 25 practice occurring more than 6 months prior to the filing of a HB5090 Enrolled - 16 - LRB104 20486 HLH 33958 b 1 charge with the Board and the service of a copy upon the person 2 against whom the charge is made. Notwithstanding the 3 provisions of this subsection, if the aggrieved party did not 4 reasonably have knowledge of the alleged unfair work practice, 5 the 6-month filing and service period shall begin to run when 6 the charging party knew, or reasonably should have known, of 7 the actions which constitute the alleged unfair work practice. 8 (c) Whenever it is charged that any person has engaged in, 9 or is engaging in, any unfair work practice, the Board, or any 10 agent designated by the Board for the purposes, shall conduct 11 an investigation of the charge. If, after the investigation, 12 the Board finds that the charge involves a dispositive issue 13 of law or fact, the Board shall issue a complaint and cause to 14 be served upon the person the complaint stating the charges, 15 accompanied by a notice of hearing before the Board or a member 16 designated by the Board, or before a qualified hearing officer 17 designated by the Board at the offices of the Board or the 18 other location as the Board deems appropriate, not less than 5 19 days after service of the complaint. Any such complaint may be 20 amended by the member or hearing officer conducting the 21 hearing for the Board in his or her discretion at any time 22 prior to the issuance of an order based thereon. The person who 23 is the subject of the complaint has the right to file an answer 24 to the original or amended complaint and to appear in person or 25 by a representative and give testimony at the place and time 26 fixed in the complaint. In the discretion of the member or HB5090 Enrolled - 17 - LRB104 20486 HLH 33958 b 1 hearing officer conducting the hearing or the Board, any other 2 person may be allowed to intervene in the proceeding and to 3 present testimony. In any hearing conducted by the Board, 4 neither the Board nor the member or agent conducting the 5 hearing shall be bound by the rules of evidence applicable to 6 courts, except as to the rules of privilege recognized by law. 7 (d) The Board shall have the power to issue subpoenas and 8 administer oaths. If any party willfully fails or neglects to 9 appear or testify or to produce books, papers, and records 10 pursuant to the issuance of a subpoena by the Board, the Board 11 may apply to a court of competent jurisdiction to request that 12 the party be ordered to appear before the Board to testify or 13 produce the requested evidence. 14 (e) Any testimony taken by the Board, or a member 15 designated by the Board or a hearing officer, must be reduced 16 to writing and filed with the Board. A full and complete record 17 shall be kept of all proceedings before the Board, and all 18 proceedings shall be transcribed by a reporter appointed by 19 the Board. The party on whom the burden of proof rests shall be 20 required to sustain the burden by a preponderance of the 21 evidence, and the charging party shall have the burden of 22 proving the unfair work practice accordingly. If, upon a 23 preponderance of the evidence taken, the Board is of the 24 opinion that any person named in the charge has engaged in or 25 is engaging in an unfair work practice, then it shall state its 26 findings of fact and shall issue and cause to be served upon HB5090 Enrolled - 18 - LRB104 20486 HLH 33958 b 1 the person an order requiring the person to cease and desist 2 from the unfair work practice, and to take the affirmative 3 action as will effectuate the provisions of this Act, 4 including, but not limited to: (i) withdrawal of recognition 5 from and refraining from sectoral bargaining with any 6 organization or association, agency, or plan that is either 7 defined in this Act as a company union or established, 8 maintained, or assisted by any action defined in this Act as an 9 unfair work practice; (ii) awarding of back compensation 10 without any reduction based on the TND's interim earnings or 11 failure to earn interim earnings and, upon a showing of 12 egregious misconduct, an additional amount as liquidated 13 damages equal to 2 times the amount of back compensation 14 awarded; (iii) requiring reengagement or reestablishment of 15 the TNC's preexisting relationship with an improperly 16 adversely affected TND with or without compensation, or 17 maintenance of a preferential list from which the TND shall be 18 reengaged or the relationship reestablished, and the order may 19 further require the respondent to make reports from time to 20 time showing