CA AB3121

Establishes a new evidentiary privilege allowing union agents and represented employees or former employees to refuse disclosure of confidential communications made during representation in grievance procedures or labor agreement negotiations.

Represented employees or former employees can prevent others from disclosing confidential communications with union agents that are protected under this privilege.

Union agents may disclose privileged communications only when: (1) defending against personal or official capacity lawsuits, (2) receiving written or oral consent from the employee or their legal representative, or (3) complying with court orders.

No privilege applies if the union agent reasonably believes disclosure is necessary to prevent a crime likely to result in death or substantial bodily harm, or if the communication was made to enable or aid in committing a crime or fraud.

The privilege does not apply in criminal proceedings and is subject to existing California Evidence Code waiver provisions.