General Dynamics - NASSCO

National Labor Relations Board - Unpublished Board Decisions

Apr 2, 2012

21-CA-064325 (N.L.R.B. Apr. 2, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
GENERAL DYNAMICS – NASSCO
and Cases 21-CA-064325
21-CA-064509
INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, 21-CA-064531
IRON SHIP BUILDERS, BLACKSMITHS, FORGERS
AND HELPERS, AFL-CIO, INTERNATIONAL
BROTHERHOOD OF BOILERMAKERS, IRON SHIP
BUILDERS, BLACKSMITHS, FORGERS AND HELPERS
and INTERNATIONAL BROTHERHOOD OF BOILERMAKERS
ORDER1
The Employer’s petition to revoke subpoena ad testificandum A-886720 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 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. 1996); NLRB
v. Carolina Food Processors, Inc., 81 F.3d 507 (4th Cir. 1996).
Dated, Washington, D.C., April 2, 2012.
MARK GASTON PEARCE, CHAIRMAN
BRIAN E. HAYES, MEMBER
RICHARD F. GRIFFIN, JR., MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 Member Hayes would hold the petition in abeyance for thirty days to provide the
Region an opportunity to file a supplemental opposition explaining what further evidence
is necessary to determine if a complaint should issue, and why such evidence can only
be obtained through the testimony of the Employer’s supervisor.