United States Postal Service

National Labor Relations Board - Board Decisions

Jul 12, 2016

20-CA-161987 (N.L.R.B. Jul. 12, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED STATES POSTAL SERVICE
and Case 20-CA-157411
BRADFORD LOUIS
and Case 20-CA-161987
CHRISTIAN EINFELDT
ORDER1
The Employer’s petition to partially revoke subpoena duces tecum B-1-QVUGNP
is denied as untimely. Section 11(1) of the Act and Sections 102.31(b) and 102.111 of
the Board’s Rules and Regulations require that a petition to revoke an investigative
subpoena must be filed within 5 days after the date of service of the subpoena. The
subpoena here was served on March 21, 2016. Thus, the petition, which was filed May
11, 2016, is untimely.
Moreover, even assuming that the petition was timely filed, it is lacking in merit.
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, and the
Employer has failed to establish any other legal basis for revoking the subpoena.2 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 Contrary to the Employer’s position, we find that both USPS Standard Routine Use
No. 2, and Exception 7 of the Privacy Act, 5 U.S.C. § 552a(b)(7), permit disclosure of
the information requested in subpoena paragraphs 6, 7, and 8.
2
Carolina Food Processors, Inc., 81 F.3d 507 (4th Cir. 1996).
Dated, Washington, D.C., July 12, 2016
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER
LAUREN MCFERRAN, MEMBER