January 2011 - National Labor Relations Board

11808 PATTERN 54, NOTICE OF INSTITUTION OF PROCEEDING TO ENFORCE SUBPOENA ADTESTIFICANDUMBoard pursuant to Section 10 of the National Labor Relations Act, asamended (29 U.S.C. 160).2. On or before the _ day of March 20_, service be made onRespondent of a copy of this Order to Show Cause and of the Board’sapplication. Service on Respondent may be made on any officer oragent of Respondent.3. Respondent shall file and serve its answer to the applicationnot later than April __ 20_.4. Service of a copy of this order, the application and theRespondent’s answer, made in any manner provided for by Rule 5 ofthe Federal Rules of Civil Procedure of the United States or by certifiedmail, shall be deemed good and sufficient service./s/ D. W. BrownUnited States District Court JudgeDated, Zenith City, Nebraska,March ___, 20____.11808 Pattern 54, Notice of Institution of Proceeding to Enforce Subpoena adTestificandumSection 11(2) of the Act provides that a proceeding to enforce a subpoena issuedby the Board must be instituted “upon application of the Board.” Sec. 102.31(d), Rulesand Regulations provides that when the subpoena was issued at the request of a privateparty, enforcement proceedings shall be instituted by the General Counsel in the name ofthe Board “but on relation of such private party.” The same section further provides that“neither the General Counsel nor the Board shall be deemed thereby to have assumedresponsibility for the effective prosecution” of the enforcement proceedings. Pattern 54is designed to put relators on notice that they are primarily responsible for prosecuting thecase before the court and will also serve to establish their standing in the court toparticipate in the proceedings. This form should be issued to relators or their attorneys inRevised 01/11