January 2011 - National Labor Relations Board

11826 AGENCY MOTION TO QUASH OR PETITION TO REVOKE11824.4 Witness Fees and AllowancesAgency employees who testify in their official capacity in private litigation arerequired to collect the authorized witness fees and allowances for expenses of travel.Since the employees remain in official duty status, such funds, with covering memo andcertification of service, must be forwarded to the Finance Section.11826 Agency Motion to Quash or Petition to Revoke11826.1 Motion to Quash or for Protective Order―Non-Board ProceedingsWith respect to any subpoena in non-Board proceedings, the Regional Officeshould contact the Special Litigation Branch to determine what action, if any, should betaken. See Sec. 11824.3.11826.2 Testimony or Production of Records in Non-Board ProceedingsShould a motion to quash or for protective order be denied and not reversed onappeal, should there have been insufficient time in which to file the motion, or should amotion to quash or its equivalent not be applicable in the jurisdiction involved, theRegional Office should immediately consult with Special Litigation Branch and theDivision of Operations-Management. When such consultation is not possible and whenthere is a court order compelling appearance and providing evidence, unless otherwisedirected by the Board, the Chairman of the Board, or the General Counsel, thesubpoenaed Board agent should make an appearance at the trial or hearing, accompaniedby a Board attorney for representation. The Board agent should take the oath and answerpreliminary questions, such as name and occupation. In response to substantivequestions, the agent should respectfully decline to answer or to produce records on thegrounds that (i) such testimony or document production is prohibited by Sec. 102.118,Rules and Regulations, and (ii) for the reasons that were previously asserted in themotion to quash or that would have been asserted therein had one been filed. See Sec.11820.Should prior consent have been procured, the subpoenaed Board agent shouldtestify or produce records to the extent covered by the consent. With respect to othermatters that exceed the scope of the consent, except those clearly not arising in an officialcapacity, the agent should follow the guidance set forth in the paragraph above.Should the Board agent be ordered to give information or produce records inviolation of Sec. 102.118, the accompanying attorney representing the Board agentshould request that action be delayed for a short time in order to consult with SpecialLitigation Branch.11826.3 Petition to Revoke―Board ProceedingsAbsent authorization to comply with any NLRB subpoena in a Board proceeding,the Regional Office should file a petition to revoke. A supporting memorandum,consistent with Sec. 11820, should be filed. See Secs. 11782–11782.5 for details onpetitions to revoke.Revised 01/11