Evidentiary privileges: union agent-represented worker privilege.

Assembly Member Kalra's legislation establishes a new evidentiary privilege protecting confidential communications between union agents and the workers they represent, adding these interactions to California's existing framework of protected relationships like attorney-client and physician-patient privileges.

The bill creates a mutual right for union agents and represented workers to refuse disclosure of their confidential communications in court proceedings, administrative hearings, and arbitrations. This privilege extends to both current and former employees, allowing them to prevent others from revealing protected communications made during the union agent's representative capacity. The legislation defines "confidential communication" as information transmitted between the parties without disclosure to third parties, except those necessary to further the employee's interests or facilitate representation.

Several exceptions limit the scope of this privilege. Union agents must disclose communications if ordered by a court or if they reasonably believe disclosure would prevent death or substantial bodily harm. The privilege does not apply to communications made to enable criminal or fraudulent acts, nor does it extend to criminal proceedings. Union agents may also reveal protected information when facing legal action in their representative capacity or with the represented worker's informed consent.

The bill incorporates this new privilege into California's existing statutory framework governing privileged communications, including provisions for waiver through voluntary disclosure and presumptions of confidentiality. These amendments align union agent-worker communications with other protected professional relationships while maintaining consistent standards for how such privileges operate within the state's evidence code.