1 of 1
SENATE DOCKET, NO. 2304 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 1328
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Paul R. Feeney
_________________
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 relating to privileged communication between individuals and their labor organizations.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Paul R. FeeneyBristol and NorfolkJohn F. KeenanNorfolk and Plymouth2/24/2025Paul W. MarkBerkshire, Hampden, Franklin and
Hampshire
3/2/2025James B. EldridgeMiddlesex and Worcester3/2/2025 1 of 6
SENATE DOCKET, NO. 2304 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 1328
By Mr. Feeney, a petition (accompanied by bill, Senate, No. 1328) of Paul R. Feeney, John F.
Keenan, Paul W. Mark and James B. Eldridge for legislation to require labor organizations to
protect confidential communications when representing individuals. Labor and Workforce
Development.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act relating to privileged communication between individuals and their 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 SECTION 1. Findings.
2 The Commonwealth’s legislature makes the following findings:
3 (1)Labor organizations have fiduciary duties to act on behalf of the individuals they
4represent in regard to all aspects of labor-management relations with both public-sector and
5private-sector employers. These matters include, but are not limited to, activity investigating,
6seeking and/or securing representation, personnel matters, grievances, labor disputes and dispute
7resolution, wages, rates of pay, hours of employment, conditions of work, collective bargaining,
8contract administration, petitioning activity and adjudicatory actions before the courts and
9administrative agencies. 2 of 6
10 (2)The discharge of those duties fosters industrial peace, human dignity, and the
11continued improvement of the employment relationship, with benefits to employees, employers,
12and the general public.
13 (3)The effective discharge of those duties depends on individuals’ confidence that
14their confidential communications with their labor organization representatives in the course of
15securing representation and representation will be protected against disclosure, and that labor
16organizations’ internal deliberations concerning their organizational and representational duties
17be protected against disclosure so that unions may engage in the balancing that is necessary to
18carry out their duty to all members and individuals they seek to represent.
19 (4)To effectuate the public policy favoring effective labor-management relations, it
20is necessary to protect confidential labor organization–individual communications in the course
21of union representation against disclosure, except in the rare circumstances where disclosure
22appears necessary to prevent injury from a crime or when legal claims are brought in formal
23proceedings against unions. The creation of a union–individual privilege is accordingly in the
24best interests of the Commonwealth of Massachusetts.
25 SECTION 2. Chapter 233 of the Massachusetts General Laws is hereby amended by
26establishing a new section of law, Section 20P, after Section 20O as follows:
27 (a)Definitions. As used in this section, the following words shall have the following
28meanings unless the context clearly requires otherwise:
29 (1)An “employee” is an individual represented by a labor organization or who is
30seeking information, services, or assistance from a labor organization, whether or not that
31individual is a member of a labor organization. 3 of 6
32 (2)A “labor organization” also known as a labor union, is any lawful organization
33whose primary purposes include the representation of employees in their employment and labor
34relations with employers, including without limitation labor organizations defined by chapters
35150A and 150E of the General Laws, 29 U.S.C. § 152(5) and 5 USC § 7103(a)(4), and 45 U.S.
36151.
37 (3)“Representation” means any action by a labor organization, its employees or
38agents acting on their own or in concert with employees it represents or seeks to represent with
39regard to the employees’ employment and labor relations with employers. The subjects of
40representation include, but are not limited to, organizing and representation at an employer or in
41an industry or trade, grievances and other labor disputes, collective bargaining, protest or
42petitioning activity, work stoppages and strikes, and dispute resolution, and any other action to
43advance employees’ working conditions, wages, rates of pay, hours of employment, or employer
44policies, practices and procedures impacting the same.
45 (4)A “representative of the labor organization” is an employee or agent of the labor
46organization who assists the labor organization in providing services to an employee.
