Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1939 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3014 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1939
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David Allen Robertson
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the confidentiality of communications of information of labor organizations.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David Allen Robertson19th Middlesex1/19/2023 1 of 5
16	16	HOUSE DOCKET, NO. 3014 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1939
18	18	By Representative Robertson of Tewksbury, a petition (accompanied by bill, House, No. 1939)
19	19	of David Allen Robertson relative to the confidentiality of communications of information of
20	20	labor organizations. Labor and Workforce Development.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to the confidentiality of communications of information of labor organizations.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 Definitions
30	30	2 (a) (1) In this section the following words have the meanings indicated.
31	31	3 (2) “Employee” means an individual represented by a labor organization regardless of
32	32	4whether the individual is a member of the labor organization.
33	33	5 (3) “Labor organization” means an organization that represents or seeks to represent
34	34	6workers for the purposes of collective bargaining.
35	35	7 Confidentiality of labor organization communications or information
36	36	8 (b) (1)Except as provided in subsection (c) or (d) of this section, a labor organization or
37	37	9an agent of a labor organization may not be compelled to disclose any communication or
38	38	10information the labor organization or agent received or acquired in confidence from an employee 2 of 5
39	39	11while the labor organization or agent was acting in a representative capacity concerning an
40	40	12employee grievance.
41	41	13 (2)Paragraph (1) of this subsection does not apply to a criminal proceeding.
42	42	14 (3)An employee's privilege under this subsection applies only to the extent that:
43	43	15 (i)A communication or information is germane to a grievance of the employee; and
44	44	16 (ii) The grievance of the employee is a subject matter of an investigation, a grievance
45	45	17proceeding, or a civil court, administrative, arbitration, or other civil proceeding.
46	46	18 (4)An employee's privilege under this subsection continues after termination of:
47	47	19 (i) The employee's employment; or
48	48	20 (ii) The representative relationship of the labor organization or its agent with the
49	49	21employee.
50	50	22 (5)An employee's privilege under this subsection protects the communication or
51	51	23information received or acquired by the labor organization or its agent, but does not protect the
52	52	24employee from being compelled to disclose, to the extent provided by law, the facts underlying
53	53	25the communication or information.
54	54	26 Disclosure of information to prevent certain death or substantial bodily harm
55	55	27 (1)A labor organization or its agent shall disclose to the employer as soon as possible a
56	56	28communication or information described in subsection (b)(1) of this section to the extent the
57	57	29labor organization or its agent reasonably believes necessary to prevent certain death or
58	58	30substantial bodily harm. 3 of 5
59	59	31 Disclosure of communication or information to prevent commission of crime or fraud
60	60	32 (d) A labor organization or its agent may disclose a communication or information
61	61	33described in subsection (b) of this section:
62	62	34 (1)To the extent the labor organization or its agent reasonably believes necessary to:
63	63	35 (i)Prevent the employee from committing a crime, fraud, or any act in violation of a
64	64	36collective bargaining agreement or contractual agreement that is reasonably certain to result in
65	65	37substantial injury to the financial interests or property of another and in furtherance of which the
66	66	38employee has used or is using the services of the labor organization or its agent;
67	67	39 (ii)Prevent, mitigate, or rectify substantial injury to the financial interests or property of
68	68	40another that is reasonably certain to result or has resulted from the employee's commission of a
69	69	41crime, fraud, or any act in violation of a collective bargaining agreement or contractual
70	70	42agreement in furtherance of which the employee has used the services of the labor organization
71	71	43or its agent;
72	72	44 (iii)Secure legal advice about the compliance of the labor organization or its agent with a
73	73	45court order or other law or the terms of a collective bargaining agreement or contractual
74	74	46agreement;
75	75	47 (iv) Establish a claim or defense on behalf of the labor organization or its agent in a
76	76	48controversy between the employee and the labor organization or its agent, to establish a defense
77	77	49to a criminal charge or civil claim against the labor organization or its agent based on conduct in
78	78	50which the employee was involved, or to respond to allegations in any proceeding concerning the 4 of 5
79	79	51performance of professional duties by the labor organization or its agent on behalf of the
80	80	52employee; or
81	81	53 (iv)Comply with a court order or other law or the terms of a collective bargaining
82	82	54agreement or contractual agreement;
83	83	55 (2) To the extent the communication or information constitutes an admission that the
84	84	56employee has committed a crime;
85	85	57 (3) In any court, administrative, arbitration, or other proceeding against:
86	86	58 (i)The agent of the labor organization in the agent's personal or official representative
87	87	59capacity; or
88	88	60 (ii)The labor organization, any affiliated or subordinate body of the labor organization,
89	89	61 (iii)or any agent of the labor organization or its affiliated or subordinate body;
90	90	62 (4) If the labor organization has obtained the written or oral consent of the employee;
91	91	63 (5) If the employee is deceased or has been adjudicated incompetent by a court of
92	92	64competent jurisdiction and the labor organization has obtained the written or oral consent of the
93	93	65personal representative of the employee's estate or of the employee's guardian;
94	94	66 (6) When required by court order; or
95	95	67 (7) To the extent that the employee waives the confidentiality of the communication or
96	96	68information. 5 of 5
97	97	69 Adverse inferences based on refusal to disclose communications or information
98	98	70prohibited
99	99	71 (1) An adverse inference may not be drawn based on the refusal of a labor organization or
100	100	72an agent of a labor organization to disclose a communication or any information under
101	101	73subsection (d)(3) of this section.