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"The fight is never about grapes or lettuce. It is always about people." Cesar Chavez |
:: Wednesday, December 31, 2003 ::
Court of Appeal: Worker’s Conversations With Union Representative Not Privileged By a MetNews Staff Writer
There is no evidentiary privilege in California for communications between a union member and a union representative, the Court of Appeal for this district ruled yesterday.
Div. Eight granted a writ of mandate directing that a representative of Local 564 of the Transport Workers Union be compelled to disclose the substance of conversations with a former aircraft mechanic who claims he was wrongfully terminated by American Airlines.
Justice Laurence Rubin, writing for the Court of Appeal, cited Evidence Code Sec. 911, which precludes recognition of an evidentiary privilege “[e]xcept as otherwise provided by statute.” While the creation of a union representative-union member privilege may be supported by public policies favoring effective union representation and the right to bargain collectively, the justice said, those arguments are appropriately addressed to the Legislature.------------------------------------------- posted 8:55 AM :: reference link ::
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