HA Management and Oahu Publications Incorporated as joint and/or single employers doing business as

National Labor Relations Board - Unpublished Board DecisionsFeb 24, 2011

37-CA-008074 (N.L.R.B. Feb. 24, 2011)

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD HA MANAGEMENT AND OAHU PUBLICATIONS INC. AS JOINT AND/OR SINGLE EMPLOYERS d/b/a THE HONOLULU ADVERTISER and Cases 37-CA-8074 37-CA-8182 INTERNATIONAL LONGSHORE 37-CA-8184 AND WAREHOUSE UNION LOCAL 142 37-CA-8185 37-CA-8186 37-CA-8187 37-CA-8188 37-CA-8197 37-CA-8216 and HAWAII PRINTING AND GRAPHIC 37-CA-8090 COMMUNICATIONS UNION, 413-N; 37-CA-8115 GRAPHIC COMMUNICATION CONFERENCE/ 37-CA-8191 INTERNATIONAL BROTHERHOOD OF 37-CA-8208 TEAMSTERS LOCAL 501-M 37-CA-8212 and HAWAII NEWSPAPER GUILD, LOCAL 39117 37-CA-8194 CWA, AFL-CIO, CLC 37-CA-8195 and HAWAII TYPOGRAPHICAL UNION 37 37-CA-8196 LOCAL 14921 CWA, AFL-CIO ORDER1 The Employer’s petition to revoke subpoena duces tecum B- 561658 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) 1 The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. 2 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. 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., February 24, 2011 CRAIG BECKER, MEMBER MARK GASTON PEARCE, MEMBER BRIAN E. HAYES, MEMBER 2 In it petition to revoke, the Employer submits that the subpoena seeks “confidential and proprietary information which would jeopardize the business operations of OPI.” The Employer has failed to substantiate the need for confidentiality of the requested information because it has not identified the specific documents that it seeks to shield from disclosure and the specific harm that would flow from such disclosure. However, if its concerns can be substantiated, the Employer may seek, and, in its discretion, the Region may enter into, a confidentiality agreement protecting the information from disclosure during the investigative phase of this case.