AB 1564: Employer-employee relations: confidential communications.
The bill aims to protect the confidentiality of communications between employees and their representatives in the context of labor relations. A public employer is prohibited from questioning or compelling a public employee or representative to disclose confidential communications made in connection with representation. This protection applies to recognized employee organizations and their representatives. The bill does not apply to criminal investigations or situations involving public safety officers under certain circumstances. The goal of the bill is to safeguard the rights of employees and their representatives to freely communicate without fear of reprisal.
| Aug. 13, 2026 | In committee: Held under submission. |
| Aug. 03, 2026 | In committee: Referred to APPR. suspense file. |
| Jul. 01, 2026 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 1.) (June 30). Re-referred to Com. on APPR. |
| Jun. 24, 2026 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (June 24). Re-referred to Com. on JUD. |
| Jun. 22, 2026 | Joint Rule 62(a) suspended. (Ayes 27. Noes 7. Page 4897.) |
| Amended IN Assembly May 18, 2026 |
| Amended IN Assembly February 25, 2026 |
| Introduced by Assembly Member Ahrens |
January 12, 2026 |
LEGISLATIVE COUNSEL'S DIGEST
The people of the State of California do enact as follows:
The Legislature finds and declares all of the following:
(a)There is a strong public interest in encouraging public employees to communicate fully and frankly with their union representatives regarding matters within the scope of representation, such as grievances, disciplinary proceedings, and working conditions, to ensure effective advocacy and protection of employee rights. The expectation of confidentiality for these communications is essential to prevent a chilling effect on protected concerted activities. Without this protection from employer interference, employees would be hesitant to seek or provide candid information to their representatives, undermining the core functions of employee organizations.
(b)It is the intent of the Legislature, in enacting this act, to codify longstanding Public Employment Relations Board (PERB) precedents prohibiting public employers from interfering with confidential communications between public employees and their union representatives regarding matters within the scope of representation by making this interference an unfair labor practice enforceable through PERB.
(c)Claims of significant one-time costs, including those estimated for the California Community Colleges or other agencies, for policy or training updates are unfounded, as they reflect preexisting obligations under PERB precedents rather than new requirements imposed by this act. Codification provides clear statutory notice to employers, enhancing uniform compliance across jurisdictions, including local governments, schools, state agencies, and higher education, and minimizing ad hoc disputes or litigation over PERB’s contextual analyses.
(d)Updates to trainings, policies, or related materials, if any, would occur in the ordinary course of administrative compliance with current PERB precedents or during routine collective bargaining cycles, without costs attributable to this act. Memoranda of understanding do not typically recite labor relations statutes verbatim and are enforced through PERB processes rather than grievances, so no mandatory revisions or fiscal impacts arise from codification.
(e)This act is expected to yield fiscal savings for public employers and the state by promoting compliance with existing law, reducing unintentional violations, and thereby decreasing the number of unfair labor practice charges, grievances, PERB proceedings, cease-and-desist remedies, backpay awards, attorney’s fees, and related litigation costs that currently stem from ambiguities in applying case-specific PERB decisions.
(f)This act does not expand PERB’s workload or create new categories of claims.
SEC. 2.SECTION 1.
3558.9.
(a) (1) A public employer shall not question a public employee, a representative of a recognized employee organization, or an exclusive representative regarding communications made in confidence between a public employee and the representative in connection with representation relating to any matter within the scope of the recognized employee organization’s representation.