All notes for Subtopic 1105.15000 – Privileged Communications

DecisionDescriptionPERC Vol.PERC IndexDate
2580S Cal Fire Local 2881
1105.15000: CASE PROCESSING PROCEDURES; EVIDENCE; Privileged Communications
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.) more or view all topics or full text.
434308/17/18
2558E Children of Promise Preparatory Academy
1105.15000: CASE PROCESSING PROCEDURES; EVIDENCE; Privileged Communications
Statements made in settlement conferences convened by PERB are inadmissible as evidence in an administrative hearing. more or view all topics or full text.
4212403/27/18
1411S California State Employees Association (Hard and Hackett)
1105.15000: CASE PROCESSING PROCEDURES; EVIDENCE; Privileged Communications
CSEA cited no applicable case law, nor any statutory provisions, that would justify the sealing of the so-called "Spy Memos" on the basis of confidentiality. The mere assertion of confidentiality is insufficient to compel the relief requested by CSEA in an unfair practice proceeding; pp. 13-15. The "Spy Memos" did not constitute a trade secret under the California Uniform Trade Secrets Act. The documents contain no "formula, pattern, compilation, program, device, method or process." Furthermore, no evidence was presented that these documents have any economic value. Finally the memos appear to have been widely distributed prior to their introduction into evidence here; pp. 15-16. more or view all topics or full text.
253200610/10/00
A113E Colton Joint Unified School District/Rialto Unified School District/San Bernardino City Unified School District
1105.15000: CASE PROCESSING PROCEDURES; EVIDENCE; 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. more or view all topics or full text.
51210007/22/81
0778E Carlsbad Unified School District
1105.15000: CASE PROCESSING PROCEDURES; EVIDENCE; Privileged Communications
School board may not rely on confidentiality of closed meetings for personnel decisions to avoid proving nondiscriminatory intent in discrimination case. more or view all topics or full text.
142100411/21/89