January 2011 - National Labor Relations Board

11804 PATTERN 52, APPLICATION FOR ORDER ENFORCING SUBPOENA DUCES TECUMd. The subpoena described above in paragraph c was served onRespondent by addressing and sending it by certified mail to JohnDoe, superintendent of the Zenith City Division of Respondent, at theoffices located at 25 Omnibus Avenue, Zenith City, Nebraska 44422.Respondent acknowledged receipt of the subpoena on December 28,20__. Service and receipt complied with Section 11(4) of the Act andSection 102.113 of the Board’s Rules and Regulations. 29 C.F.R.102.113 A copy of the return post office receipt is attached as exhibitE.e. Section 11(1) of the Act and Section 102.31(b) of the Board’s Rulesand Regulations provide for a period of 5 days after service of asubpoena within which any person served may petition the Board torevoke the subpoena. Respondent has not at any time filed a petitionto revoke the subpoena. Nevertheless, Respondent failed to appearat the hearing on January 7, 20_ or to produce the documents asrequired by the terms of the subpoena. At no time on or sinceJanuary 7, 20__ has Respondent produced the subpoenaeddocuments.f. Respondent’s refusal to appear and to produce the subpoenaeddocuments, which are relevant to the issues in the proceeding beforethe Board, constitutes contumacious conduct within the meaning ofSection 11(2) of the Act. Furthermore, Respondent’s conduct hasimpeded and continues to impede the unfair labor practiceproceeding before the Board and is preventing the Board fromcarrying 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 to appearbefore this Court on a date specified in the order and to show causewhy an order should not issue directing him to appear beforeAdministrative Law Judge Ringer S. Williams in Board Case 42–CC–233 at such time and place as ALJ Williams may designate andto produce the subpoenaed records described above, to giveRevised 01/11