Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2160 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. 3196 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2160
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 Middlesex1/16/2025 1 of 5
16	16	HOUSE DOCKET, NO. 3196 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2160
18	18	By Representative Robertson of Tewksbury, a petition (accompanied by bill, House, No. 2160)
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	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1939 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relative to the confidentiality of communications of information of labor organizations.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 Definitions
32	32	2 (a) (1) In this section the following words have the meanings indicated.
33	33	3 (2) “Employee” means an individual represented by a labor organization regardless of
34	34	4whether the individual is a member of the labor organization.
35	35	5 (3) “Labor organization” means an organization that represents or seeks to represent
36	36	6workers for the purposes of collective bargaining.
37	37	7 Confidentiality of labor organization communications or information 2 of 5
38	38	8 (b) (1)Except as provided in subsection (c) or (d) of this section, a labor organization or
39	39	9an agent of a labor organization may not be compelled to disclose any communication or
40	40	10information the labor organization or agent received or acquired in confidence from an employee
41	41	11while the labor organization or agent was acting in a representative capacity concerning an
42	42	12employee grievance.
43	43	13 (2)Paragraph (1) of this subsection does not apply to a criminal proceeding.
44	44	14 (3)An employee's privilege under this subsection applies only to the extent that:
45	45	15 (i)A communication or information is germane to a grievance of the employee; and
46	46	16 (ii) The grievance of the employee is a subject matter of an investigation, a grievance
47	47	17proceeding, or a civil court, administrative, arbitration, or other civil proceeding.
48	48	18 (4)An employee's privilege under this subsection continues after termination of:
49	49	19 (i) The employee's employment; or
50	50	20 (ii) The representative relationship of the labor organization or its agent with the
51	51	21employee.
52	52	22 (5)An employee's privilege under this subsection protects the communication or
53	53	23information received or acquired by the labor organization or its agent, but does not protect the
54	54	24employee from being compelled to disclose, to the extent provided by law, the facts underlying
55	55	25the communication or information.
56	56	26 Disclosure of information to prevent certain death or substantial bodily harm 3 of 5
57	57	27 (1)A labor organization or its agent shall disclose to the employer as soon as possible a
58	58	28communication or information described in subsection (b)(1) of this section to the extent the
59	59	29labor organization or its agent reasonably believes necessary to prevent certain death or
60	60	30substantial bodily harm.
61	61	31 Disclosure of communication or information to prevent commission of crime or fraud
62	62	32 (d) A labor organization or its agent may disclose a communication or information
63	63	33described in subsection (b) of this section:
64	64	34 (1)To the extent the labor organization or its agent reasonably believes necessary to:
65	65	35 (i)Prevent the employee from committing a crime, fraud, or any act in violation of a
66	66	36collective bargaining agreement or contractual agreement that is reasonably certain to result in
67	67	37substantial injury to the financial interests or property of another and in furtherance of which the
68	68	38employee has used or is using the services of the labor organization or its agent;
69	69	39 (ii)Prevent, mitigate, or rectify substantial injury to the financial interests or property of
70	70	40another that is reasonably certain to result or has resulted from the employee's commission of a
71	71	41crime, fraud, or any act in violation of a collective bargaining agreement or contractual
72	72	42agreement in furtherance of which the employee has used the services of the labor organization
73	73	43or its agent;
74	74	44 (iii)Secure legal advice about the compliance of the labor organization or its agent with a
75	75	45court order or other law or the terms of a collective bargaining agreement or contractual
76	76	46agreement; 4 of 5
77	77	47 (iv) Establish a claim or defense on behalf of the labor organization or its agent in a
78	78	48controversy between the employee and the labor organization or its agent, to establish a defense
79	79	49to a criminal charge or civil claim against the labor organization or its agent based on conduct in
80	80	50which the employee was involved, or to respond to allegations in any proceeding concerning the
81	81	51performance of professional duties by the labor organization or its agent on behalf of the
82	82	52employee; or
83	83	53 (iv)Comply with a court order or other law or the terms of a collective bargaining
84	84	54agreement or contractual agreement;
85	85	55 (2) To the extent the communication or information constitutes an admission that the
86	86	56employee has committed a crime;
87	87	57 (3) In any court, administrative, arbitration, or other proceeding against:
88	88	58 (i)The agent of the labor organization in the agent's personal or official representative
89	89	59capacity; or
90	90	60 (ii)The labor organization, any affiliated or subordinate body of the labor organization,
91	91	61 (iii)or any agent of the labor organization or its affiliated or subordinate body;
92	92	62 (4) If the labor organization has obtained the written or oral consent of the employee;
93	93	63 (5) If the employee is deceased or has been adjudicated incompetent by a court of
94	94	64competent jurisdiction and the labor organization has obtained the written or oral consent of the
95	95	65personal representative of the employee's estate or of the employee's guardian;
96	96	66 (6) When required by court order; or 5 of 5
97	97	67 (7) To the extent that the employee waives the confidentiality of the communication or
98	98	68information.
99	99	69 Adverse inferences based on refusal to disclose communications or information
100	100	70prohibited
101	101	71 (1) An adverse inference may not be drawn based on the refusal of a labor organization or
102	102	72an agent of a labor organization to disclose a communication or any information under
103	103	73subsection (d)(3) of this section.