ASSEMBLY, No. 2790

STATE OF NEW JERSEY

216th LEGISLATURE

 

INTRODUCED MARCH 10, 2014

 

 

Sponsored by:

Assemblyman  GORDON M. JOHNSON

District 37 (Bergen)

 

 

 

 

SYNOPSIS

     Provides that labor union representatives cannot be compelled to disclose certain information.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning representatives of labor unions and supplementing Title 2A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  Except as provided in subsection b. of this section, a representative of a labor union shall not be compelled to disclose in any civil or criminal proceeding, or in any administrative or arbitration proceeding, any information that the representative obtained in the course of his professional duties or while acting in his representative capacity.

     b.    A representative of a labor union may use or disclose such information:

     (1)   To the extent that it appears necessary to prevent the commission of a crime;

     (2)   In any civil or criminal action against the representative in his professional capacity or against the labor union;

     (3)   When required by an order of the Superior Court or an order of an administrative law judge; or

     (4)   When the member of the labor union consents to the disclosure.  If the member is deceased, the personal representative of the member's estate may consent to the disclosure.  If the member has been declared incompetent by a court of competent jurisdiction, his legal representative may consent to the disclosure.

 

     2.    This act shall not be deemed to preclude the provisions of any other State or federal law.

 

     3.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would provide that a representative of a labor union could not be compelled to disclose any information that the representative obtained in the course of his professional duties or while acting in his representative capacity.  The provision would apply in any civil or criminal proceeding, or in any administrative or arbitration proceeding.

     Under the bill, exceptions would be made under the following circumstances:

     (1)   To the extent that disclosure appears necessary to prevent the commission of a crime;

     (2)   In any civil or criminal action against the representative in his professional capacity or against the labor union;

     (3)   When required by an order of the Superior Court or an order of an administrative law judge; or

     (4)   When the member of the labor union consents to the disclosure.  The bill provides that if the member is deceased, the personal representative of the member's estate may consent to the disclosure.  If the member has been declared incompetent by a court of competent jurisdiction, his legal representative may consent to the disclosure.

     This bill is modeled on 735 ILCS 5/8-803.5, an Illinois statute enacted in 2005.