the extent to which the order has been complied 21 with; (iv) requiring the TNC to recognize and bargain with a 22 TND organization if the Board determines that the unfair work 23 practice interfered with the TND's right to form or join a TND 24 organization; and (v) requiring the respondent to comply with 25 any other obligation of this Act. The Board's order may in its 26 discretion also include an appropriate sanction, based on the HB5090 Enrolled - 19 - LRB104 20486 HLH 33958 b 1 Board's rules, and the sanction may include an order to pay the 2 other party or parties' reasonable expenses, including costs 3 and reasonable attorney's fees, if the other party has made 4 allegations or denials without reasonable cause and found to 5 be untrue or has engaged in frivolous litigation for the 6 purpose of delay or needless increase in the cost of 7 litigation. If the Board awards back compensation, damages, or 8 monetary sanction, it shall also award interest at the rate of 9 7% per annum. The Board's order may further require the person 10 to make reports from time to time, and demonstrate the extent 11 to which the person has complied with the order. If there is no 12 preponderance of evidence to indicate to the Board that the 13 person named in the charge has engaged in or is engaging in the 14 unfair work practice, then the Board shall state its findings 15 of fact and shall issue an order dismissing the complaint. 16 (f) Until the record in a case has been filed in court, the 17 Board at any time, upon reasonable notice and in a manner as it 18 deems proper, may modify or set aside, in whole or in part, any 19 finding or order made or issued by it. 20 (g) A charging party or any person aggrieved by a final 21 order of the Board granting or denying in whole or in part the 22 relief sought may apply for and obtain judicial review of an 23 order of the Board entered under this Act, in accordance with 24 the provisions of the Administrative Review Law, except that 25 judicial review shall be afforded directly in the Appellate 26 Court for the district in which the aggrieved party resides or HB5090 Enrolled - 20 - LRB104 20486 HLH 33958 b 1 transacts business, and judicial review shall not be available 2 for the purpose of challenging a final order issued by the 3 Board under Section 10 for which judicial review has been 4 petitioned in accordance with subsection (f) of Section 10. 5 Any direct appeal to the Appellate Court shall be filed within 6 35 days after the date that a copy of the decision sought to be 7 reviewed was served upon the party affected by the decision. 8 The filing of an appeal to the Appellate Court shall not 9 automatically stay the enforcement of the Board's order. An 10 aggrieved party may apply to the Appellate Court for a stay of 11 the enforcement of the Board's order after the aggrieved party 12 has followed the procedure prescribed by Supreme Court Rule 13 335. The Board in proceedings under this Section shall request 14 and may obtain an order of the court for the enforcement of the 15 Board's order. 16 (h) Whenever it appears that any person has violated a 17 final order of the Board issued under this Section, the Board 18 must commence an action in the name of the People of the State 19 of Illinois by petition, alleging the violation, attaching a 20 copy of the order of the Board, and praying for the issuance of 21 an order directing the person, the person's officers, agents, 22 servants, successors, and assigns to comply with the order of 23 the Board. The Board shall be represented in this action by the 24 Attorney General in accordance with the Attorney General Act. 25 The court may grant or refuse, in whole or in part, the relief 26 sought, provided that the court may stay an order of the Board HB5090 Enrolled - 21 - LRB104 20486 HLH 33958 b 1 in accordance with the Administrative Review Law, pending 2 disposition of the proceedings. The court may punish a 3 violation of its order as in civil contempt. The proceedings 4 provided in this paragraph shall be commenced in the Appellate 5 Court for the district where the unfair work practice which is 6 the subject of the Board's order was committed, or where a 7 person required to cease and desist by the order resides or 8 transacts business. In case of the enforcement of an order of 9 the Board, the Appellate Court shall have the power to issue 10 any injunctive or equitable remedy it finds appropriate, and 11 in the case of a Board order which requires the payment of 12 money, the Appellate Court shall have the power to enter 13 judgment for the amount justified by the record and for costs, 14 which judgment may be enforced as other judgments for the 15 recovery of money. 