INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 18 (Bowen Engineering Group)

National Labor Relations Board - Board Decisions

Apr 22, 2013

09-CB-092868 (N.L.R.B. Apr. 22, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
INTERNATIONAL UNION OF
OPERATING ENGINEERS, LOCAL 18
(Bowen Engineering Group)
and Case 09-CB-092868
CHARLES MITCHELL
ORDER1
The petition of International Union of Operating Engineers, Local 18 to revoke
subpoenas duces tecum B-711206 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 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., April 22, 2013.
MARK GASTON PEARCE, CHAIRMAN
SHARON BLOCK, MEMBER

1 The National Labor Relations Board has delegated its authority in this matter to a
three-member panel. Member Griffin, who is a member of the present panel, has
recused himself and took no part in the consideration of this case.
2 We are mindful of the Union’s obligation to continue the operation of its referral
system during the time required to comply with the subpoena. Accordingly, we
encourage the Region and the Union to revisit the Union’s offer, as characterized in its
petition to revoke, to examine documents at the Union’s office, including the materials
sought in Paragraphs 6 and 7.