UPS Ground Freight, Inc.

National Labor Relations Board - Unpublished Board Decisions

Aug 22, 2016

15-CA-166828 (N.L.R.B. Aug. 22, 2016)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UPS GROUND FREIGHT, INC.
d/b/a UPS FREIGHT
and Case 15-CA-166828
LOTT JOHNSON
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-1-RWCDMZ 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.

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 In considering the petition to revoke, we have evaluated the subpoena in light of the
Region’s clarifications that the subpoena only seeks information regarding the
Employer’s Little Rock, Arkansas facility, and that the relevant time period for pars. 5
and 6 is calendar year 2016. (Opp. at 6, 20-21.) We have also evaluated the subpoena
in light of the Region’s withdrawal of pars. 9, 23, and 24, assuming that the Employer
has provided all responsive documents. (Opp. at 23, 39.)
3 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-provided documents constitute all of the requested documents, and
provides all of the information that was subpoenaed. Further, insofar as the subpoena
encompasses documents that the Employer 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 Employer’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 Employer’s claim of privilege or protection. The Employer is
directed to produce all responsive documents in its possession not subject to any good-
faith claim of privilege or protection.
2
Carolina Food Processors, Inc., 81 F.3d 507 (4th Cir. 1996).
Dated, Washington, D.C., August 22, 2016
MARK GASTON PEARCE, CHAIRMAN
KENT Y. HIROZAWA, MEMBER
LAUREN McFERRAN, MEMBER