CASE PROCESSING PROCEDURES; EVIDENCE – Privileged Communications
Single Topic for Decision A113E
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1105.15000 – Privileged Communications
Employer may not inquire into union's negotiating strategy in order to show illegal agreement by several unions. Proof that unions conspired not to settle with their separate employers until all had reached agreement can be made through evidence of conduct. Absent an affirmative showing of conduct to indicate lack of good faith, there is no basis for compelled testimony about union's negotiating strategy.