For decades, Wal-Mart has used Flagler Productions, a small company based in Kansas, to record their internal meetings. In 2006, Wal-Mart suddenly stopped using their services - wiping out about 95% of their total business. As a consequence, Flagler is struggling to stay afloat and recently made the decision to open its archives to attorneys, unions, activists, and anybody else with a few bucks in their pocket. Needless to say, Wal-Mart is not happy. So, what exactly is on the tapes? From the KC Star:
Those moments never meant for public display include a scene of male managers parading in drag at an executive meeting, a clip used by union-backed critics at Wal-Mart Watch for a recent advertisement castigating the retailer's attitude toward female employees.
"The videos provide insight into the company's real corporate culture when they're not in the public eye," Wal-Mart Watch spokeswoman Stacie Lock Temple said Tuesday.
Much of the interest in the candid videos is coming from plaintiff lawyers pursuing cases against Wal-Mart.
"The rarity is that it exists at all," said Brad Seligman, lead attorney in a massive class-action lawsuit that alleges Wal-Mart discriminated systemically against female employees.
"Once in a while you come upon documents that are helpful in a case," the Berkeley, Calif.-based lawyer added. "What's amazing about this is that this company has a video record going back many years showing senior management in at times fairly candid situations."
It's a dream come true for plaintiffs and attorneys who are suing Wal-Mart. But, what does Wal-Mart think about the archives being sold? As you might imagine, they are not amused.
"Needless to say, we did not pay Flagler Productions to tape internal meetings with this aftermarket in mind," Wal-Mart spokeswoman Daphne Moore said.
She declined to comment on any legal steps the company might be considering.
Flagler says Wal-Mart has no legal power over the videos because the two sides did not sign a contract when founder Mike Flagler was hired in the 1970s to produce Wal-Mart meetings and management conferences.
Ouch! Wal-Mart forgot to sign a contract spelling out the terms of their production services. I've leave it up to the legal eagles on this board to offer a more informed opinion, but this can't be good.....for Wal-Mart. The article notes there are periodic discussions with Wal-Mart in regards to buying the archive outright. So, if you have an interest in the collection, you'd better get in touch with them sooner than later. In the meantime, strike one for the little guy!