T-MOBILE USA, INC.

National Labor Relations Board - Board Decisions

Jul 8, 2014

01-CA-120503 (N.L.R.B. Jul. 8, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
T-MOBILE USA, INC.
and Case 01-CA-120503
COMMUNICATIONS WORKERS OF AMERICA
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-738847 is denied in
part and granted in part. The petition is granted to the extent that the materials
requested in paragraph 10 shall be limited to documents in the possession of the
managers and supervisors at the Oakland, Maine facility, and the managers and
supervisors who oversee that facility. In this regard, we find that the Region has failed
adequately to articulate reasons for requesting documents from all of the Employer’s
managers and supervisors at all of its facilities.2
In all other respects, the petition to revoke the subpoena 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. Further, the Employer
has failed to establish any other legal basis for revoking the subpoena.3 See generally

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 Our Order is without prejudice to the Region’s right to issue a new subpoena seeking
additional information if the information provided by the Employer under the instant
subpoena, as limited, is insufficient to resolve the matters at issue and the Region can
establish that a search from a wider set of managers is warranted.
3 In considering the petition to revoke, we have reviewed the subpoena as modified by
the General Counsel in his opposition brief, in which he indicated that the request in
subpoena paragraph 8 would be satisfied by records “from two of the five teams of
2
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., July 8, 2014
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
NANCY SCHIFFER, MEMBER

coaches reporting to Team Managers, with one of the Teams being the one reporting to
the Open Team Manager Position identified on TM00180.” (Opposition, pp. 5-6.) We
note that the Employer has agreed to produce the requested documents as so modified.