Legal Alert: Employee Privacy Interests Outweigh Union's Right To Communicate With Represented Employees in California


Is a California employer required to disclose an employee's home telephone number and address upon request by a union without first advising the employee of the disclosure? According to a recent California Court of Appeal opinion, County of Los Angeles v. Los Angeles County Employee Relations Committee, an employer may not do so unless it provides the same notice and opt-out procedures provided to putative class members in consumer class actions. The court's decision expressly found that employee privacy rights are guaranteed by the California constitution and outweigh a union's right to communicate with represented employees.

Los Angeles County ("County") employees are represented by Service Employees International Union Local 721 ("the Union"). The County employees have the collective right to unionize, but the individual right to refuse to join to union. The bargaining unit was comprised of approximately 15,000 County employees. However, only 11,000 employees were members and 4,000 were non-members. The Union had the home addresses and telephone numbers for less than half of the non-members and wanted the ability to contact all of the non-members.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© FordHarrison | Attorney Advertising

Written by:


FordHarrison on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.