MIDWEST TERMINALS OF TOLEDO INTERNATIONAL, INC.

National Labor Relations Board - Board Decisions

Apr 25, 2017

08-CA-178669 (N.L.R.B. Apr. 25, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MIDWEST TERMINALS OF TOLEDO
INTERNATIONAL, INC.
and Case 08-CA-178669
INTERNATIONAL LONGSHOREMEN’S
ASSOCIATION, LOCAL 1982
ORDER
The Employer’s petition to revoke subpoena duces tecum B-1-UN5OGN and
subpoena ad testificandum A-1-UN5U35 is denied. The subpoenas seek information
relevant to the matters under investigation and describe 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 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).1
Dated, Washington, D.C., April 25, 2017.
PHILIP A. MISCIMARRA, CHAIRMAN
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER

1 To the extent that the Employer has provided some of the requested material, it is not
required to produce that information again, provided that the Employer 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.
The Region acknowledges that the information sought in par. 2 and 3 of subpoena duces
tecum B-1-UN5OGN was previously sought in subpoena duces tecum B-1-U14BWX, as part of
the investigation in Cases 08-CA-152052 and -158778. On April 12, 2017, the Board issued an
Order denying the Employer’s petition to revoke subpoena B-1-U14BWX. If the Employer
complies with its obligation to produce information required by the April 12 Order, it does not
need to reproduce the information sought in par. 2 and 3 of subpoena B-1-UN5OGN.