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NLRB Law Memo 05/20/2008
by Ross Runkel at LawMemo
NLRB Law Memo 05/20/2008
by LawMemo - First in Employment Law.
Also by free weekly email.
NLRB - Staff summarized 2 decisions.
CNN America,
Inc. and Team Video Services, LLC, Joint Employers (5-CA-31828, 33125; 352
NLRB No. 64) Washington, D.C. May 9, 2008.
http://www.nlrb.gov/shared_files/Board%20Decisions/352/v35264.htm
The
administrative law judge ruled, during the hearing, that (1) the Respondent
must produce documents subpoenaed by the General Counsel except to the
extent that he specifically rules otherwise or defers making a decision on
particular issues; and (2) the Respondent must produce certain documents
listed on the Respondent's privilege and redaction logs for in camera
inspection. The Board granted
the General Counsel's motion to bifurcate consideration of issues concerning
privilege; denied the General Counsel's motion to bifurcate consideration of
issues concerning payroll records requested by the General Counsel's
subpoena; denied the Respondent's motion to strike the General Counsel's
motion; granted the Respondent special permission to appeal the judge's
denial of its petition to revoke the subpoena concerning the documents
listed on privilege and redaction logs; denied the Respondent's special
appeal on the merits, finding that in camera examination of documents to
evaluate claims of privilege is a proper exercise of the judge's authority;
and ordered the Respondent to produce those documents to the judge for in
camera inspection. Accordingly,
the Board remanded the proceeding to the judge for further action consistent
with its order.
(Chairman
Schaumber and Member Liebman participated.)
***
New York
Newspaper Printing Pressmen's Union No. 2 (New York Times Co.)
(2-CB-20454-E; 352 NLRB No. 63) New York, NY May 9, 2008.
http://www.nlrb.gov/shared_files/Board%20Decisions/352/v35263.htm
The Board
(Chairman Schaumber and Member Liebman) adopted the administrative law
judge's recommended Order and denied the application of the Applicant, New
York Newspaper Printing Pressmen's Union No. 2, for attorney's fees and
expenses under the Equal Access to Justice Act (EAJA). In denying the application, the Board agreed with the judge that the
Applicant was not a "prevailing party" either under Buckhannon
Board & Care Home, Inc. v. West Virginia Dept. of Health and Human
Resources, 532 U.S. 598 (2001), or under Board precedent prior to
Buckhannon, and it was on this basis that the Board adopted the judge's
recommended Order and dismissed the EAJA application. In dismissing the application, Chairman Schaumber also relied on the
judge's finding that the Applicant did not meet its burden of establishing
that it was financially eligible for an EAJA award.
(Chairman
Schaumber and Member Liebman participated.)
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
