Midwest Terminals of Toledo International, Inc.

National Labor Relations Board - Unpublished Board Decisions

Oct 17, 2018

08-CA-204544 (N.L.R.B. Oct. 17, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MIDWEST TERMINALS OF TOLEDO
INTERNATIONAL, INC.
and Cases 08-CA-204544
08-CA-207472
08-CA-208319
08-CA-211702
08-CA-212483
INTERNATIONAL LONGSHOREMEN’S
ASSOCIATION, LOCAL 1982
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-1-11SCL53 and
subpoenas ad testificandum A-1-11SDH5L and A-1-11SDRD3 is denied.2 The
subpoenas seek information relevant to the matters under investigation and describe
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. See Postal Workers Local
64 (USPS), 340 NLRB 912 (2003); Offshore Mariners United, 338 NLRB 745 (2002).
Further, the Employer has failed to establish any other legal basis for revoking the

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 In denying the petition, we have considered the subpoenas in light of the Region’s
statement in its opposition brief that, based on the Employer’s supplemental position
statement in Case 08-CA-207472, the Region is no longer seeking the documents
requested in pars. 1, 4, 5, 7, 8, 9, and the portion of par. 3 that seeks gate logs for
December 26 and December 28, 2017, in subpoena duces tecum B-1-11SCL53;
testimony regarding pars. 8 through 12 in subpoena ad testificandum A-1-11SDH5L; or
testimony regarding pars. 5 through 18 in subpoena ad testificandum A-1-11SDRD3.
We further note that the Region dismissed the charge in Case 08-CA-207472 on July
31, 2018, subsequent to the issuance of the instant subpoenas.
2
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).
Dated, Washington, D.C., October 17, 2018.
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER