February 26, 2008, 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), a
union agent, 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 union agent acquired in the course of his or her
professional duties or while acting in his or her representative
capacity.
(2) A union agent 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 union
agent in his or her personal or official representative capacity,
the international or local union, an affiliated or subordinate body
of the international or local union, 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.