Union Entitled To Home Addresses And Phone Numbers Of All Represented Employees, Including Those Who Have Not Joined Union.

A union claimed it was entitled to obtain the home addresses and phone numbers of all represented employees, including those who have not joined the union. The California Supreme Court agreed that the union does have the right to that information, stating:  “Whether the right to privacy under Article I, Section 1 of the California Constitution prohibits disclosure is a question of first impression.  We conclude that, although the County’s employees have a cognizable privacy interest in their home addresses and telephone numbers, the balance of interests strongly favors disclosure of this information to the union that represents them.  Procedures may be developed for employees who object to this disclosure.” However, the Supreme Court said, and the parties agreed, the Court of Appeal overstepped its authority by ordering the union to implement specific notice and opt-out procedures. Citing Code of Civil Procedure section 1094.5,  the California Supreme Court noted that when reviewing administrative orders and decisions, a court can deny the writ or grant it and set aside the decision, “but it cannot ‘limit or control in any way the discretion legally vested in’ the agency.” County of Los Angeles v. Los Angeles County Employee Relations Commission (Service Employees International Union, Local 721) (Cal. Sup. Ct.; May 30, 2013) 56 Cal.4th 905.