CB&I, Inc.

National Labor Relations Board - Board Decisions

Oct 17, 2012

06-CA-083397 (N.L.R.B. Oct. 17, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CB&I, INC.
and Case 06-CA-083397
MID-ATLANTIC COUNCIL OF CARPENTERS
WEST VIRGINIA DISTRICT
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-654245 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.3 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., October 17, 2012.
MARK GASTON PEARCE, CHAIRMAN
BRIAN E. HAYES, MEMBER
RICHARD F. GRIFFIN, JR., 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 provided some of the requested material, 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 documents, and provides all of
the information that was subpoenaed.
3 In denying the Employer’s petition to revoke, we consider the subpoena as modified
by the Region’s limitations on Paragraphs 5 and 9, as stated in the Region’s opposition
to the petition to revoke. With regard to Paragraph 9 we note in particular that the
Region’s opposition states that the Region has limited its requests to information about
carpentry positions at the Dominion project.