FRCP 26(c)(7) Protects From Disclosure Internal Strategy Information Concerning Collective Bargaining Negotiations

Winnett v. UAW, __F.Supp. 2d ___, 2008 U.S. Dist. Lexis 9167 (M.D. Tenn. Feb. 6, 2008)(registration required), is a major labor law decision which held that FRCP 26(c)(7) protects from disclosure internal strategy information concerning collective bargaining negotiations.

In this case, the employer sought to subpoena an arrary of internal information from the union about negotiations. The underlying action was for breach of contract and the employer presumably sought information about what lead up to certain contractual provisions.

Interestingly, the union did not argue that this information was protected as privileged under FRCP 26(b), but instead sucessfully argued that a protective order was necessary to protect confidential and sensitive information under FRCP 26(c)(7).

I am presenting putting the finishing touches on a law review article about whether a labor union privilege exists and this is an important case which I now have to include. My article should be out this summer in the Berkeley Journal of Labor and Employment Law.

Mitchell H. Rubinstein