16 (i)(1) A party filing an unfair work practice charge under 17 this Section may petition the Board to obtain injunctive 18 relief, pending a decision on the merits of the charge by the 19 Board, a member designated by the Board, or a hearing officer 20 designated by the Board, upon a showing that: (i) it is likely 21 to succeed on the merits; (ii) it is likely to suffer 22 irreparable harm in the absence of preliminary relief; (iii) 23 the balance of equities tips in its favor; and (iv) an 24 injunction is in the public interest. The immediate and 25 irreparable harm may include the chilling of TNDs in the 26 exercise of rights provided or protected by this Act. HB5090 Enrolled - 22 - LRB104 20486 HLH 33958 b 1 (2) Within 60 days after the receipt by the Board of the 2 petition for injunctive relief, if the Board determines that a 3 charging party has made a sufficient showing in accordance 4 with paragraph (1), the Board, through the Attorney General, 5 shall petition the circuit court where the alleged unfair work 6 practice was allegedly committed, or where a person required 7 to cease and desist from the alleged unfair work practice 8 resides or transacts business, for appropriate temporary 9 relief or restraining order. The Board shall be represented in 10 the action by the Attorney General in accordance with the 11 Attorney General Act. If the Board fails to act within 60 days, 12 the Board shall be deemed to have made a final order 13 determining not to seek injunctive relief. If the Board 14 determines not to seek injunctive relief, or if the Board, 15 through the Attorney General, does not petition the circuit 16 court for injunctive relief within 60 days after the filing of 17 the charging party's petition with the Board, the charging 18 party may seek injunctive relief by petition to the circuit 19 court, in which case the Board must be joined as a necessary 20 party. 21 (3) Upon the filing of any petition for injunctive relief 22 as provided in the preceding paragraph, the injunctive relief 23 may be granted by the court, after hearing all parties, if it 24 determines that there is a sufficient showing under paragraph 25 (1). The relief shall expire on decision by the Board, a member 26 designated by the Board, or a hearing officer designated by HB5090 Enrolled - 23 - LRB104 20486 HLH 33958 b 1 the Board finding no unfair work practice to have occurred, 2 successful appeal of the grant of injunctive relief, or 3 successful motion to vacate or modify the injunctive relief 4 under the Code of Civil Procedure. Any injunctive relief in 5 effect pending a decision by the Board (i) shall expire upon a 6 decision by the Board finding no unfair work practice to have 7 occurred, of which the Board shall notify the court 8 immediately, or (ii) shall remain in effect only to the extent 9 it implements any remedial order issued by the Board in its 10 decision, of which the Board shall notify the court 11 immediately. 12 (4) A decision on the merits of the unfair work practice 13 charge by the Board finding an unfair work practice to have 14 occurred shall continue the injunctive relief until either (i) 15 the respondent implements the remedy or (ii) the Board's order 16 is set aside in an action for review of the Board's order under 17 the Administrative Review Law as set forth in subsection (g). 18 (5) The appeal of any order granting, denying, modifying, 19 or vacating injunctive relief ordered by the court under this 20 subsection shall be made in accordance with the Code of Civil 21 Procedure and Supreme Court Rules. 22 (6) The Board or, where applicable, the charging party, 23 shall not be required to give any undertakings or bond and 24 shall not be liable for any damages or costs which may have 25 been sustained by reason of any injunctive relief ordered. In 26 the case of a TNC's failure to provide an accurate list of HB5090 Enrolled - 24 - LRB104 20486 HLH 33958 b 1 names, mobile phone numbers, email addresses, and mailing 2 addresses of TNDs, immediate and irreparable injury, loss, or 3 damage shall be presumed. 4 (j) In addition to, and without limiting, any other 5 procedure provided in this Section, the Board is empowered and 6 directed to enforce, and prevent violations of paragraph (2) 7 of subsection (a) of Section 6 as follows. 