Duncan & Son Lines, Inc.

National Labor Relations Board - Unpublished Board Decisions

Sep 5, 2012

28-CA-079700 (N.L.R.B. Sep. 5, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
DUNCAN & SON LINES
and Case 28-CA-079700
GENERAL TEAMSTERS (EXCLUDING MAILERS)
STATE OF ARIZONA, LOCAL UNION NO. 104
ORDER1
The Employer’s petition to revoke portions of subpoena duces tecum B-633423
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 (9th Cir. 1996); NLRB
v. Carolina Food Processors, Inc., 81 F.3d 507 (4th Cir. 1996).2
Dated, Washington, D.C., September 5, 2012
MARK GASTON PEARCE, CHAIRMAN
BRIAN E. HAYES, MEMBER
SHARON BLOCK, 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 in light of the
Region’s statement regarding paragraph 1 that “to the extent the request sought
cumulative documents or multiple categories of documents that would show the same
information, the Region was willing to limit the request to any – but not necessarily all –
documents that would reflect [employee] Petriw’s whereabouts, for work-related
purposes, from February to April 2012, in order to avoid duplicity.” Opposition brief, p.
5, fn. 3. We find that this limitation should also apply to the documents requested in
paragraph 2, which the Region acknowledges seeks the same information regarding
employee Jenner since January 1, 2012.