Thursday, June 23, 2011

California Supreme Court to Decide Union's Right to Contact Fair Share Payers

The California Supreme will decide a dispute between Los Angeles County and SEIU about the union's access to fair share payers' names, addresses, and telephone numbers.  In County of Los Angeles v. Los Angeles County Employee Relations Commission, the Court of Appeal decided "non-member public employees who have not disclosed their personal information to the Union are entitled to notice and an opportunity to object before disclosure." In its review, the Supreme Court will address two questions affecting all public employee unions in California:

1. Do the state constitutional privacy interests of non-union-member public employees outweigh the interests of the union representing them in obtaining their contact information?

2. Did the Court of Appeal err in directing the trial court to apply a specific notice procedure to protect such employees' privacy rights instead of permitting the parties to determine the proper procedure?