Midwest Terminals of Toledo International, Inc.

National Labor Relations Board - Unpublished Board Decisions

Apr 12, 2017

08-CA-152052 (N.L.R.B. Apr. 12, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MIDWEST TERMINALS OF TOLEDO
INTERNATIONAL, INC.
and Case 08-CA-152052
INTERNATIONAL LONGSHOREMEN’S
ASSOCIATION, LOCAL 1982
MIDWEST TERMINALS OF TOLEDO
INTERNATIONAL, INC.
and Case 08-CA-158778
RAYMOND SIMS
ORDER
The Employer’s petition to revoke subpoena duces tecum B-1-U14BWX and
subpoena ad testificandum A-1-U13XSB is denied. 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 Employer has failed to establish any other
legal basis for revoking the subpoenas. See generally NLRB v. North Bay Plumbing, Inc.,
2
102 F.3d 1005 (9th Cir. 1996); NLRB v. Carolina Food Processors, Inc., 81 F.3d 507 (4th
Cir. 1996).1
Dated, Washington, D.C., April 12, 2017.
PHILIP A. MISCIMARRA, ACTING CHAIRMAN
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER

1 We have evaluated the subpoena duces tecum in light of the Region’s assertion that it
seeks only the evidence identified in pars. 4 and 5 of the subpoena. (Opp. at 4, 5.) It is
undisputed that the evidence sought in pars. 1, 2, and 3 of the subpoena has already been
provided by the Employer to the Region pursuant to another subpoena in a separate unfair
labor practice proceeding.