Ozark Auto Distrib. v. NLRB, No. 11-1320 (D.C. Cir. 2015)
Annotate this CaseAfter Ozark contested the union's certification as the bargaining representative of company employees, the Board ordered the company to bargain with the union. Mainly at issue on appeal was whether, during a hearing on the validity of the election, the hearing officer erred in revoking Ozark's subpoenas duces tecum, and if so, whether the error prejudiced Ozark. In this case, the hearing officer never attempted to balance the employee interests against the company's need for the documents at issue, and there is no indication that the Board did so either. Had the Board done so, it would have recognized that at least some of the document requests did not implicate an employee's confidentiality interest. Further, the error in quashing the subpoenas caused Ozark prejudice where, among other things, the documents are not part of the administrative record available for judicial review. The court granted the petition for judicial review and denied the cross-petition for enforcement. Accordingly, the court vacated the Board's order and remanded.
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