8 (1) Upon the failure or refusal of a TNC to timely 9 submit the list to the Board required by Section 9, the 10 Board shall promptly issue a complaint charging the TNC 11 with an unfair work practice and, through the Attorney 12 General, petition a court of competent jurisdiction for 13 temporary relief to compel production of the list, 14 consistent with the procedures in subsection (i), except 15 that the Board shall have a mandatory, nondiscretionary 16 duty to seek injunctive relief. The Board shall be 17 represented in the action by the Attorney General in 18 accordance with the Attorney General Act. In the case of a 19 TNC's failure to provide the list to the Board required by 20 Section 9, immediate and irreparable injury, loss, or 21 damage shall be presumed. 22 (2) In addition to any other remedy provided by this 23 Act, a TNC found to have committed an unfair work practice 24 in violation of paragraph (2) of subsection (a) of Section 25 6 shall be subject to a civil penalty, payable to the 26 Board, not to exceed $10,000 per day for each day after the HB5090 Enrolled - 25 - LRB104 20486 HLH 33958 b 1 deadline that the list was not provided. The amount of the 2 penalty shall be determined by the Board through 3 application of the following criteria: (i) the size of the 4 TNC; (ii) the severity of the violation; and (iii) any 5 history of violations by the TNC. A TNC found to have 6 committed an unfair work practice in violation of 7 paragraph (2) of subsection (a) of Section 6 shall also be 8 required by the Board to pay the Board's or charging 9 party's attorney's fees and costs for any court proceeding 10 initiated by the Board or charging party to compel 11 production of the list. 12 Section 8. Determination of active TNDs. 13 (a) Within 90 days after the effective date of this Act, 14 and once each calendar quarter thereafter, each covered 15 transportation network company shall provide the Board, in an 16 electronic format determined by the Board, with information 17 that identifies all transportation network drivers who 18 completed 10 or more rides that originate in the State on the 19 covered TNC's platform in the previous 6 months. 20 (b) Each covered TNC shall provide this information within 21 2 weeks after the end of each calendar quarter (by April 14 22 provide TND information from rides originating between October 23 1 and March 31, by July 14 provide TND information from rides 24 originating between January 1 and June 30, by October 14 25 provide TND information from rides originating between April 1 HB5090 Enrolled - 26 - LRB104 20486 HLH 33958 b 1 and September 30, by January 14 provide TND information from 2 rides originating between July 1 and December 31). 3 (c) The information shall include only the name of the 4 TND, the TND driver's license number, and to the extent known 5 by a TNC, the TND's mobile phone number, mailing address, 6 email address, preferred language, and the number of rides the 7 TND completed through the covered TNC's platform in the 8 previous 6 months. A TND organization may use the information 9 in the list only for the purposes authorized by this Act, and 10 shall not provide the information to any third party unless 11 that party is acting as the TND organization's agent for the 12 purposes authorized by this Act. A covered TNC shall not be 13 liable for any damages caused by the TND organization's or the 14 Board's failure to safeguard the list as provided in Section 15 16 from a data or security breach. 16 (d) Within 14 days after the deadline for submission of 17 the information from covered TNCs required in this Section, 18 the Board shall combine the data provided by all covered TNCs 19 to determine the distribution of the number of rides completed 20 by all TNDs for which data has been submitted, and then shall 21 determine the median number of rides across TNDs for whom data 22 has been submitted in the previous 6 months. Any TND who 23 completed greater than or equal to the median number of rides 24 shall be considered an active transportation network driver in 25 the rideshare industry. The Board shall make publicly 26 available both the total number of active transportation HB5090 Enrolled - 27 - LRB104 20486 HLH 33958 b 1 network drivers in the rideshare industry and the median 2 number of rides used to make that determination. The 3 information required to be provided to the Board in this 4 Section shall be produced in a manipulable electronic format, 5 such as a spreadsheet program consisting of cells organized by 6 lettered columns and numbered rows with each data point in a 7 separate cell that allows users to sort and perform 8 calculations and analysis. The Board may require that the 9 information be provided in a specified software program. The 10 records and information provided to the Board by 11 transportation network companies are