January 2011 - National Labor Relations Board

11802 PATTERN 51, APPLICATION FOR ORDER ENFORCING SUBPOENA AD TESTIFICANDUMf. Respondent’s refusal to testify as required by the subpoena adtestificandum and as directed by the ALJ, who concluded thatRespondent’s testimony is relevant to the issues in the unfair laborpractice proceeding, constitutes contumacious conduct within themeaning of Section 11(2) of the Act. Furthermore, Respondent’sconduct has impeded and continues to impede the unfair laborpractice proceeding before the Board and is preventing the Boardfrom carrying out its duties and functions under the Act.In view of Respondent’s contumacious conduct, the Boardrequests:1. That an order to show cause issue directing Respondent toappear before this Court on a date specified in the order and to showcause why an order should not issue directing him to appear before ALJWilliams in Board Case 42–CC–233 at such time and place as ALJWilliams may designate and to give testimony and answer any and allquestions relevant to the matters in question at the Board’s unfair laborpractice hearing;2. After considering arguments in response to the order to showcause, that this Court issue an order requiring Respondent to appearbefore Administrative Law Judge Ringer S. Williams, at a time andplace to be fixed by ALJ Williams, and to give testimony and answerany and all questions relevant to the matters in question in the unfairlabor practice proceedings before the Board; and3. That the applicant, National Labor Relations Board, have suchother and further relief as may be necessary and appropriate.Dated: February 7, 20__.National Labor Relations BoardBy:[GC’s name], General Counsel[RA’s name], Regional AttorneyRevised 01/11