MIDWEST TERMINALS OF TOLEDO INTERNATIONAL, INC.

National Labor Relations Board - Board Decisions

Jan 8, 2016

08-CA-155327 (N.L.R.B. Jan. 8, 2016)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MIDWEST TERMINALS OF
TOLEDO INTERNATIONAL, INC.
and Case 08-CA-155327
INTERNATIONAL LONGSHOREMEN’S
ASSOCIATION, LOCAL 1982
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-1-O179FN and
subpoenas ad testificandum A-1-O1893J and A-1-OIA0LX is denied. The subpoenas
seek information relevant to the matter 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).2 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.

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 Member Miscimarra agrees that the petition to revoke should be denied since the
Employer has failed to raise any meritorious grounds for revocation. In Member
Miscimarra’s view, however, consistent with his position in Christus St. Vincent Regional
Medical Center, 28-CA-149798 (Aug. 24, 2015), CCR Fire Protection, LLC, 15-CA-
134356 (Feb. 23, 2015), and International Union of Elevator Constructors (Otis
Elevator), 29-CB-084077 (Aug. 29, 2014), the instant subpoenas ad testificandum,
which only identify the case name and number, are deficient because they fail to state
with sufficient particularity the evidence being sought. Nevertheless, he concurs in the
denial of the petition to revoke in the absence of any objection to the subpoenas on this
basis.
2
Carolina Food Processors, Inc., 81 F.3d 507 (4th Cir. 1996).
Dated, Washington, D.C., January 8, 2016.
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER