By Matt Tomsic
mtomsic@scbiznews.com
Published July 28, 2011

The Boeing Co. has requested a protective order Monday in a case brought against the company by the National Labor Relations Board, arguing the order is necessary to protect Boeing's confidential commercial and proprietary information.

A Boeing 787 is under final assembly at the company's plant in Everett, Wash. (Photo/File)

The NLRB also filed a separate request for a protective order.

Boeing and the NLRB are arguing the motion today in Seattle, according to a news release from the International Association of Machinists and Aerospace Workers, the union that filed the first charge against Boeing for opening its 787 final assembly and delivery facility in North Charleston.

In its request, Boeing argues the parties involved in the case should be the only people to see information about trade secrets, research, business strategies and private information about the company's taxes and financials, among other categories of information. Boeing requested that information be labeled “confidential” and not be released to the public.

The aerospace company also requested certain documents be considered “highly confidential,” which would include information that could harm Boeing during its dealings with the Machinists union.

Highly confidential material includes asset allocation; studies of work placement; aircraft assembly rate information; nonpublic financial data and contracts with subcontractors, among other categories of information. Boeing argues highly confidential material could only be given to the NLRB and should be withheld from the Machinists.

The NLRB also requested a separate protective order, arguing the protective order should balance each party’s due process, the public’s right to attend the hearing and logistical issues of presenting evidence.

The labor relations board requests that Boeing, the NLRB and the Machinists union have an opportunity to argue whether material should be kept from the public before the material comes forward during the hearing, according to court documents.

The NLRB’s order, if adopted, would require attorneys to stamp “confidential” on each page of the document, would require Boeing to provide a factual basis to keep the information confidential and would allow the NLRB and Machinists to challenge any attempt to designate documents as confidential.

The administrative law judge would determine whether the information should remain confidential.

The union pledged to fight Boeing’s requested protective order.