CASE PROCESSING PROCEDURES; EVIDENCE – Privileged Communications

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Although PERB follows federal precedent protecting certain communications under specified circumstances (see, e.g., State of California (Department of Corrections) (1995) PERB Decision No. 1104-S, pp. 16-20 [endorsing quasi-privileges/protections under Cook Paint and Varnish Co. v. NLRB (D.C. Cir. 1981) 648 F.2d 712 and Johnnie's Poultry Co. (1964) 146 NLRB 770]; Colton Joint Unified School District/Rialto Unified School District/San Bernardino City Unified School District (1981) PERB Order No. Ad-113, p. 6 [endorsing protections under Berbiglia, Inc. (1977) 233 NLRB 1476]), the California Evidence Code presently includes no privilege protecting communications between a grievant and a non-attorney union representative. (American Airlines, Inc. v. Superior Court (2003) 114 Cal.App.4th 881, 888–896.)