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S 1328

An Act relating to privileged communication between individuals and their labor organizations

194th Legislature (2025-2026) Introduced by Sal DiDomenico and 5 co-sponsors

Massachusetts bill creates labor organization-worker privilege similar to attorney-client confidentiality, protecting union member communications from legal disclosure in disputes.

Bill reported favorably by committee and referred to the committee on Senate Ways and Means
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Bill Summary · S 1328

Legislative bill overview

S 1328 establishes a privileged communication statute between workers and their labor organizations, similar to attorney-client privilege. This would make communications between union members and union representatives confidential and protected from disclosure in legal proceedings, except under specific circumstances.

Why is this important

This protection could encourage workers to seek advice from union representatives without fear their statements will be used against them in lawsuits or investigations. It fundamentally shifts the legal landscape for labor organizing by providing confidentiality protections comparable to those afforded attorney-client relationships, potentially strengthening labor's position in disputes.

Potential points of contention

  • Scope and definition: Uncertainty about what communications qualify for protection and whether all union representatives (not just legal advisors) are covered could create litigation over the privilege's boundaries
  • Employer discovery rights: Employers may argue the privilege improperly shields evidence relevant to workplace disputes, discrimination claims, or misconduct investigations they have legitimate interests in examining
  • Balancing public interest: Questions arise about whether absolute or near-absolute privilege could obstruct justice in cases involving workplace safety violations, harassment, or crimes that employers and courts need to investigate

Compiled from official sources — confirm details with the bill’s official record.

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