(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.
8-803.5.Union agent and union member.
Article VIII. Evidence · Part 8. Privileged Communications · Last amended 2006 · Last verified July 20, 2026
In one sentenceA union agent generally cannot be compelled to disclose information learned while representing a bargaining unit member, subject to exceptions for imminent danger, related litigation, court order, or informed consent.
Full Text of 735 ILCS 5/8-803.5
(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.
Plain-English Summary
Section 8-803.5 protects the confidentiality of the union agent-member relationship. During or after the agency or representative relationship with a bargaining unit member, a union agent cannot be compelled to disclose, in any court or before any administrative board, agency, arbitration, or proceeding, civil or criminal, information acquired while attending to professional duties or acting in a representative capacity.
The statute lists four situations where a union agent may use or reveal that information. Disclosure is allowed to the extent necessary to prevent a crime likely to result in a clear, imminent risk of serious physical injury or death to another person; in civil or criminal actions against the union agent or the union itself, in their personal or official capacities; when a court orders it; or when the bargaining unit member (or, if deceased or adjudged incompetent, their estate) gives written or oral consent after full disclosure.
The section also addresses conflicts with other law: if applying this section would conflict with federal or state labor law in a specific situation, the labor law controls. That deference marks this privilege as operating within, rather than displacing, the broader framework of labor relations law.
Frequently Asked Questions
Can a union representative be forced to testify about what a member told them?
Generally no. Section 8-803.5 says a union agent cannot be compelled to disclose information acquired while attending to professional duties or acting in a representative capacity for a bargaining unit member, during or after that relationship, subject to the statute's exceptions.
When can a union agent disclose information about a member without violating the privilege?
Four situations: to prevent a crime likely to cause a clear, imminent risk of serious physical injury or death; in actions against the union agent or the union itself; when a court orders disclosure; or with the informed written or oral consent of the bargaining unit member or their estate.
Does the union agent privilege survive after the representative relationship ends?
Yes. The statute protects information acquired during the agency or representative relationship both during that relationship and after its termination.
What happens if this privilege conflicts with federal labor law?
Subsection (c) provides that if applying Section 8-803.5 conflicts with federal or state labor law in a specific situation, the labor law controls.
Who can consent to disclosure if the bargaining unit member has died or become incompetent?
The written or oral consent of the bargaining unit member's estate can substitute for the member's own consent if the member is deceased or has been adjudged incompetent by a court of competent jurisdiction.
Amendment History
(Source: P.A. 94-22, eff. 1-1-06.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: union agent privilege illinoislabor representative confidentiality illinoisbargaining unit member privilege8-803.5 illinois evidence