CASE PROCESSING PROCEDURES; EVIDENCE – Privileged Communications

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PERB has repeatedly recognized a protection for both public employers’ and unions’ internal negotiation strategy communications. (See, e.g., County of Tulare (2020) PERB Decision No. 2697-M, pp. 14-15, fn. 9 [an “employer benefits . . . from the . . . limited privilege that protects both unions and employers from being forced to reveal to the other party their internal collective bargaining strategies or tactics”]; Cal Fire Local 2881 (Tobin) (2018) PERB Decision No. 2580-S, p. 4 [PERB follows Berbiglia, supra, 233 NLRB 1476 by protecting certain confidential bargaining communications].)