Elizabeth H. Dole, Secretary of Labor, United States Department of Labor v. Service Employees Union, Afl-Cio, Local 280

The Secretary of Labor (“the Secretary”) appeals the district court’s grant of a protective order limiting the manner in which the Department of Labor (“the Department”) may conduct its investigation of the Service Employees Union, AFL-CIO, Local 280 (“the Union”). The district court granted the protective order because it found that the investigation would interfere with the speech and associational rights of the Union members. We hold that the Union met its burden of establishing a prima facie case of first amendment infringement, and was entitled to a protective order. We hold further that the particular order issued by the district court was broader in scope than permissible. Accordingly, we affirm in part, reverse in part, and remand.

BACKGROUND

In April, 1986, the Los Angeles Area Administrator of the Labor-Management Reporting and Disclosure Act (LMRDA) initiated an investigation of the Union to determine whether Union officials had misused Union credit cards and altered financial records in violation of the LMRDA, 29 U.S.C. §§ 401-531 . As part of that investigation, in February, 1987, the Acting Area Administrator of the Department issued a subpoena duces tecum…