Panel backs AB 340 to make communications between employees and union representatives confidential

AB 340, a bill to make confidential communications between employees and union representatives, cleared the Assembly Committee on Public Employment and Retirement on Wednesday.

Sponsor testimony described AB 340 as codifying existing Public Employment Relations Board (PERB) case law that discourages employer questioning of union representatives about private discussions. "PERB has long held that it's beyond dispute that an employer's inquiries into discussions between employees and their union representatives have a tendency to chill the protected activities of both the employees and the representatives," said David Mastagny of PORAC, testifying for the measure. He said the bill "codifies existing PERB case law" and is enforceable through PERB as an unfair labor practice.

Randy Perry of PORAC added that the presence of organized opposition in the hearing demonstrates the need to clarify the law. Supporters insisted the bill does not create a privilege in civil or criminal proceedings and said it would not interfere with investigations when a representative is a witness to underlying facts.

Opponents including the California Special Districts Association, the Association of California School Administrators and several county and city associations argued the bill could go too far by categorically prohibiting certain lines of inquiry and could interfere with required employer administrative investigations. The Association of California School Administrators said it fears blocking legitimate employer lines of questioning could hamper investigations of serious matters, including child-abuse allegations and incidents involving students with disabilities, and urged further safeguards.

Assemblymember Boiner moved the bill; Assemblymember Nguyen seconded. The measure was passed by roll call and placed on hold for absent members; committee materials later recorded sufficient affirmative votes and referral to Appropriations.