Midwest Terminals of Toledo International, Inc.

National Labor Relations Board - Board Decisions

Feb 15, 2018

08-CA-195939 (N.L.R.B. Feb. 15, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MIDWEST TERMINALS OF TOLEDO
INTERNATIONAL, INC.
and Case 08-CA-195939
INTERNATIONAL LONGSHOREMEN’S
ASSOCIATION, LOCAL 1982
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-1- XKCF47 and
subpoena ad testificandum A-1-XKD3DJ is denied. 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 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., February 15, 2018
MARVIN E. KAPLAN, CHAIRMAN
MARK GASTON PEARCE, MEMBER
WILLIAM J. EMANUEL, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.