AB 3121, sponsored by Council 57 and authored by Assemblymember Ash Kalra (D- San Jose),  would have established an evidentiary privilege to prohibit the disclosure of confidential communications made between an employee and their union representative. 

When employees discuss issues affecting their employment with their union representative, such as those involving workplace discipline or grievance-related issues, most assume that such communications are confidential and that information may not be disclosed to the employer or other third parties. However, no state statute provides such communications with an evidentiary privilege, undermining the value of an employee’s right to union representation. 

AB 3121 was held by the Council after we received indications that Governor Brown would not sign the bill. Council 57, AFSCME and our labor partners plan on reintroducing the bill this coming year under the new administration.