January 2011 - National Labor Relations Board

11772 TRIAL OR HEARING SUBPOENAS11770.8 Opposition to Petition to Revoke and Referral(a) Opposition to Petition to Revoke: The Regional Office should, when appropriate,promptly file an opposition with the Board to any petition to revoke an investigative subpoena,generally within 5 business days after receipt. See OM Memo 11-70. The opposition should:Explain how the information sought in the subpoena is relevant to thespecific charge allegations, andRespond to the arguments raised in the petition(b) Referral to Board: The Regional Office should email to the office of the Solicitor, thefollowing documents:Regional Director’s order referring the petition to revoke and proof ofservicePetition to revoke with all attachmentsSubpoena and proof of serviceRegion’s opposition, with proof of service, and all attachments, includinga copy of the underlying unfair labor practice charge(s)These documents should be served on petitioner by email, if possible. If emailservice is not available, the Region should notify the petitioner by telephone of thesubstance of the documents and a copy should be served by personal service no later thanthe next business day, by overnight delivery service or, with the permission of petitioner,by facsimile transmission.For detailed guidance, including procedures when the subpoena matter isresolved, see OM Memo 11-70.11772 Trial or Hearing SubpoenasThe need to subpoena testimony or the production of records at C or R Casehearings should initially be determined by the Board agent assigned, in consultation withsupervision. Thus, Board agents may be required to notify supervision of the name of,and the need for, any subpoenaed person or document, along with a description of suchdocument.In determining whether to issue a subpoena, the Regional Director shouldconsider both the necessity for the subpoena and the enforceability of the subpoena. Thesubpoena should not be requested if it appears that it cannot be enforced in the event ofnoncompliance. If there are foreseeable impediments to enforceability, such as thematters discussed in the first three circumstances in Sec. 11770.4(a), the issue should besubmitted to the Division of Advice and the Special Litigation Branch prior to issuance ofRevised 01/11