Lockheed Martin

National Labor Relations Board - Board Decisions

Dec 23, 2013

15-CA-018892 (N.L.R.B. Dec. 23, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
LOCKHEED MARTIN SPACE SYSTEMS
COMPANY MICHOUD OPERATIONS
and Case 15-CA-018892

MARK JAMES
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-709154 is denied.2
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
Employer 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).
Dated, Washington, D.C., December 23, 2013.
MARK GASTON PEARCE, CHAIRMAN
HARRY I. JOHNSON, III, MEMBER
NANCY SCHIFFER, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 The Employer’s objections concerning those subpoena requests that date back 17
years have been fully considered. Although ordinarily such requests would be
overbroad, in this case, we reject the Employer’s argument. The Employer produced
such documents itself to defend against the claims in the underlying arbitration, and had
been on notice for nearly a year and a half that the Region required such documents for
its investigation. Thus, the Employer had sufficient time to produce them.