United States Postal Service

National Labor Relations Board - Unpublished Board Decisions

Jul 14, 2021

12-CA-271025 (N.L.R.B. Jul. 14, 2021)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED STATES POSTAL SERVICE
and Case 12-CA-271025
TERESA JANICE BOYD
ORDER1
The Employer’s Petition to Revoke subpoena duces tecum B-1-1CAOL4T 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 Employer 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., July 14, 2021.
LAUREN McFERRAN, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
JOHN F. RING, MEMBER
1 The National Labor Relations Board has delegated its authority in this
proceeding to a three-member panel.
2 The Employer generally argues that the subpoenaed documents raise privacy
concerns under the Federal Employees Compensation Act. In response, the Region
concedes in its April 29, 2021 Opposition brief that CA-17 forms sought by the
subpoena apparently are protected from disclosure and has narrowed the subpoena by
withdrawing its request for those forms. In these circumstances, we do not reach the
issue of whether the petition to revoke sufficiently established privacy concerns as to
those documents. In all other respects, we reject the Employer’s privacy argument
because the Employer fails to specify which portions of the subpoena raise those
concerns. U.S. v. International Business Machines Corp., 81 F.R.D. 628, 630 (S.D.N.Y.
1979) (finding that blanket or generalized assertions of privacy are insufficient grounds
for revocation of an investigative subpoena).