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Bill > AB1109


CA AB1109

Evidentiary privileges: union agent-represented worker privilege.


summary

Introduced
02/20/2025
In Committee
05/13/2025
Crossed Over
05/12/2025
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

An act to amend Sections 912 and 917 of, and to add Article 9.5 (commencing with Section 1048) to Chapter 4 of Division 8 of, the Evidence Code, relating to privilege.

AI Summary

This bill establishes a new legal privilege for communications between union agents and represented employees or former employees, similar to other existing confidential communication protections like attorney-client or doctor-patient privileges. Specifically, the bill creates a legal protection that allows a union agent and an employee to refuse to disclose confidential communications made while the union agent is acting in their representative capacity, with some important exceptions. The privilege can be waived if the employee consents to disclosure, and it does not apply in criminal proceedings. The bill defines a "union agent" as a person employed or elected by a labor organization whose duties include representing employees in grievance procedures or labor negotiations. There are specific circumstances where a union agent may disclose privileged communications, such as in legal actions against the union or with the employee's consent. The bill also includes provisions preventing the privilege from being used to cover up criminal acts or fraud, ensuring that if a union agent believes disclosure is necessary to prevent a serious criminal act likely to cause death or substantial bodily harm, they can break confidentiality. This legislation aims to protect the confidentiality of communications between workers and their union representatives, promoting open and frank discussions about workplace issues.

Committee Categories

Justice

Sponsors (6)

Last Action

In Senate. Read first time. To Com. on RLS. for assignment. (on 05/13/2025)

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