California Supreme Court: Los Angeles County Must Disclose Non-Union Employees' Contact Information

Author: Melissa Gonzalez Boyce, XpertHR Legal Editor

July 10, 2013

California public employers may be required to provide unions operating under an "agency shop" agreement with the home addresses and phone numbers of all employees, even non-union employees, according to a recent California Supreme Court ruling. County of Los Angeles v. Los Angeles County Employee Relations Com., 56 Cal. 4th 905 (Cal. 2013). The Court held that Los Angeles County must supply Service Employees International Union, Local 721 (the Union), the exclusive bargaining representative of all Los Angeles County (the County) employees, with the contact information of all employees in the bargaining unit because such information is fundamental to the Union's ability to perform its collective bargaining duties and communicate fully with all employees. The Court noted that the Union is entitled to such information even when employees are not Union members and pay only the agency fees.

The case arose when the Union requested the home addresses and phone numbers of all represented employees, even those who were not members of the Union. Under the "agency shop" agreement between the County and the Union, all employees are required to either join the Union or pay a fair share or an agency shop fee, as a condition of employment.

Noting that a recognized bargaining agent represents all employees, whether the employees are union members or not, the Court determined that the employees' reasonable expectation of privacy was outweighed by the Union's interest in carrying out its duties. The Court observed that merely communicating with employees via union meetings and worksite visits by union representatives is often inadequate.

Importantly, the Court added that employers and unions may bargain for a notice or opt-out procedure in collective bargaining agreements that would notify employees that their contact information is subject to disclosure to a union or other third parties and allow employees to request nondisclosure.