MOYNO, INC.

National Labor Relations Board - Unpublished Board Decisions

Dec 5, 2012

09-CA-086468 (N.L.R.B. Dec. 5, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MOYNO, INC.
and Case 09-CA-086468
UNITED AUTOMOBILE, AEROSPACE AND
AGRICULTURAL IMPLEMENT WORKERS
OF AMERICA (UAW) LOCAL NO. 902
ORDER1
The Employer’s partial petition to revoke subpoena duces tecum B-643383 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 5, 2012
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 The Employer has agreed to provide the Region with the Temporary Services
Agreement with Strom Engineering, and all emails that actually establish and/or amend
that Agreement. It petitions to revoke the subpoena insofar as it seeks all additional
emails concerning the Agreement.