Bill Text: MI HB4879 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Civil procedure; evidence; information obtained by agent of a labor organization in course of representing union member; create privilege for. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2170.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-09-07 - Printed Bill Filed 08/25/2011 [HB4879 Detail]

Download: Michigan-2011-HB4879-Introduced.html

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HOUSE BILL No. 4879

 

August 24, 2011, Introduced by Rep. LeBlanc and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

(MCL 600.101 to 600.9947) by adding section 2170.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2170. (1) Except as provided under subsection (2), an

 

agent of a labor organization, during or after termination of an

 

agency or representative relationship with a bargaining unit

 

member, shall not be compelled to disclose, in a court or

 

administrative action, arbitration, or proceeding, whether civil or

 

criminal, any information the agent acquired in the course of his

 

or her professional duties or while acting in his or her

 

representative capacity.

 

     (2) An agent of a labor organization may disclose information

 

that is protected under subsection (1) in any of the following

 

circumstances:

 

     (a) To the extent the disclosure appears necessary to prevent

 

the commission of a crime that is likely to result in a clear,

 

imminent risk of serious physical injury or death of another

 

person.

 

     (b) In a civil action or criminal proceeding against the agent

 

in his or her personal or official representative capacity, the

 

international or local labor organization, an affiliated or

 

subordinate body of the international or local labor organization,

 

or an agent of any of those entities in the agent's personal or

 

official representative capacity.

 

     (c) If the disclosure is required by a court order.

 

     (d) If, after being fully informed of the circumstances and

 

the rights provided by this section, the bargaining unit member or,

 

if the bargaining unit member is deceased or has been determined by

 

a court to be legally incapacitated, the personal representative,

 

guardian, or other appropriate representative consents in writing

 

or orally to the disclosure.

 

     (3) If the application of this section would conflict with any

 

federal or state labor law, this section is inapplicable and the

 

federal or state labor law controls.