CATERPILLAR LOGISTICS, INC.Download PDFNational Labor Relations Board - Board DecisionsJan 22, 201409-CA-110687 (N.L.R.B. Jan. 22, 2014) Copy Citation UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS B OARD CATERPILLAR LOGISTICS, INC. and Case 09-CA-110687 INTERNATIONAL UNION, UNITED AUTOMOBILE AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, AFL-CIO ORDER1 The Employer’s petition to revoke subpoena duces tecum B-711297 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., January 22, 2014. 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. In addition, with respect to the Employer’s argument that the subpoena unreasonably requires its representative to deliver the requested document to the Regional Office in person, we note that the Region has offered to accept delivery by mail or e-mail. Copy with citationCopy as parenthetical citation