Evidentiary privileges: union agent-represented worker privilege.
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Majority
Fiscal committee
No
Appropriation
No
Current location
Appropriations
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill establishes a new evidentiary privilege for communications between union agents and represented employees or former employees. It protects confidential discussions made during the union agent’s representative role, allowing employees to prevent others from disclosing these communications, except in specific circumstances like legal proceedings or when disclosure is necessary to prevent harm. The privilege can be waived, but not in criminal cases, and it doesn’t apply to communications made to expose criminal activity.
Key provisions
- Creates a privilege for confidential communications between union agents and represented employees/former employees.
- Allows represented employees/former employees to prevent others from disclosing privileged communications.
- Specifies conditions under which the privilege can be waived (e.g., personal legal actions, consent, court order).
- Excludes criminal proceedings from the scope of the privilege.
- Defines ‘confidential communication’ to include advice given by a union agent in a representational capacity.
- Addresses situations where disclosure is necessary to prevent harm or criminal activity.
- Clarifies that appointed employee stewards are not considered union agents unless communicating regarding a grievance.
Who is affected
- Union employees and former employees
- Union agents
- Employers
- Legal professionals
Bill text
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Sponsors
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6 on record
Primary sponsor
Cosponsors
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