COMMODITY TRUCKING ACQUISITION, LLC d/b/a DISPATCH TRANSPORTATION, INC.

National Labor Relations Board - Board Decisions

Oct 4, 2012

20-CA-080597 (N.L.R.B. Oct. 4, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
DISPATCH TRANSPORTATION
and Cases 20-CA-080597
20-CA-082281
TEAMSTERS LOCAL 137
ORDER1
The Employer’s petitions to revoke subpoenas ad testificandum A-943615, A-
943616, and A-943617 and subpoena duces tecum B-638117 are denied. The
subpoenas seek information relevant to the matter 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.2 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 4, 2012.
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 In denying the Employer’s petition to revoke subpoena duces tecum B-638117, we
consider the subpoena as modified by the Region’s limitations on Paragraph 14 of the
subpoena, as stated in its opposition to the petition to revoke the subpoena duces
tecum.
To the extent that the Employer has provided some of the material requested in
subpoena duces tecum B-638117, 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 requested documents, and provides all of the information that was subpoenaed.