January 2011 - National Labor Relations Board

11800 SUBPOENA ENFORCEMENT DOCUMENTS“the same market rate as any other attorney with the same experience and expertise.” 6Therefore, in every subpoena enforcement action, the Regional Office should keeprecords that accurately reflect the specific work performed and the time expended on allrelated matters.When the Regional Office believes it has an appropriate case in which to seek anorder requiring the payment of the Board’s attorneys’ fees and costs, the Region shouldconfer with and obtain clearance from the Special Litigation Branch. If an issue involvesa compliance matter or possible violation of a Board Order or court decree enforcing suchan order, the matter should also be referred to the Contempt Litigation and ComplianceBranch.11800 Subpoena Enforcement DocumentsPattern documents suitable for general use in subpoena enforcement matters areset forth below.11800.1 Patterns Provided Pattern 51 Application for order enforcing subpoena ad testificandum(Sec. 11802.1) Pattern 52 Application for order enforcing subpoena duces tecum(Sec. 11804.1) Pattern 53 Order to show cause (Sec. 11806.1) Pattern 54 Notice of institution of proceeding to enforce subpoena adtestificandum (Sec. 11808.1)11800.2 Procedural Issues(a) Service by Certified Mail: For language setting out service of subpoena bycertified mail, see paragraph d of Pattern 52.(b) Personal Service: For language setting out personal service, see paragraph cof Pattern 51.(c) Failure to Petition to Revoke: Paragraph e of Pattern 52 sets out the statutoryprocedure for administrative revocation of the subpoena and alleges that respondentfailed to utilize this procedure. This allegation will support a contention that the6 NLRB v. Gravely Bros. Roofing, 162 LRRM 2841 (3d Cir. 1999). Accord: NLRB v. McNulty, 183LRRM 3344 (S.D.Ind. 2006); NLRB v. All Seasons Construction, Inc., 183 LRRM 3343 (W.D.La. 2006);NLRB v. Riza, 183 LRRM 2308 (S.D. N.Y. 2006); NLRB v. A.G.F. Sports, Ltd., 146 LRRM 3022(E.D.N.Y. 1994).Revised 01/11