The agency shall preserve the confidentiality of certain records, as follows:

(1) To protect the privacy of individual employees, the agency shall not disclose evidence furnished as a showing of interest in support of a representation petition or motion for intervention.

(2) To respect the confidential nature of mediation, the agency shall not disclose notes and memoranda made by any member of the commission or agency staff as a recording of communication made or received while acting in the capacity of a mediator between the parties to a labor dispute.