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Committee forwards bill codifying confidentiality of employee‑union communications in public employment
Summary
AB 340 would bar public employers from forcing disclosure of communications between employees and union representatives about workplace matters; the Senate Labor Committee referred the bill to Judiciary after debate over investigative exceptions.
Assemblymember Aaron presented AB 340, a bill that would codify California Public Employment Relations Board (PERB) decisions by prohibiting public employers from coercing employees or union representatives to disclose communications about matters within the scope of representation.
Nut graf: Supporters described AB 340 as a modest bill that protects the confidentiality of discussions between employees and union representatives and ensures employees can speak candidly during grievance, discipline and discrimination discussions. The measure explicitly exempts criminal investigations, according to the author and witnesses.
David Misstagni Jr., a labor attorney representing public‑employee unions, testified that the bill simply makes PERB precedent uniform across statutes and makes it an unfair labor practice to demand such disclosures; he emphasized the proposal is not an evidentiary privilege but a prohibition on employer interference. Supporters included unions and public‑employee groups.
Opponents included the Association of California School Administrators and other public‑sector employers who said the bill could hamper investigations into workplace safety, misconduct and student safety incidents; they urged careful drafting to avoid interfering with safety and criminal investigations. Several local government and county education representatives testified in opposition.
Committee action: The committee recorded a split vote in an earlier roll call; after members returned and the item was recalibrated, the committee referred the bill to the Committee on the Judiciary with a motion recorded as passing in committee (final recorded vote: Smallwood‑Cuevas — aye; Strickland — no; Cortese — aye; Durazo — aye; Laird — aye). The bill was placed on call for further consideration if needed.
Why it matters: The bill clarifies and extends PERB protections in statute for public‑sector employees, but opponents warned it could unintentionally impede workplace safety investigations if not narrowly drafted to exclude criminal or other safety‑critical inquiries.
