Stoel Rives attorney Tim O'Connell discussed in the Portland Business Journal a recent Congressional effort to subpoena all documents relating to a National Labor Relations Board ("NLRB") case against the Boeing Co. ("Boeing"). The NLRB complaint turns on whether Boeing retaliated against union actions when the company decided to build a second 787 assembly plant in North Charleston, S.C. In its subpoena, the U.S. House of Representatives Oversight and Government Committee requested that the NLRB turn over all documents it had received from Boeing and Machinists Union Local 751, going back to January 1, 2009. The filing is the first time since 1940 that the NLRB has been subject to a Congressional subpoena.
O'Connell said that the Congressional subpoena would impact how the parties litigate the case. "The general counsel would prefer to keep their evidence secret for as long as they can," he noted.
"House demands Boeing documents from NLRB" was published by the Puget Sound Business Journal, August 8, 2011.