Latino Express, Inc.

National Labor Relations Board - Unpublished Board Decisions

Nov 27, 2012

13-CA-077678 (N.L.R.B. Nov. 27, 2012)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
LATINO EXPRESS, INC.
and Case 13-CA-077678
TEAMSTERS LOCAL UNION NO. 777,
AFFILIATED WITH THE INTERNATIONAL
BROTHERHOOD OF TEAMSTERS, AFL-CIO
ORDER1
The Request for Special Permission to Appeal Administrative Law Judge David I.
Goldman’s rulings denying the motion to intervene filed by decertification petitioner
Ramiro Lopez and other employees, and the petition to revoke the Acting General
Counsel’s subpoena ad testificandum A-909671 filed by their attorney, Matthew
Muggeridge, is denied.
We find that the judge’s denial of the motion to intervene was not an abuse of
discretion, as it falls within established precedent concerning decertification petitioners’
requests to intervene in unfair labor practice proceedings. We further find that the
judge’s denial of the petition to revoke the subpoena ad testificandum was not an abuse
of discretion, as the subpoena seeks information relevant to the matters at issue, and
counsel for the Acting General Counsel has affirmatively stated that he is not seeking
testimony that is protected by the attorney-client privilege or the attorney work-product
doctrine.2
Finally, we conclude that the judge’s October 22, 2012 Order clarifying his

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 Although we have affirmed the judge’s ruling on the subpoena, this of course does not
preclude the parties from entering into stipulations or agreeing to other measures that
would obviate the need for the attorney’s testimony.
2
original sequestration order as it applies to Muggeridge adequately accommodates his
clients’ interests in having him represent them.
Dated, Washington, D.C., November 27, 2012.
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER