International Union of Journeymen & Allied Trades, Local 726 (Alle Processing Corp. d/b/a Meal Mart)

National Labor Relations Board - Board Decisions

Oct 29, 2018

29-CB-216248 (N.L.R.B. Oct. 29, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
INTERNATIONAL UNION OF JOURNEYMEN &
ALLIED TRADES, LOCAL 726 (ALLE PROCESSING
CORP. D/B/A MEAL MART)
and Case 29-CB-216248
TRAVERSE JOEL WILSON
ORDER1
The Union’s Petition to Revoke investigative subpoena duces tecum B-1-
11CQRNL 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 Petitioner has failed to establish any other legal basis for revoking the
subpoena.2 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 29, 2018.
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN MEMBER
WILLIAM J. EMANUEL, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 The Union’s argument that the subpoena should be revoked because the unfair labor
practice charge is barred by Sec. 10(b) is without merit. Issues regarding Sec. 10(b)
are generally not addressed in an investigative subpoena context. See, e.g., NLRB v.
The Bakersfield Californian, 128 F.3d 1339, 1341 (9th Cir. 1997) (“Like other defenses
to an unfair labor practice complaint, a section 10(b) statute of limitations defense is not
properly evaluated in a subpoena enforcement proceeding.”).
To the extent that the Union has provided some of the requested information, it is
not required to produce that information again, provided that it 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.