Microsoft Corporation

National Labor Relations Board - Unpublished Board Decisions

Apr 9, 2018

19-CA-189865 (N.L.R.B. Apr. 9, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MICROSOFT CORPORATION
and Cases 19-CA-189865
19-CA-189881
TEMPORARY WORKERS OF AMERICA
ORDER1
The petition to revoke subpoena duces tecum B-1-WEVXPB, filed by Microsoft
Corporation, 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.3
Further, the Petitioner 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., April 9, 2018.
MARVIN E. KAPLAN, CHAIRMAN
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 In denying the petition, we consider the subpoena as clarified by the Region’s
opposition, which states that pars. 2 and 8-19 only seek documents related to employees
working on the Petitioner’s App & Catalogue Operations (ACO) project.
3 To the extent that the Petitioner asserts that no responsive documents exist for certain
subpoena paragraphs, the Petitioner is not required to produce subpoenaed evidence that
it does not possess, but the Petitioner is required to conduct a reasonable and diligent
search for all requested evidence, and as to requested evidence that the Petitioner
determines it does not possess, the Petitioner must affirmatively represent to the Region
that no responsive evidence exists.