Affiliated Computer Services, Inc., a Xerox Company d/b/a ACS, a Xerox Company

National Labor Relations Board - Unpublished Board Decisions

Jun 8, 2011

12-CA-026970 (N.L.R.B. Jun. 8, 2011)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ACS/XEROX
and Case 12-CA-26970
SAM BUHROW
ORDER1
The petition to partially revoke subpoena duces tecum B-563394 filed by
ACS/Xerox is denied.2 The subpoena seeks information relevant to the matter under
investigation and describes with sufficient particularity the evidence sought, as required
by Section 11(1) of the Act and Section 102.31(b) of the Board’s Rules and Regulations.
Further, the Employer has failed to establish any other legal basis for revoking the
subpoena. See generally NLRB v. North Bay Plumbing, Inc., 102 F.3d 1005 (9th Cir.
1996); NLRB v. Carolina Food Processors, Inc., 81 F.3d 507 (4th Cir. 1996).
Dated, Washington, D.C., June 8, 2011.
WILMA B. LIEBMAN, CHAIRMAN
MARK GASTON PEARCE, MEMBER
BRIAN E. HAYES, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 In considering the petition to revoke, we have evaluated the subpoena as modified by
the Region in its opposition brief. With respect to the Employer’s stated concerns about
confidentiality, we find that it has failed to explain why the procedure set forth in
paragraph 13 of the subpoena’s Definitions and Instructions is not sufficient to address
its concerns. However, if its concerns can be substantiated, the Employer may seek,
and, in its discretion, the Region may enter into, a confidentiality agreement protecting
the information from disclosure during the investigative phase of this case.