Charter Communications

National Labor Relations Board - Board Decisions

May 27, 2016

07-CA-140170 (N.L.R.B. May. 27, 2016)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CHARTER COMMUNICATIONS, LLC
and Cases 07-CA-140170
JONATHAN FRENCH
and 07-CA-145726
RAYMOND SCHOOF
and 07-CA-147521
JAMES DEBEAU
ORDER1
Respondent Charter Communications, LLC’s request for special permission to
appeal the ruling of Administrative Law Judge Arthur Amchan with respect to his
issuance of a protective order is granted. On the merits, the appeal is denied.2 The
Respondent has failed to demonstrate that the judge abused his discretion in denying

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 In denying the Respondent’s appeal, we note that subpoena paragraph 12, as
modified by the General Counsel at the hearing, requests all documents
showing/containing all warnings, disciplines, notices of suspensions, notations of
counseling, and notices of discharge issued to Respondent’s employees in its Michigan
field operations since January 1, 2013, for specified infractions. Contrary to the
Respondent’s interpretation of this request, we do not read paragraph 12 as seeking
documents naming other employees who may have participated in the Respondent’s
investigations which resulted in such actions. We further note that the General
Counsel’s opposition brief does not indicate otherwise.
In addition, we observe that, at the hearing, the judge indicated on the record that
he “would” issue a protective order. Tr. vol. 3, p. 464. Accordingly, we anticipate that
the judge will issue the protective order as a separate written document for clarity and
ease of reference.
2
the Respondent’s request for a more extensive protective order than the one granted by
the judge.
Dated, Washington, D.C., May 27, 2016.
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER