Landscape Forms, Inc.

National Labor Relations Board - Board Decisions

Mar 18, 2016

07-CA-162398 (N.L.R.B. Mar. 18, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
LANDSCAPE FORMS, INC.
and Case 07-CA-162398
BRYAN COLVER
ORDER1
The petition to revoke subpoena duces tecum B-1-PJ5IJF is denied.2 The
subpoena seeks information relevant to the matter 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.3 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., March 18, 2016
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER
LAUREN McFERRAN, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 The Petitioner’s request that its petition to revoke and/or quash the subpoena be made
part of the official record in this case is denied without prejudice to renewal at the
appropriate time in a formal proceeding.
3 We reject the Petitioner’s contention that the subpoena should be revoked because the
information requested is exempt from disclosure under Michigan state law. See North
Carolina License Plate Agency #18, 346 NLRB 293, 294 fn. 5 (2006) (citing EEOC v.
Illinois Department of Employment Security, 995 F.2d 106, 107 (7th Cir. 1993) (EEOC was
entitled to enforcement of a subpoena seeking state agency’s copy of a transcript from an
unemployment compensation proceeding despite the agency's claim of privilege; “State
privileges are honored in federal litigation only when state law supplies the rule of decision.
When federal law governs, as it does here, only privileges recognized by the national
government matter.”)), enfd. 243 Fed.Appx. 771 (4th Cir. 2007).