FirstEnergy Generation Corp and/or FirstEnergy Generation, LLC

National Labor Relations Board - Board Decisions

Oct 4, 2017

06-CA-196004 (N.L.R.B. Oct. 4, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FIRSTENERGY GENERATION CORP. AND/OR
FIRSTENERGY GENERATION, LLC
and Case 06-CA-196004
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL UNION 272
AFL-CIO
ORDER1
The Employer’s Petition to Revoke Subpoena Duces Tecum B-1WTDDK9 is
denied. The subpoena seeks information relevant to the matters 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.
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., October 4, 2017
PHILIP A. MISCIMARRA, CHAIRMAN
MARK GASTON PEARCE, MEMBER
MARVIN E. KAPLAN, MEMBER

1 The National Labor Relations Board has delegated its authority in this matter to a
three-member panel.