January 2011 - National Labor Relations Board

11792 SUBPOENA AUTHORITY OF THE BOARD/COURT JURISDICTIONinstituted, the Regional Office must initiate contempt proceedings in the appropriate U.S.district court, unless contempt proceedings would be inconsistent with law or the policiesof the Act.Absent a request by the party on whose behalf the subpoena was issued, contemptproceedings need not be instituted by the Regional Office. Best Western City View MotorInn, 325 NLRB 1186 (1998).11790.2 Issued at Request of the General CounselEnforcement proceedings with respect to subpoenas requested by the GeneralCounsel are handled by the Regional Office involved.11790.3 Notification to HeadquartersIn cases where clearance has been obtained from Headquarters, the RegionalOffice should forward, if requested, copies of the pleadings, briefs and any orders thatissue to the Division of Advice and Special Litigation Branch and, if the investigationinvolves a compliance matter or possible violation of a Board Order or court decreeenforcing such an order, also to the Contempt Litigation and Compliance Branch.11790.4 Appeal ProceedingsAppeal proceedings will be handled by the Special Litigation Branch. If theRegional Office’s enforcement application is denied in full or in part, the Regional Officeshould promptly notify and make a recommendation to the Special Litigation Branch asto whether an appeal should be taken to the circuit court. Upon receipt of a notice ofappeal made by another party, the Regional Office should promptly advise and provideall relevant papers to the Special Litigation Branch. If the appeal involves a compliancematter or possible violation of a Board Order or court decree enforcing such an order,notice should be also given to the Contempt Litigation and Compliance Branch.11790.5 Stays Pending AppealAfter an Agency subpoena has been enforced, any request for a stay pendingappeal should be referred to the Special Litigation Branch. If the appeal involves acompliance matter or possible violation of a Board Order or court decree enforcing suchan order, a copy of the stay request should also be forwarded to the Contempt Litigationand Compliance Branch.11792 Subpoena Authority of the Board/Court Jurisdiction11792.1 Authority of Board to Issue SubpoenasSection 11(1) of the Act grants statutory authority to the Board for the exercise ofsubpoena power, which is similar to that of other administrative agencies. The intent ofCongress to confer such authority is clear. S.Res. 573, 74th Cong., 1st Session; Sec. 6(c)of the Administrative Procedure Act, 5 U.S.C. § 556(c)) and the courts have long upheldthe power of administrative agencies to issue subpoenas. Oklahoma Press PublishingRevised 01/11