An act to add Section 3558.9 to the Government Code, relating to employer-employee relations.
Summary
AB 1564 would add Section 3558.9 to the Government Code to prohibit public employers from questioning or compelling disclosure of confidential communications between a public employee and a union or employee organization representative when those communications are made in connection with representation on matters within the scope of representation. The bill applies to public employees, recognized employee organizations, and exclusive representatives, and is aimed at protecting confidential discussions about issues such as grievances, discipline, and working conditions.
The bill states that it is intended to codify existing Public Employment Relations Board (PERB) precedent, rather than create a new confidentiality right. It also declares that clearer statutory language will reduce disputes, improve compliance, and lower litigation and administrative costs associated with unfair labor practice charges and related proceedings.
Impact
If enacted, AB 1564 would create a new express statutory prohibition in the Government Code limiting public employer conduct during labor relations matters. It would affect public employers across state and local government, K-12 schools, community colleges, and higher education, while preserving existing protections under other laws and excluding criminal investigations and certain public safety officer investigations under Section 3303. The bill is framed as a codification of PERB case law, but it would still give employees and unions a clearer statutory basis to challenge employer inquiries or compelled disclosures involving confidential labor-relations communications.
Sentiment
The overall sentiment reflected in the bill text and voting history is supportive. The measure advanced with unanimous support in one committee vote recorded at 6-0 and later received a strong do-pass recommendation of 12-1 before being re-referred to Appropriations. The author’s findings emphasize that the bill is intended to clarify existing obligations, protect employee rights, and reduce unnecessary disputes, suggesting a generally favorable view among supporters and committee members.
Contention
The main point of contention appears to be whether the bill merely codifies existing PERB precedent or imposes new compliance obligations and costs. The bill expressly rejects claims that policy, training, or contract updates would create significant one-time expenses, while critics or fiscal skeptics may question that assessment, especially for large public systems such as community colleges and other agencies. Another potential area of concern is the scope of the confidentiality protection and how it interacts with employer investigations, criminal investigations, and public safety officer discipline, though the bill attempts to preserve those exceptions.
"Government Reality Check Act"; prohibits public employers from providing certain benefits to public employees; restricts gifts to public employees; restricts travel by public employees; imposes post-employment restriction on public contracting employees.