January 2011 - National Labor Relations Board

11770 INVESTIGATIVE SUBPOENASObtaining non-Board personnel to participate in the conduct of an electionRequesting an Administrative Law Judge to handle a complex hearing onobjections/challenges. Sec. 11424.1 Consolidation of interregional cases. Sec. 11716 Severance of interregional cases. Sec. 11718Payment of special fees for expert testimony11770–11784 SUBPOENASSection 11(1) of the Act provides that the Board or any Member may issuesubpoenas calling for attendance and testimony of witnesses or the production ofevidence in any investigation or proceeding. Sec. 102.31(a) (for C cases) and Sec.102.66(c) (for R cases), Rules and Regulations set forth the procedure for issuance ofsuch subpoenas and provide that the Executive Secretary of the Board has the authority tosign and issue subpoenas on behalf of the Board.11770 Investigative SubpoenasDuring certain investigations, in both R and C cases, resort to subpoenas will benecessary in order to ascertain the facts on which to base an administrative decision onthe merits.Investigative subpoenas, however, are no substitute for a promptly initiated,dogged, and thorough pursuit of relevant evidence from cooperative sources. Investigativesubpoenas should be utilized responsibly to make available to the RegionalDirector evidence necessary for:Deciding whether a complaint or compliance specification should issue,absent settlementDetermining whether there has been compliance with remedial obligationsDetermining the possible derivative liability of additional partiesDetermining the need to initiate proceedings to obtain a protective order orother pendente lite relief, orMaking appropriate determinations in processing R cases11770.1 Application for Investigative SubpoenaUpon Regional determination that it is necessary to issue an investigativesubpoena, the Board agent assigned to the case should request such subpoena from theRegional Director. The application must be in writing and should contain a statement ofRevised 01/11