HB1079sam001 94TH GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 5/13/2005

09400HB1079sam001 LRB094 06722 LCB 46184 a

AMENDMENT TO HOUSE BILL 1079

AMENDMENT NO. ______. Amend House Bill 1079 by replacing everything after the enacting clause with the following:

"Section 5. The Code of Civil Procedure is amended by adding Section 8-803.5 as follows:

(735 ILCS 5/8-803.5 new)

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

(a) Except when required or allowed 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 proceeding, the content of any oral or written statement made by the bargaining unit member to the union agent for the purpose of enabling the union agent to defend the bargaining unit member from potential disciplinary action or for the purpose of representing the bargaining unit member in a step of a contractual grievance procedure.

(b) Subsection (a) of this Section shall not apply in the following circumstance, and a union agent may use or reveal statements otherwise covered by subsection (a):

(1) to the extent it appears necessary to prevent the commission of a crime codified in federal or State law;

(2) in actions, civil or criminal, against the union agent in his or her personal or official representative capacity, or against the local or international union or any agent thereof in their personal or official representative capacities;

(3) when required by order of the court, administrative board, or agency arbitrator, in the interest of achieving justice in the matter;

(4) when, after full disclosure has been provided, the expressed and written consent of the bargaining unit member has been obtained; or

(5) when the bargaining unit member testifies in the court or administrative board or agency arbitration or proceeding, and his or her testimony contradicts a statement or statements made by the bargaining unit member to the union agent and constitutes perjury.

(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.

(d) As used in this Section, the term "union agent" refers only to a formally elected or appointed representative of the Union who has primary responsibility for representing the employee at the time the oral or written statement is made.".