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Union-Relations Privilege Recognized in Alaska

By Philip B. Rosen & Jackson Lewis P.C. on August 1, 2012
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In a unanimous decision, the Alaska high court has recognized a union-relations privilege for certain discussions between a union representative and a state employee. Peterson v. State of Alaska, No. S-14233 (Alaska July 20, 2012).  “Based on the strong interest in confidential union-related communications and the statutory protection against unfair labor practices, we hold PERA [the Alaska Public Employment Relations Act] impliedly provides the State’s union employees a union-relations privilege,” the Court said.

Private-sector employers should take heed.  The policies behind the Alaska statute and the National Labor Relations Act are nearly identical.  Unions representing both public- and private-sector workers likely will seek to assert this privilege in other courts or agencies.

The privilege recognized in Peterson extends to communications made:

(1) in confidence;
(2) in connection with representative services relating to anticipated or ongoing disciplinary or grievance proceedings;
(3) between an employee (or the employee’s attorney) and union representatives; and
(4) by union representatives acting in official representative capacity.

Moreover, the privilege may be asserted by the employee or by the union on behalf of the employee. Finally, the Court instructed, “Like the attorney-client privilege, the union-relations privilege extends only to communications, not to underlying facts.”

Photo of Philip B. Rosen Philip B. Rosen

Philip B. Rosen is a Principal in the New York City office of Jackson Lewis P.C. and a member of the Firm’s Management Committee. Mr. Rosen also leads the firm’s Labor Practice Group. He joined the Firm in 1979 and served as Managing…

Philip B. Rosen is a Principal in the New York City office of Jackson Lewis P.C. and a member of the Firm’s Management Committee. Mr. Rosen also leads the firm’s Labor Practice Group. He joined the Firm in 1979 and served as Managing Partner of the New York City office from 1989 to 2009.

Mr. Rosen lectures extensively, conducts management training, and advises clients with respect to legislative and regulatory initiatives, corporate strategies, business ethics, social media, reorganizations and reductions-in-force, purchase/sale transactions, sexual harassment and other workplace conduct rules, compliance with the Americans With Disabilities Act, wrongful discharge and other workplace litigation, corporate campaigns and union organizing matters, collective bargaining, arbitration and National Labor Relations Board proceedings. He has been quoted by the press on many labor matters, including the National Labor Relations Board’s recent initiatives on protected concerted activity and the proposed Notice Posting requirements.

Read more about Philip B. RosenEmail
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  • Posted in:
    Employment & Labor
  • Blog:
    Labor & Collective Bargaining
  • Organization:
    Jackson Lewis P.C.

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