Evidentiary privilege for union to worker communications rejected

By CMTA Staff

Capitol Update, Oct. 24, 2013

Governor Jerry Brown has vetoed legislation to preclude disclosure of any confidential communication between an employee and a union agent when acting in their representative capacity. AB 729 by Assembly Labor Committee Chairman Roger Hernandez (D-West Covina) was opposed by CMTA and other business groups because it would have made it more difficult to uncover relevant information in labor-related proceedings and only applied to union agent to worker communication while excluding manager to worker, or manager to manager discussions regarding labor disputes or grievances.

In his veto message, Governor Brown expressed similar concerns when stating, “… this bill could compromise the ability of employers to conduct investigations into workplace safety, harassment and other allegations.”

To view the veto message, click here: http://leginfo.ca.gov/pub/13-14/bill/asm/ab_0701-0750/ab_729_vt_20131011.html

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