International Union of Operating Engineers Local 627

National Labor Relations Board - Board Decisions

Aug 10, 2016

17-CB-072671 (N.L.R.B. Aug. 10, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL 627
and Case 17-CB-072671
STACY M. LOERWALD
ORDER1
The Union’s petition to revoke and motion to quash subpoena duces tecum B-1-
RIXX41 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.
Further, the Union has failed to establish any other legal basis for revoking the
subpoena. 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., August 10, 2016.
MARK GASTON PEARCE, CHAIRMAN
KENT Y. HIROZAWA, MEMBER
LAUREN MCFERRAN, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 To the extent that the Union has provided some of the requested material, it is not
required to produce that information again, provided that the Union 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.