I.A.T.S.E., Local 494 (Goliath Productions Puerto Rico, LLC c/o La Concha Hotel)

National Labor Relations Board - Unpublished Board Decisions

May 7, 2010

24-CB-002705 (N.L.R.B. May. 7, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
INTERNATIONAL ALLIANCE OF
THEATRICAL STAGE EMPLOYEES,
LOCAL 494 (GOLIATH PRODUCTIONS
PUERTO RICO, LLC)
and Case 24-CB-2705
VICTOR GONZALEZ
ORDER'
The Petition to Revoke Subpoena Duces Tecum B-579172 filed by International
Alliance of Theatrical Stage Employees, Local 494 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. To the extent that the subpoena
requests dues information for all Union members from January 2007 to the present, the
Petitioner may alternatively produce documents showing dues, initiation fees, and work
assessments for any Union represented employees working on the productions on
which Victor Gonzalez was employed beginning January 2007 to the present. The
Petitioner has failed to establish any other legal basis for revoking the subpoena. See
The National Labor Relations Board has delegated its authority in this proceeding
to a three-member panel.
generally, NLRB v. North Bay Plumbing, Inc., 102 F.3d 1005 (9" Cir. 1996); NLRB v.
2Carolina Food Processors, Inc., 81 F.3d 507 (4" Cir. 1996).
Dated, Washington D.C., May 7, 2010.
WILMA B. LIEBMAN, CHAIRMAN
PETER C. SCHAUMBER, MEMBER
CRAIG BECKER, MEMBER
2 To the extent that the Petitioner has already provided the requested documents,
the Petitioner is not required to provide duplicates of documents that it has already
given the Region.
The Petitioner argues that subpoena paragraph 3 should be revoked because it
seeks documents that do not exist, and it is not required to create any documents in
response to this request. Paragraph 3 seeks "[t]hose documents showing the process
followed when the Union requests the discharge of an employee for failing to pay
financial obligation [sic] to the Union." Although we agree that the Petitioner is not
required to create responsive documents, we find that the subpoena request is properly
directed to any existing documents relevant to the implementation of the procedure in
place for requesting the discharge of an employee for failing to fulfill financial obligations
to the Union. Accordingly, the request seeks responsive documents in addition to the
constitution, by-laws, and collective-bargaining agreement that the Union has already
produced, such as communications to employees or members, or internal memoranda.
If such documents exist, the Union should produce them, and if not, the Union should
clearly state that no additional responsive documents exist.
2