Strategic Materials, Inc.

National Labor Relations Board - Board Decisions

Aug 24, 2015

08-CA-149572 (N.L.R.B. Aug. 24, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
STRATEGIC MATERIALS, INC.
and Case 08-CA-149572
TEAMSTERS LOCAL UNION NO. 436 a/w
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS
ORDER1
The petition to partially revoke subpoena duces tecum B-1-MPZOWN filed by
Strategic Materials, Inc. 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 subpoena.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., August 24, 2015.
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 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.