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| 1 | AMENDMENT TO HOUSE BILL 1079
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| 2 | AMENDMENT NO. ______. Amend House Bill 1079 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Code of Civil Procedure is amended by | ||||||
| 5 | adding Section 8-803.5 as follows: | ||||||
| 6 | (735 ILCS 5/8-803.5 new) | ||||||
| 7 | Sec. 8-803.5. Union agent and union member. | ||||||
| 8 | (a) Except when required or allowed in subsection (b) of | ||||||
| 9 | this Section, a union agent, during the agency or | ||||||
| 10 | representative relationship or after termination of the agency | ||||||
| 11 | or representative relationship with the bargaining unit | ||||||
| 12 | member, shall not be compelled to disclose, in any court or to | ||||||
| 13 | any administrative board or agency proceeding, the content of | ||||||
| 14 | any oral or written statement made by the bargaining unit | ||||||
| 15 | member to the union agent for the purpose of enabling the union | ||||||
| 16 | agent to defend the bargaining unit member from potential | ||||||
| 17 | disciplinary action or for the purpose of representing the | ||||||
| 18 | bargaining unit member in a step of a contractual grievance | ||||||
| 19 | procedure. | ||||||
| 20 | (b) Subsection (a) of this Section shall not apply in the | ||||||
| 21 | following circumstance, and a union agent may use or reveal | ||||||
| 22 | statements otherwise covered by subsection (a):
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| 23 | (1) to the extent it appears necessary to prevent the | ||||||
| 24 | commission of a crime codified in federal or State law;
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| 1 | (2) in actions, civil or criminal, against the union | ||||||
| 2 | agent in his or her personal or official representative | ||||||
| 3 | capacity, or against the local or international union or | ||||||
| 4 | any agent thereof in their personal or official | ||||||
| 5 | representative capacities;
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| 6 | (3) when required by order of the court, administrative | ||||||
| 7 | board, or agency arbitrator, in the interest of achieving | ||||||
| 8 | justice in the matter;
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| 9 | (4) when, after full disclosure has been provided, the | ||||||
| 10 | expressed and written consent of the bargaining unit member | ||||||
| 11 | has been obtained; or
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| 12 | (5) when the bargaining unit member testifies in the | ||||||
| 13 | court or administrative board or agency arbitration or | ||||||
| 14 | proceeding, and his or her testimony contradicts a | ||||||
| 15 | statement or statements made by the bargaining unit member | ||||||
| 16 | to the union agent and constitutes perjury.
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| 17 | (c) In the event of a conflict between the application of | ||||||
| 18 | this Section and any federal or State labor law to a specific | ||||||
| 19 | situation, the provisions of the federal or State labor law | ||||||
| 20 | shall control. | ||||||
| 21 | (d) As used in this Section, the term "union agent" refers | ||||||
| 22 | only to a formally elected or appointed representative of the | ||||||
| 23 | Union who has primary responsibility for representing the | ||||||
| 24 | employee at the time the oral or written statement is made.".
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