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