exempt from disclosure 12 under the Freedom of Information Act. 13 Section 9. Determination of covered TNCs. 14 (a) Within 90 days after the effective date of this Act, 15 and within 2 weeks after the end of each calendar quarter, each 16 TNC shall electronically submit to the Board a single 17 statewide total of the rides performed during the prior 18 quarter by transportation network drivers on its 19 online-enabled application or platform. For the purposes of 20 this Section, all digital networks or software application 21 services that any related corporate entities under common 22 control maintain shall be considered a single TNC. 23 (b) The information required by subsection (a) shall be 24 produced in a manipulable electronic format, such as a 25 spreadsheet program consisting of cells organized by lettered HB5090 Enrolled - 28 - LRB104 20486 HLH 33958 b 1 columns and numbered rows with each data point in a separate 2 cell that allows users to sort and perform calculations and 3 analysis. The Board may require that the information be 4 provided in a specified software program. 5 (c) Within 14 days after the deadline set forth in 6 subsection (a), the Board shall designate the covered TNCs 7 through the following procedure. 8 (1) The Board shall total all rides reported under 9 subsection (a). 10 (2) The Board shall then rank all TNCs by rideshare 11 volume in descending order. The Board shall begin with the 12 highest ranked TNC and continue down the list until the 13 Board has identified the TNCs whose rides collectively 14 equal or exceed 95% of the statewide total for the 15 preceding quarter. These TNCs shall be deemed covered TNCs 16 for the purposes of this Act. 17 (3) For the purposes of this Section, all TNCs under 18 common ownership or control shall be considered to be a 19 single TNC. The Board shall publish the list of covered 20 TNCs and noncovered TNCs and rideshare volume information 21 on its website. The Board shall notify each TNC as to 22 whether the TNC is a covered TNC. 23 (d) The failure of a TNC to submit the list required by 24 subsection (a) shall not prevent the Board from providing a 25 list of covered and noncovered TNCs to the extent the Board 26 concludes that the missing information cannot reasonably be HB5090 Enrolled - 29 - LRB104 20486 HLH 33958 b 1 expected to change whether those TNCs are covered or 2 noncovered TNCs. 3 (e) A TNC that was not a covered TNC when a sectoral 4 agreement took effect but whose rideshare volume in a later 5 quarter brings it within the 95% threshold identified in 6 paragraph (2) of subsection (c) shall become a covered TNC, 7 and be bound by all terms of the sectoral agreement 8 immediately. 9 (f) A TNC that becomes a covered TNC in accordance with 10 this Section shall remain a covered TNC for the remaining term 11 of a sectoral agreement. 12 (g) When a sectoral agreement is in effect, any TNC that is 13 not a covered TNC for the purposes of this Section may choose 14 to become bound to the sectoral agreement by providing written 15 notice to the Board, the certified exclusive bargaining 16 representative, and the covered TNCs. A TNC that chooses to 17 become bound to a sectoral agreement under this Section shall 18 be bound for the remaining term of the agreement. The TNC shall 19 not, on account of its exercise of the option provided by this 20 Section, become a covered TNC for the purposes of negotiation 21 of subsequent sectoral agreements or coverage by subsequent 22 sectoral agreements. 23 (h) It is unlawful for any TNC that is not a covered TNC or 24 voluntarily bound by the terms of the sectoral agreement as 25 provided by this Section to make any statement, advertisement, 26 or imply in any official communication that the TNC is bound by HB5090 Enrolled - 30 - LRB104 20486 HLH 33958 b 1 the terms of the sectoral agreement. 2 (i) During the time that a noncovered TNC is bound by the 3 terms of the sectoral agreement under this Section, the 4 certified exclusive bargaining representative shall represent 5 the TNC drivers who drive for the noncovered TNC for the 6 purposes of this Act. The noncovered TNC shall have the same 7 obligations as a covered TNC to provide information to the 8 Board necessary to administer this Act and to provide 9 information to the exclusive bargaining representative 10 necessary for representation of the TNC drivers. 11 Section 10. Designation of bargaining representatives. 