Greif Packaging, LLC

National Labor Relations Board - Unpublished Board Decisions

Aug 6, 2012

32-CA-075985 (N.L.R.B. Aug. 6, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
GREIF PACKAGING, LLC
and Case 32-CA-075985
TEAMSTERS LOCAL UNION NO. 948
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS
ORDER1
The Petition to Revoke subpoena ad testificandum A-894457 and subpoena
duces tecum B-616974, addressed to Victor Valle, is denied because the Petitioner,
Greif Packaging, LLC does not have standing to file a petition to revoke a subpoena that
is addressed to a third party except if it asserts that the requested information is
protected by a privilege or a right of privacy.2
Dated, Washington, D.C., August 6, 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 “Ordinarily a party has no standing to seek to quash a subpoena issued to someone
who is not a party to the action unless the party claims some personal right or privilege
with regard to the documents sought.” In re Grand Jury Subpoena John Doe, No.
05GJ1318, 584 F.3d 175, 184 n. 14 (2009) citing 9A Wright & Miller, Federal Practice
and Procedure §2459 (1995).
Chairman Pearce additionally would deny the petition to revoke on the bases that
the subpoenas seeks information relevant to the matters under investigation and the
Petitioner failed to establish any other legal basis for revoking the subpoenas. 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).