Nissan North America, Inc.

National Labor Relations Board - Board Decisions

Oct 28, 2016

15-CA-171184 (N.L.R.B. Oct. 28, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
NISSAN NORTH AMERICA, INC.,
and Cases 15-CA-171184
15-CA-175295
INTERNATIONAL UNION, AUTOMOBILE,
AEROSPACE AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA (UAW),
AFL-CIO
KELLY SERVICES, INC.
and Cases 15-CA-171197
15-CA-175297
INTERNATIONAL UNION, AUTOMOBILE,
AEROSPACE AND AGRICULTURAL
IMPLEMENT WORKERS OF AMERICA (UAW),
AFL-CIO
ORDER
Petitioner Nissan North America, Inc.’s Petition to Revoke subpoena duces
tecum B-1-SHQQ1N is denied, and the Petitioner’s request to strike the Charging
Party’s opposition to the petition to revoke is also denied. The subpoena seeks
information relevant to the matters 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 Petitioner has failed to
establish any other legal basis for revoking the subpoena.1 See generally, NLRB v.

1 To the extent that the Petitioner has provided some of the requested material, it is not
required to produce that information again, provided that the Petitioner accurately
describes which documents under subpoena it has already provided, states whether
those previously-supplied documents constitute all of the requested documents, and
provides all of the information that was subpoenaed.
2
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 28, 2016
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
LAUREN McFERRAN, MEMBER

To the extent that the Petitioner asserts that no responsive documents exist for
certain subpoena paragraphs, we note that the subpoena cannot compel the Petitioner
to produce evidence that it does not possess, but the Petitioner is required to conduct a
reasonable and diligent search for all of the requested evidence. As to requested
evidence that the Petitioner determines it does not possess, the Petitioner must
affirmatively represent to the Region that no responsive evidence exists.
Member Miscimarra would grant the petition to revoke as to paragraphs 1 and 2
(requesting employee handbooks and guides) except for those handbook provisions
that reasonably relate to the charge allegations regarding unlawfully overbroad policies.
See Allied Waste Services of Massachusetts, LLC, Cases 01-CA-123082, -126843
(Dec. 31, 2014).