12 (a) For the purposes of this Act, each TND performing TNC 13 services on a covered TNC shall be included in the bargaining 14 unit. 15 (b) A TND organization may demonstrate that it has been 16 designated as a bargaining representative by presenting to the 17 Board cards, petitions, or other evidence, which may be in 18 electronic form, sufficient to show the TND has authorized the 19 TND organization to act as the worker's bargaining 20 representative. A TND may demonstrate that TNDs do not wish to 21 be represented by a TND organization by presenting to the 22 Board cards, petitions, or other evidence, which may be in 23 electronic form, sufficient to show the TND does not authorize 24 any TND organization to act as the worker's exclusive 25 bargaining representative. The Board shall deem valid any such HB5090 Enrolled - 31 - LRB104 20486 HLH 33958 b 1 card, petition, or other evidence that includes (i) the 2 signature of the TND, (ii) the date of execution, (iii) a 3 statement indicating the TND's authorization of the TND 4 organization to act as the TND's exclusive bargaining 5 representative or alternatively the TND's wish to not be 6 represented by a TND organization, and (iv) the name of at 7 least one TNC for whom the TND performs services. No card, 8 petition, or other evidence of designation of bargaining 9 representative shall be deemed valid for the purposes of this 10 Section unless it was executed on or after the effective date 11 of this Act. In order to be valid, the card, petition, or other 12 evidence must have been executed by the TND within one year of 13 the date that the TND organization, or TND, submits the 14 evidence to the Board. The authorizations or designations of 15 representatives may be evidenced by electronic records or 16 electronic signatures as provided under Sections 7 and 8 of 17 the Uniform Electronic Transactions Act. The Board shall 18 accept electronic signatures as a means to support the 19 authorizations or designations of representatives where, as 20 with handwritten signatures, the electronic signature method 21 chosen by the party provides the Board with prima facie 22 evidence (1) that a TND has electronically signed a document 23 purporting to state the TND's views regarding representation 24 and (2) that the petitioner has accurately transmitted that 25 document to the Board. The authorizations or designations of 26 representative shall be presumed to be valid unless called HB5090 Enrolled - 32 - LRB104 20486 HLH 33958 b 1 into question by the presence of objective evidence. The Board 2 may adopt rules for verification of electronic signatures to 3 effectuate this Section consistent with the following: 4 (1) Submissions supported by electronic signature must 5 contain the following: (i) the signer's name; (ii) the 6 signer's email address or other known contact information, 7 such as a social media account; (iii) the signer's 8 telephone number; (iv) the authorization language to which 9 the signer has agreed; (v) the date the electronic 10 signature was submitted; and (vi) the name of at least one 11 TNC for whom the TND performs services. The Board shall 12 not require any additional TND identifying information to 13 be submitted for the signature and authorization to be 14 presumed valid. If the submission does not identify at 15 least one TNC for whom the TND performs services, then at 16 the time the submission is provided to the Board, the 17 petitioner may attest, in writing, that the TND currently 18 provides services for at least one identified TNC. 19 (2) A party submitting either electronic or digital 20 signatures must submit a declaration: (i) identifying what 21 electronic or digital signature technology was used and 22 explaining how its controls ensure that the electronic or 23 digital signature is that of the signatory TND and that 24 the TND signed the document; and (ii) that the 25 electronically transmitted information regarding what and 26 when the TNDs signed is the same information seen and HB5090 Enrolled - 33 - LRB104 20486 HLH 33958 b 1 signed by the TND. 2 (3) When the electronic signature technology being 3 used does not support digital signatures that can be 4 independently verified by a third party, the submitting 5 party must submit evidence that, after the electronic 6 signature was obtained, the submitting party promptly 7 transmitted a communication stating and confirming all the 8 information listed in paragraph (1) (the "Confirmation 9 Transmission"). The Confirmation Transmission must be sent 10 to an individual account, such as an email address, text 11 message via mobile phone, or social media account provided 12 by the signer. If any responses to the Confirmation 13 Transmission are received by the time of submission to the 14 Board, those responses must also be provi