Ford Motor Company

National Labor Relations Board - Board Decisions

May 17, 2012

07-CA-069444 (N.L.R.B. May. 17, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FORD MOTOR COMPANY
and Case 07-CA-069444
INTERNATIONAL UNION, UNITED
AUTOMOBILE, AEROSPACE AND
AGRICULTURAL IMPLEMENT WORKERS
OF AMERICA (UAW), AFL-CIO, and its
LOCAL 600
and Case 07-CB-069458
MICHAEL CARTHAGE
ORDER1
The Employer’s petition to revoke subpoenas ad testificandum A-876361, A-
876362, A-876370, A-876382, and A-876384, and subpoena duces tecum B-618156 is
denied. The subpoenas seek testimony and information relevant to the matter under
investigation and describe 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
subpoenas.2 See generally NLRB v. North Bay Plumbing, Inc., 102 F.3d 1005 (9th Cir.

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 The Employer contends, inter alia, that the subpoenas are without legal effect
because the Presidential appointments of Board Members on January 4, 2012, were not
made during a legitimate Senate recess. For the reasons set forth in Center for Social
Change, Inc., 358 NLRB No. 24 (2012), we reject this argument.
In addition, to the extent that the Employer has provided some of the requested
material, it is not required to produce that information again, provided that the Employer
accurately describes which documents under subpoena it has already provided, states
whether those previously-supplied documents constitute all of the requested
documents, and provides all of the information that was subpoenaed.
2
1996); NLRB v. Carolina Food Processors, Inc., 81 F.3d 507 (4th Cir. 1996).
Dated, Washington, D.C., May 17, 2012
MARK GASTON PEARCE, CHAIRMAN
TERENCE F. FLYNN, MEMBER
SHARON BLOCK, MEMBER