XPO Logistics Freight, Inc.

National Labor Relations Board - Board Decisions

Mar 26, 2018

13-CA-197878 (N.L.R.B. Mar. 26, 2018)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
XPO LOGISTICS FREIGHT, INC.
and Case 13-CA-197878
TEAMSTERS LOCAL 179
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-1-XKLGGF is
denied. 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.2 Further, the
Employer has failed to establish any other legal basis for revoking the subpoena.3 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 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel. Member Emanuel took no part in the consideration of this case.
2 In considering the petition to revoke, we construe the reference in subpoena
paragraphs 7 and 8 to “each employee” as referring to “employee” as defined in the
National Labor Relations Act. Further, we have evaluated the subpoena in light of the
Region’s clarification that paragraph 16 pertains only to employees at the Employer’s
Aurora, Illinois facility. (Opp. at 12.)
3 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-provided documents constitute all of the requested documents, and
provides all of the information that was subpoenaed.
In addition, the Employer’s request for a protective order is denied for lack of a
showing of good cause. With respect to the Employer’s stated concerns about
confidentiality, we note that it has failed to follow the procedures set forth in paragraph
“k” of the subpoena’s Definitions and Instructions which addresses such concerns. To
the extent the subpoena encompasses some documents that the Employer believes in
good faith to be protected from disclosure, the Employer may submit a privilege log
providing sufficient detail to permit an assessment of its claims. If its confidentiality
concerns can be substantiated, it may seek a confidentiality agreement from the
Region.
2
Dated, Washington, D.C., March 26, 2018.
MARVIN E. KAPLAN, CHAIRMAN
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER