CASE PROCESSING PROCEDURES; EVIDENCE – Privileged Communications

Single Topic for Decision A448E

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Rules of privilege apply in unfair practice hearings. By asserting its reliance on advice of counsel as a defense to interference and retaliation allegations, the respondent waived the attorney-client and attorney work-product privileges with respect to that advice. However, because the scope of any waiver of privilege must be narrowly construed, the Board remanded the matter to the ALJ for greater clarification of the scope of any potential waiver as to documents sought from the respondent’s attorneys by the charging party via a subpoena duces tecum.