AT & T

National Labor Relations Board - Unpublished Board Decisions

Jan 6, 2010

34-CA-012403 (N.L.R.B. Jan. 6, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
AT&T EAST
and Case 34-CA-12403
LOCAL 1298, COMMUNICATIONS
WORKERS OF AMERICA, AFL-CIO
ORDER'
AT&T East's petition to revoke subpoena duces tecum B-569320 is denied. The
subpoena seeks information relevant to the matters 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 Petitioner
has failed to establish any other legal basis for revoking the subpoenas. 2 See
generally, NLRB v. North Bay Plumbing, Inc.,. 102 F.3d 1005 (9" Cir. 1996); NLRB v.
1 Effective midnight December 28, 2007, Members Liebman, Schaumber, Kirsanow,
and Walsh delegated to Members Liebman, Schaumber, and Kirsanow, as a three-
member group, all of the Board's powers in anticipation of the expiration of the terms of
Members Kirsanow and Walsh on December 31, 2007. Pursuant to this delegation,
Chairman Liebman and Member Schaumber constitute a quorum of the three-member
group. As a quorum, they have the authority to issue decisions and orders in unfair
labor practice and representation cases. See Sec. 3(b) of the Act. See Nafficot
Industries, L.P. v. NLRB,-F.3d-, 2009 WL 4016113 (4th Cir. Nov. 20, 2009); Snell
Island SNF LLC v. NLRB, 568 F.3d 410 (2d Cir. 2009), petition for cert. filed 78
U. S. L.W. 3130 (U. S. Sept. 11, 2009) (No. 09-328); New Process Steel v. NLRB, 564
F.3d 840 (7th Cir. 2009), cert. granted S.Ct._, 2009 WL 1468482 (U.S. Nov. 2,
2009); Northeastern Land Services v. NLRB, 560 F. 3d 36 (1 st Cir. 2009), petition for
cert. filed 78 U.S.L.W. 3098 (U.S. Aug. 18, 2009) (No. 09-213); Teamsters Local 523 v
NLRB, _ F. 3d _, 2009 WL 4912300 (1 Ot' Cir. Dec. 22, 2009). But see Laurel Baye
Healthcare of Lake Lanier, Inc. v. NLRB, 564 F.3d 469 (D.C. Cir. 2009), petition for cert.
filed 78 U.S.L.W. 3185 (U.S. Sept. 29, 2009) (No. 09-377).
2 To the extent that the Employer has already provided the Region with documents
encompassed by this subpoena, it is not required to again provide them.
Carolina Food Processors, Inc., 81 F.3d 507 (4" Cir. 1996).
Dated, Washington, D.C., January 6, 2010
WILMA B. LIEBMAN, CHAIRMAN
PETER C. SCHAUMBER, MEMBER