Illinois takes a step in the right direction, but...
The State of Illinois has recently passed legislation purporting to make communications between union agents and the members they represent "privileged." Questions remain, however, on the scope and application of the new law. The new law is clearly a step in the right direction, but before employees rely on the "protections" afforded under the law, it is best to consider just how much protection is afforded. Additionally, when the FOP pursues legislation of this sort in other states, the lessons from Illinois' experience should be remembered.
The legislation, recently signed by Illinois Governor Rod Blagojevich, states that a union agent may not be compelled to disclose information that the agent acquired from a bargaining unit member to any court or administrative agency. However, as with all laws, there are exceptions. For example, if disclosure would prevent a death or the commission of a serious crime, the communication is not protected. Information received from the member is also not protected if he or she files a suit against the union or the agent.
Most notably, the statute provides that communications lose their privileged status "when required by court order." This last exception has led to harsh criticism of the new law. There is no limitation on when a court may order disclosure, and the act does not explain the circumstances under which a court could issue such an order. The act may also suffer from other infirmities. Are local unit officers ‘agents'? Can the union refuse to confirm matters that are already publicly known? What information is protected? This new law may not provide the claimed protection or necessarily create a confidential relationship.
The new law will become effective on January 1, 2006. It can be found at 735 ILCS 5/8-803.5.
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