General Steel Drum, LLC

National Labor Relations Board - Board Decisions

May 16, 2014

10-CA-115129 (N.L.R.B. May. 16, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
GENERAL STEEL DRUM, LLC AND
MYERS CONTAINER, LLC, JOINT
EMPLOYERS
and Cases 10-CA-115129
10-CA-116635
INTERNATIONAL BROTHERHOOD
OF TEAMSTERS, LOCAL 71
ORDER1
The petition of General Steel Drum, LLC to revoke subpoena duces tecum B-
708063 and the petition of Myers Container, LLC to revoke subpoena duces tecum B-
708064 are denied.2 The subpoenas seek information relevant to the matters under
investigation and describe 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 Petitioners have failed to establish any other legal basis for revoking the

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 The Region has indicated in its opposition brief that it is willing to modify the
subpoenas as follows: (1) par. 3 of subpoena duces tecum B-708063, issued to General
Steel Drum, LLC, is modified to request documents relating solely to General Steel
Drum’s relationship with Myers Container, LLC; (2) par. 3 of subpoena duces tecum B-
708064, issued to Myers Container LLC, is modified to request documents detailing its
organizational overlap with General Steel Drum, LLC; (3) par. 4 of each subpoena is
modified to request only those documents not referenced in pars. 1, 2, and 3, to the
extent such additional documents exist; and (4) par. 7 of subpoena duces tecum B-
708064, issued to Myers Container LLC, is modified to request only the tax filings of
Myers. We find that paragraph 7 of subpoena duces tecum B-708063, issued to
General Steel Drum, LLC should be modified in the same manner, to request only the
tax filings of General Steel Drum. In considering the petitions to revoke, we have
evaluated the subpoenas as modified in this manner.
2
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).
Dated, Washington, D.C., May 16, 2014.
KENT Y. HIROZAWA, MEMBER
HARRY I. JOHNSON, III, MEMBER
NANCY SCHIFFER, MEMBER