National Labor Relations Board v. North Bay Plumbing, Inc. Patrick Pettit Elmer Lee Pettit David A. Adams

North Bay Plumbing appeals the district court’s order enforcing investigative subpoenas issued by the National Labor Relations Board. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

BACKGROUND

On May 6, 1994, eight union plumbers applied for jobs with North Bay Plumbing. The plumbers wore union caps and indicated their union affiliation on their applications. North Bay’s superintendent explained to the plumbers that North Bay needed plumbers quickly, and that the matter would be referred to the company’s general superintendent. None of the plumbers was contacted for interviews.

Plumbers and Steamfitters, Local 343, filed a complaint with the National Labor Relations Board alleging an unfair labor practice. The Board’s Regional Director, through Board attorney Paula Paley, investigated the charge.

At Ms. Paley’s request, the Board issued several investigative subpoenas. The subpoenas required North Bay’s custodian of records to testify and produce: (1) North Bay’s rules and policies governing applications for employment since April 1, 1994; (2) the names, addresses, and telephone numbers of all persons applying for jobs as plumbers since April 1, 1994 and their job…