January 2011 - National Labor Relations Board

11778 SERVICE OF SUBPOENAS11778 Service of SubpoenasSec. 102.113(c), Rules and Regulations requires that subpoenas be servedpersonally, by registered or certified mail, by telegraph, or by delivery at the principaloffice or business address of the person being served. Also see Sec. 11(4) of the Act.Absent unusual circumstances, such service should be by certified mail or hand deliverywith a copy served by regular mail, hand delivery, or by facsimile on any attorney orother representative of the party or witness. If a party or witness is represented by morethan one attorney or representative, service on any one of such persons, in addition to theparty or witness, satisfies this requirement. However, as a matter of courtesy, an effortshould be made to serve all attorneys or representatives of a party or a witness. See Secs.11842.2–.3 and Sec. 102.113(f), Rules and Regulations.A claim form for payment of fees and mileage may in appropriate circumstancesbe enclosed with the subpoena if it is mailed or given to the witness if it is handdelivered.There is no obligation on the part of the General Counsel (as opposed to outsideparties) to tender witness fees at the time of service. In cases of need or emergency,travel accommodations, where authorized by the Regional Director, may be provided inadvance. Where necessary, tickets may be obtained in advance through the Agencytravel account.Although no particular period of notice is prescribed, the service and return datefor the following types of subpoenas should, where circumstances allow, normally be asfollows:Investigative Subpoenas–served with a prompt and reasonable return dateunder all the circumstances.Trial Subpoenas–served at least 2 weeks prior to the return date at hearing,but, at any rate in sufficient time to allow 5 days after receipt of thesubpoena to petition to revoke the subpoena. See Sec. 11782.4.Representation Case Subpoenas–served with a prompt and reasonablehearing return date under all the circumstances.11780 Witness FeesWitnesses subpoenaed by a Board agent should be advised that they are entitled toappearance fees and travel expenses, if they make the appropriate claim. Whereappropriate, witnesses are also reimbursed for travel, lodging and meal expenses. Sincethe amounts and terms of these reimbursements may vary from time to time, refer to thelatest Administrative Policy Circular or GC Memoranda for current terms and rates.Witnesses subpoenaed by the Board agent expected to make a claim shouldcomplete and sign a claim form promptly after appearance at the proceeding, uponRevised 01/11