Faurecia Automotive-Shellby

National Labor Relations Board - Unpublished Board Decisions

Nov 3, 2008

09-CA-044400 (N.L.R.B. Nov. 3, 2008)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FAURECIA AUTOMOTIVE SEATING
and
ALVIN SANFORD, AN INDIVIDUAL
Case 9-CA-44400
ORDER'
Faurecia Automotive Seating's Petition to Revoke Subpoena
Duces Tecum B-572187 is denied as it seeks information relevant
to the matter under investigation, as required by Section 11(1)
of the Act and Section 102 31(b) of the Board's Rules and
Regulations Further, the Employer failed to establish any
other legal basis for revoking the subpoenas 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)
Further, contrary to the Petitioner's argument, Rule 4 2 of
the Michigan Rules of Professional Conduct does not bar ex parte
1 Effective midnight December 28, 2007, Members Liebman,
Schaumber, Kirsanow, and Walsh delegated to Members Liebman,
Schaumber, and Kirsanow, as a three-member group, all of the
Board's powers in anticipation of the expiration of the terms of
Members Kirsanow and Walsh on December 31, 2007 Pursuant to
this delegation, Chairman Schaumber and Member Liebman
constitute a quorum of the three-member group As a quorum,
they have the authority to issue decisions and orders in unfair
labor practice and representation cases See Sec. 3(b) of the
Act
communications with former managerial employees See Smith
Kalamazoo Ophthalmology, 322 F Supp, 2d 883, 888-889 (WD. Mich.
2004)(court held that ex parte contact with former manager did
not violate Michigan Rule of Professional Responsibility 4 2);
Valassis v, Samelson, 143 FR.D. 118, 123 (ED. Mich,
1992) (court held former employee did not have an agency
relationship with a corporate party and therefore was not a
party within the meaning of Rule 4 2)
Dated; Washington DC,, November 3, 2008
PETER C, SCHAUMBER, CHAIRMAN
WILMA B, LIEBMAN, MEMBER
2