Aramark Uniform Services, Inc.

National Labor Relations Board - Unpublished Board DecisionsMay 18, 2010

32-CA-024857 (N.L.R.B. May. 18, 2010)

UNITED STATES GOVERNMENT BEFORE THE NATIONAL LABOR RELATIONS BOARD ARAMARK UNIFORM SERVICES, INC., and Case 32-CA-24857 WESTERN STATES REGIONAL JOINT BOARD, LOCAL 3 ORDER The petition to revoke subpoena duces tecum B-630440 is denied. 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 (91h Cir. 1996); NLRB v. Carolina Food Processors, Inc., 81 F.3d 507 (4 1h Cir. 1996). Specifically, the petition seeks the revocation of Paragraph 2 of the subpoena, based on the assertion that the requested documents are protected from production by the attorney work product doctrine.' However, the Petitioner has failed to meet its burden of establishing that the requested information is not subject to disclosure because it constitutes protected work product. See Dole v. Milonas, 889 F. 2d 885, 888-89 (9th Cir. 1989) (party asserting a privilege bears the burden of proving it is applicable). And, "a blanket claim of the existence of [a] privilege is insufficient to meet 1 Paragraph 2 requests the production of "[d]ocuments, including but not limited to security guard logs, witness statements, notes, letters, reports and/or memoranda ...... The petition specifically excluded the request for security guard logs. the burden." Jones v. Boeing Co., 163 F.R.D. 15, 17 (D. Kan. 1985), citing In re Grand 2Jury Subpoena, 831 F.2d 225, 228 (11" Cir. 1987). Dated, Washington D.C., May 18, 2010. WILMA B. LIEBMAN, CHAIRMAN PETER C. SCHAUMBER, MEMBER CRAIG BECKER, MEMBER 2 The subpoena instructions, item N, detail how the Respondent may seek to establish a privilege.