Discoverable

I would expect so, but I'll put the 'legal' tag on the thread for someone else to pick up on.

It's impossible to answer that question without knowing who you are and under what circumstances the communication is being made. Normally, communications between clients and lawyers are privileged, but just sending something to a lawyer doesn't make it privileged. If you're the "client" of the company's legal department (meaning that you're an officer or director or a member of the company's "control group"), then such a communication could be privileged and not subject to discovery. If you're just some guy working for the company who sends stuff to the legal department, then it probably would be discoverable. Whether it would indicate knowledge by the company would be an entirely different matter.

Thanks Joe..I am an HR Manager....I was just told that even if I put attorney client priv on an email, if I am cascading info about an associate talking about a union it might be discoverable. Even if it is, I am still struggling with how my company could be at fault..unless the tie is made that we knew he was trying to form a union and thats how we stopped him(term)

Slapping "attorney-client privileged" on an e-mail doesn't make it privileged. Courts would look at the nature of the relationship between the sender and recipient and also whether the e-mail was actually seeking legal advice. As HR manager, you may be within the company's "control group," so you would be considered the law department's "client," but I can only guess at that. You may, therefore, want to get a legal opinion clarifying your relationship with the law department before you start sending them e-mails about union activities at the company.

In any event, taking steps to prevent an employee from forming a union is an unfair labor practice and could get your company into serious trouble, so if that's your intent, I'd encourage you to reconsider.