47 (5)A “communication” includes any oral, written, or electronic communication or
48document containing such communication made in the course of or concerning, regarding or
49relating to representation. A communication between a labor organization, its employees or
50agents and an employee, or a communication between labor organization representatives for the
51benefit of an employee is “confidential” if it is not intended to be disclosed to third persons other
52than those to whom disclosure is made to obtain or provide services to the employee, and those
53reasonably necessary for the transmission of the communication. 4 of 6
54 (b) General Rule of Privilege. Neither a labor organization representative nor an
55employee the labor organization seeks to represent, represents or has represented shall be
56examined as to, or be required to disclose, any confidential communication between an employee
57and labor organization representative or between union representatives made in the course of
58labor representation.
59 (1)An employee has a privilege to refuse to disclose and to prevent others from
60disclosing confidential communications made for the purpose of obtaining assistance from a
61labor organization with regard to confidential communications:
62 (i) between the employee and the labor organization or its representatives,
63 (ii) between the employee's attorney and the labor organization or its representatives, or
64 (iii) between labor organization representatives in considering or acting upon a request
65for assistance from an employee.
66 (2)A labor organization has a privilege to refuse to disclose and to prevent others
67from disclosing confidential communications made for the purpose of assisting an employee with
68regard to confidential communications:
69 (i) between the employee and the labor organization or its representatives,
70 (ii) between the employee's attorney and the labor organization or its representatives, or
71 (iii) between labor organization representatives in considering or acting upon a request
72for assistance from an employee. 5 of 6
73 (c) Who May Claim the Privilege. The privilege may be claimed by the employee, the
74labor organization, its employees and agents.
75 (d) Exceptions. The Labor Organization-Employee privilege does not apply to the
76following:
77 (1)Furtherance of Crime or Fraud. If the services of the labor organization were
78sought or obtained to commit or to plan to commit what the employee knew or reasonably should
79have known was a crime or fraud or is the examination or disclosure appears necessary to
80prevent the commission of a crime that is likely to result in a clear, imminent risk of serious
81physical injury or death of a person;
82 (2) Breach of Duty Of Fair Representation. As to a communication relevant to an
83issue of breach of duty of fair representation between an employee and a labor organization; or
84 (3) Document Attested by a Labor Organization’s Representative. As to a
85communication relevant to an issue concerning an attested document to which the labor
86organization’s representative is an attesting witness;
87 SECTION 3: Massachusetts General Laws chapter 150E shall be amended to add a new
88section, Section 16, after Section 15, which shall state as follows:
89 The privilege established by G.L. c. 233 § 20P shall apply to all labor organizations
90covered by this chapter and in all proceedings authorized by this chapter.
91 SECTION 4: Massachusetts General Laws chapter 150A shall be amended to add a new
92section, Section 13, after Section 12, which shall state as follows: 6 of 6
93 The privilege established by G.L. c. 233 § 20P shall apply to all labor organizations
94covered by this chapter and in all proceedings authorized by this chapter.
95 SECTION 5. Massachusetts General Laws Chapter 161A, Section 25 shall be amended
96by adding after the last sentence in the Section a new paragraph stating:
97 The privilege established by G.L. c. 233 § 20P shall apply to all labor organizations
98covered by this chapter and in all proceedings authorized by this chapter.
99 SECTION 6. Massachusetts General Laws Chapter 161A, Section 26 shall be amended
100by adding after the last sentence in the Section a new paragraph stating:
101 The privilege established by G.L. c. 233 § 20P shall apply to all labor organizations
102covered by this chapter and in all proceedings authorized by this chapter.
103 SECTION 7. Massachusetts General Laws Chapter 15D, Section 17 shall be amended by
104the following sentence at the end of sub-section (b) a new section as follows:
105 The labor organization-employee privilege established by G.L. c. 233 § 20P shall apply
106to all representation activities covered and in all proceedings authorized by sub-section or 17A,
10717G and 17J of Massachusetts General Laws Chapter 180.
108 SECTION 8. This act shall become effective January 1, 2026.