January 2011 - National Labor Relations Board

11824 SUBPOENA OF AGENCY DOCUMENTS AND PERSONNEL(c) Associate General Counsel for Enforcement Litigation Authority: TheAssociate General Counsel for the Division of Enforcement Litigation has Sec. 102.118authority with respect to ongoing litigation in the courts and relative to bankruptcyproceedings.(d) Associate General Counsel for Operations-Management: The AssociateGeneral Counsel for the Division of Operations-Management has Sec. 102.118 authorityto decide any remaining requests that do not specifically fall within the above areas ofpreviously delegated authority.11824.2 Procedures Upon Receiving NLRB SubpoenaWhen an NLRB subpoena for Board employee testimony or for Board records isreceived by a Regional Office (or if the Region learns that a former Board employee hasreceived such a demand), the Region should immediately: In the case of a subpoena ad testificandum, ascertain, if possible,the nature of the testimony being sought. Notify the party on whose behalf the subpoena is being served ofthe existence of Sec. 102.118 and the Agency official to whom therequest for authorization should be directed. The Board agentshould not undertake to act as an agent in requesting the GeneralCounsel’s permission to testify.Unless the matter falls within the delegated authority of theRegional Director, the Regional Office should apprise theappropriate Agency official of the facts, so that a request forpermission to testify can be properly considered.11824.3 Procedures Upon Receiving Non-Board SubpoenaWith respect to Agency casehandling matters, when a non-Board subpoena forBoard employee testimony or for Board records is received by a Regional Office (or ifthe Region learns that a former Board employee has received such a demand), the Regionshould:Immediately contact the Special Litigation BranchProvide that office with a copy of the subpoena, any correspondingSec. 102.118 request, and other relevant agency records andinformationRespond to the subpoena or a Sec. 102.118 request associated withsuch a subpoena only upon instruction from the Special LitigationBranch. See Sec. 11826.2.Revised 01/11