CATERPILLAR LOGISTICS, INC.

National Labor Relations Board - Board Decisions

Jan 22, 2014

09-CA-110687 (N.L.R.B. Jan. 22, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS B OARD
CATERPILLAR LOGISTICS, INC.
and Case 09-CA-110687
INTERNATIONAL UNION, UNITED
AUTOMOBILE AEROSPACE AND
AGRICULTURAL IMPLEMENT WORKERS OF
AMERICA, AFL-CIO
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-711297 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. 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 22, 2014.
MARK GASTON PEARCE, CHAIRMAN
HARRY I. JOHNSON, III, MEMBER
NANCY SCHIFFER, 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 Employer has already provided the Region with documents
encompassed by this subpoena, 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.
In addition, with respect to the Employer’s argument that the subpoena unreasonably
requires its representative to deliver the requested document to the Regional Office in
person, we note that the Region has offered to accept delivery by mail or e-mail.