CB&I, INC.

National Labor Relations Board - Board Decisions

Jan 10, 2013

06-CA-089693 (N.L.R.B. Jan. 10, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CB&I, INC.
and Case 06-CA-089693
INTERNATIONAL BROTHERHOOD
OF BOILERMAKERS, LOCAL 667
ORDER
The Employer’s petition to revoke subpoena duces tecum B-665611 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.1 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 10, 2013
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER

1 In denying the Employer’s petition to revoke, we consider the subpoena as modified
by the Region’s limitations on Paragraphs 1, 2, and 5, as stated in the Region’s
opposition to the petition to revoke. Specifically, with respect to Paragraphs 1 and 2,
the Region states that it is not seeking documents for employees in the boilermaker
classification. With respect to Paragraph 5, the Region clarifies that it is not seeking
confidential information such as medical records and will accept certain redactions in
the documents, such as social security numbers. Last, we note the Region’s
acknowledgement that the Employer has provided the materials requested in
Paragraphs 7 and 9, and that this information is no longer being sought.