Nestle Dryer's Ice Cream

National Labor Relations Board - Unpublished Board Decisions

Jan 23, 2018

31-CA-190625 (N.L.R.B. Jan. 23, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
NESTLE DREYER’S ICE CREAM COMPANY
and Case 31-CA-190625
INTERNATIONAL BROTHERHOOD
OF TEAMSTERS, LOCAL 87
ORDER1
The Employer’s Petition to Revoke subpoena duces tecum B-1-VJ2QBHY 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.2 Further,
the Employer has failed to establish any other legal basis for revoking the subpoena.

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 In considering the petition to revoke, we have evaluated the subpoena in light of the
Region’s clarification in its opposition brief that, both in general and for subpoena par. 3,
it is narrowing the scope of requested information to only information concerning
employees from the distribution side of the Employer’s facility, as defined in the
subpoena (i.e., the facility located at 7301 District Boulevard, Bakersfield, California);
and that for subpoena par. 1, it is not seeking work rules or policies regarding safety
and corresponding information to the extent that such policies were not in effect during
the alleged discriminatee’s employment.
To the extent that the subpoena encompasses some documents that the
Employer believes in good faith to be subject to the attorney-client privilege or the
attorney work product doctrine, this Order is without prejudice to the Employer’s prompt
submission of a privilege log to the Region identifying and describing each such
document, and providing sufficient detail to permit an assessment of the Employer’s
claim of privilege or protection. The Employer is directed to produce all responsive
documents in its possession not subject to any good-faith claim of privilege or
protection.
The Employer’s request that its petition to revoke be made part of the official
record in this case is denied without prejudice to renewal at the appropriate time in a
formal proceeding.
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., January 23, 2018.
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER
WILLIAM J. EMANUEL, MEMBER