Sec. 8-803.5. Union agent and union member.

283 words·~1 min read·/il/chapter-735/act-5/8-803-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except when required in subsection

(b)of this Section, a union agent, during the agency or representative relationship or after termination of the agency or representative relationship with the bargaining unit member, shall not be compelled to disclose, in any court or to any administrative board or agency arbitration or proceeding, whether civil or criminal, any information he or she may have acquired in attending to his or her professional duties or while acting in his or her representative capacity.

(b)A union agent may use or reveal information obtained during the course of fulfilling his or her professional representative duties:

(1)to the extent it appears necessary to prevent the commission of a crime that is

likely to result in a clear, imminent risk of serious physical injury or death of another person;

(2)in actions, civil or criminal, against the union agent in his or her personal or

official representative capacity, or against the local union or subordinate body thereof or international union or affiliated or subordinate body thereof or any agent thereof in their personal or official representative capacities;

(3)when required by court order; or

(4)when, after full disclosure has been provided, the written or oral consent of the

bargaining unit member has been obtained or, if the bargaining unit member is deceased or has been adjudged incompetent by a court of competent jurisdiction, the written or oral consent of the bargaining unit member's estate.

(c)In the event of a conflict between the application of this Section and any federal or State labor law to a specific situation, the provisions of the federal or State labor law shall control.