International Alliance of Theatrical Stage Employees Local Union #363 (Total Crew Services, Inc.)

National Labor Relations Board - Unpublished Board Decisions

Nov 23, 2015

32-CB-154562 (N.L.R.B. Nov. 23, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
INTERNATIONAL ALLIANCE OF THEATRICAL
STAGE EMPLOYEES LOCAL UNION NO. 363
(TOTAL CREW SERVICES, INC.)
and Case 32-CB-154562

CRAIG ALLAN ROLIE
and Case 32-CB-155304
CLAUDIA JOHNSON
ORDER1
The Union’s petitions to revoke subpoena duces tecum B-1-NX5PRX and subpoenas ad
testificandum A-1-NXCQ39 and A-1-NXB8PV 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 Union 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., November 23, 2015
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER
LAUREN McFERRAN, 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 subpoena duces tecum encompasses some documents that the Union
believes in good faith to be subject to the attorney-client privilege or the attorney work product
doctrine, this Order is without prejudice to the Union’s prompt submission of a privilege log to
the Region identifying and describing each such document, and providing sufficient detail to
permit an assessment of the Union’s claim of privilege or protection. The Union is directed to
produce all responsive documents in its possession not subject to any good-faith claim of
privilege or protection.