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National Labor Relations Board v. International Union of Operating Engineers

March 31, 2011

NATIONAL LABOR RELATIONS BOARD, PLAINTIFF,
v.
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 150, AFL-CIO, DEFENDANT.



The opinion of the court was delivered by: Joe Billy Mcdade United States Senior District Judge

E-FILED Thursday, 31 March, 2011 03:23:20 PM

Clerk, U.S. District Court, ILCD

OPINION and ORDER

On February 28, 2011, this Court denied Defendant's Motion to Dismiss and/or Quash or in the Alternative for Judgment on the Pleadings and Motion to File a Reply Brief (Doc. 32). Thereafter, on March 10, 2011, the Court initiated a telephone hearing, advising the parties that Plaintiff's November 9, 2006 subpoena duces tecum to William E. Dugan, Defendant's President and Business Manager, which is the subject of this proceeding, shall be enforced and instructing Plaintiff to prepare an Order granting enforcement of the subpoena, with an attached agreed upon schedule for the production of documents, including language providing for the confidentiality of certain personal information contained within the documents. The parties, however, were unable to agree upon a schedule of production.

Therefore, IT IS HEREBY ORDERED that:

1. Plaintiff s Application for an Order Enforcing its Investigative Subpoena Duces Tecum to William E.Dugan, Defendant's President and Business Manager, is GRANTED and the Subpoena is ENFORCED as to all items sought;

2. Defendant International Union of Operating Engineers, Local 150, AFL-CIO, shall produce all the subpoenaed documents to Plaintiff in the manner, on the dates and at the times and places specified in the attached production schedule (Exhibit A);

3. The parties shall abide by the confidentiality provisions agreed to in the attached production schedule; and

4. The Court shall retain jurisdiction of this matter for at least 6 months from the date of this Order for purposes of enforcing the schedule attached to this Order. This matter is referred to the Magistrate Judge for such enforcement.

EXHIBIT A: SCHEDULE OF PRODUCTION OF SUBPOENAED DOCUMENTS AND ELECTRONICALLY STORED INFORMATION

Defendant shall produce all documents subpoenaed by Plaintiff in its November 9, 2006 Investigative Subpoena Duces Tecurn to Defendant's President and Business Manager William E. Dugan (attached) as follows:

1. Defendant shall produce copies of all items requested in paragraphs 6, 10, 11, 12, 13, 14, 15, and 16 of the Investigative Subpoena by each Union District referral hall. At least five business days before the date of production set forth below, Defendant shall designate and identify the custodian of records from the referral hall who shall appear at Plaintiff s Subregional office, 300 Hamilton Blvd., Suite 200, Peoria, Illinois 61602 (hereafter "Plaintiff s Subregional office") at 9:30 a.m. on the date specified to provide sworn testimony regarding the documents produced. The taking of sworn testimony shall continue from day to day until completed.

A. District 4 (Rockford, IL) ...


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