CATERPILLAR, INC.

National Labor Relations Board - Unpublished Board Decisions

Dec 26, 2013

09-CA-110247 (N.L.R.B. Dec. 26, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS B OARD
CATERPILLAR LOGISTICS, INC.
and Case 09-CA-110247
INTERNATIONAL UNION, UNITED
AUTOMOBILE AEROSPACE AND
AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA, AFL-CIO
ORDER1
The Employer’s petition to revoke in part subpoena duces tecum B-711298 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.2 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 26, 2013.
MARK GASTON PEARCE, CHAIRMAN
HARRY I. JOHNSON, III, MEMBER
NANCY SCHIFFER, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 To the extent that the Employer has already provided the Region with documents
encompassed by this subpoena, it is not required to produce that information again,
provided that the Employer 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.