BRUNER CORPORATION

National Labor Relations Board - Unpublished Board Decisions

Nov 12, 2015

09-CA-148668 (N.L.R.B. Nov. 12, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
BRUNER CORPORATION
and Case 09-CA-148668

INTERNATIONAL ASSOCIATION OF
SHEET METAL, AIR, RAIL AND
TRANSPORTATION WORKERS
LOCAL 24, AFL-CIO
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-1-MK7UZH is
denied. 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.2 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., November 12, 2015.
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER
LAUREN McFERRAN, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 With respect to subpoena par. 4, we observe that the subpoena cannot compel the
Employer to produce information it does not possess. However, the subpoena does
compel the Employer to conduct a thorough search for the requested information, much
of which appears to be of the type that would normally be maintained in the regular
course of the Employer’s business, and to compile the information into document form
for submission, if necessary. Further, with respect to requested information not in the
Employer’s possession or control, the subpoena compels the Employer to seek such
information from its subcontractors, if necessary. If the information does not exist, the
Employer must affirmatively represent this fact to the Region.