HA Management and Oahu Publications Incorporated as joint and/or single employers doing business as

National Labor Relations Board - Unpublished Board Decisions

Feb 24, 2011

37-CA-008074 (N.L.R.B. Feb. 24, 2011)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
HA MANAGEMENT AND
OAHU PUBLICATIONS INC. AS JOINT
AND/OR SINGLE EMPLOYERS
d/b/a THE HONOLULU ADVERTISER
and Cases 37-CA-8074
37-CA-8182
INTERNATIONAL LONGSHORE 37-CA-8184
AND WAREHOUSE UNION LOCAL 142 37-CA-8185
37-CA-8186
37-CA-8187
37-CA-8188
37-CA-8197
37-CA-8216
and
HAWAII PRINTING AND GRAPHIC 37-CA-8090
COMMUNICATIONS UNION, 413-N; 37-CA-8115
GRAPHIC COMMUNICATION CONFERENCE/ 37-CA-8191
INTERNATIONAL BROTHERHOOD OF 37-CA-8208
TEAMSTERS LOCAL 501-M 37-CA-8212
and
HAWAII NEWSPAPER GUILD, LOCAL 39117 37-CA-8194
CWA, AFL-CIO, CLC 37-CA-8195
and
HAWAII TYPOGRAPHICAL UNION 37 37-CA-8196
LOCAL 14921 CWA, AFL-CIO
ORDER1
The Employer’s petition to revoke subpoena duces tecum B- 561658 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)

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2
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 subpoenas. 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). 2
Dated, Washington, D.C., February 24, 2011
CRAIG BECKER, MEMBER
MARK GASTON PEARCE, MEMBER
BRIAN E. HAYES, MEMBER

2 In it petition to revoke, the Employer submits that the subpoena seeks “confidential
and proprietary information which would jeopardize the business operations of OPI.”
The Employer has failed to substantiate the need for confidentiality of the requested
information because it has not identified the specific documents that it seeks to shield
from disclosure and the specific harm that would flow from such disclosure. However, if
its concerns can be substantiated, the Employer may seek, and, in its discretion, the
Region may enter into, a confidentiality agreement protecting the information from
disclosure during the investigative phase of this case.