Legal Question in Administrative Law in California

Re: audio tape recording

I have very limited knowledge in this area. I would agree with Mr. Whipple, except I think that the restriction on tape recording may only apply when you are in a place where you have a reasonable expectancy of privacy, such as talking on the phone. When news reporter tape someone talking or police us a "wire", they do not tell anyone that they are taping what is said. So it iw possible at the uniion meeting you might be able to tape it without telling anyone.

Re: audio tape recording

I think the answer is that everyone in the room would have to be advised - it couldn't be done secretly - and in effect, it would require everyone's at least tacit consent, because anyone who objected could walk out or at least refuse to speak up. This is speaking from a legal point of view. From another point of view, a union meeting is a private gathering, and the people who organize and host private gatherings are generally permitted to make the rules. If you, or the union, were to bring the matter to court, there seems to be a good possibility that the judge would dismiss the case on the basis that the issue was not suitable for judicial determination. It would be like a would-be patron suing a restaurant for not letting him in because he wasn't wearing a shirt and shoes, or a restaurant suing a patron for coming in without shirt and shoes. It's a dispute over rights, but unsuitable for the courts to determine.