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Top NLRB Lawyer Discourages Use of Subpoenas for Investigations

March 13, 2019, 10:35 PM

The National Labor Relations Board’s top lawyer wants to limit regional directors’ use of subpoenas to get information from companies and unions not cooperating with the agency’s investigations of alleged unfair labor practices against them.

In a March 13 memo, General Counsel Peter Robb said regional directors can note a charged party’s significant lack of cooperation rather than issuing an investigative subpoena, “which could unnecessarily prolong the investigation and impede the prompt resolution of the underlying dispute.”

Speeding up case processing has emerged as one of Robb’s chief goals. Late last year, he directed the NLRB’s regional offices to ...