Page 20 - August 2017

Union agent-union member privilege
Next to bargaining for a collective bargain- ing agreement, one of the union’s main roles is representing its membership in
the workplace, especially during pro- ceedings that can lead to discipline.
That has never been more important
than it is today, especially in the current climate in which Police Officers perform their jobs. The City wastes no time conduct-
ing investigations, oftentimes in a haphazard manner, leaving Police Officers vulnerable and uncertain as to how to proceed.
For many decades, a common practice or understand- ing existed, in both the private and public sectors, which accepted the role of a union’s agents in assisting members during these often stressful times. Lately, the relationship between a union agent and a member has come under attack. Fortunately, a recent Illinois statute creates a privi- lege between a union agent and a member, preventing an agent from being compelled to testify against the member about information learned in the scope of the agent’s pro- fessional duties while representing the member.
The Illinois law (735 ILCS 5/8-803.5(a), commonly known as the Union Agent and Union Member Privi-
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lege, provides:
Except when required in subsection (b) of this Section, a union agent, during the agency or representative relationship or after termina-
Lab Rep t
tion of the agency or representative relation- ship with the bargaining unit member, shall not be compelled to disclose, in any court or to any administrative board or agency, arbitration or pro- ceeding, 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.
Clearly, the nature of a union agent’s role almost always
necessitates a need to protect certain communications between union agents and their members. Think about it: When an officer is accused of any wrongdoing while at work, the first thing he or she does is contact a union rep- resentative. The role of a union agent is similar to that of an attorney, who should be able to provide counsel and advice freely, without the fear of having to turn over any
20 CHICAGO LODGE 7 ■ AUGUST 2017