MA H2160

Labor organizations and their agents cannot be compelled to disclose confidential communications or information received from employees while acting in a representative capacity concerning employee grievances, though this protection does not apply to criminal proceedings

The confidentiality privilege continues after termination of employment or the representative relationship, and applies only when communications are germane to a grievance that is subject to an investigation or civil proceeding

Labor organizations must disclose confidential information to employers when reasonably necessary to prevent certain death or substantial bodily harm

Permissible disclosures include preventing employee crimes or fraud, preventing substantial financial injury to others, complying with court orders, defending the labor organization in legal proceedings, or when the employee provides consent

Courts and other bodies are prohibited from drawing adverse inferences based on a labor organization's refusal to disclose protected communications