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National Labor Relations Board v. Local 138

UNITED STATES COURT OF APPEALS, SECOND CIRCUIT.


May 1, 1970

NATIONAL LABOR RELATIONS BOARD, PETITIONER
v.
LOCAL 138, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO ET AL., RESPONDENTS. LOCAL 138, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO ET AL., PETITIONERS V. NATIONAL LABOR RELATIONS BOARD, RESPONDENT. NATIONAL LABOR RELATIONS BOARD, PETITIONER V. NASSAU AND SUFFOLK CONTRACTORS ASSOCIATION, INC. ET AL., RESPONDENTS.

Author: Bruchhausen

BRUCHHAUSEN, D. J.: The Petitioner, in items 1 to 5 inclusive of its Notice of Motion, dated March 5, 1970, seeks to amend its motion for adjudication in civil contempt, by changing the title, "business agent" to "supervisor of hiring and referral operations."

The Respondents oppose upon the ground that the said title does not exist in the Respondent union.

The Petitioner also seeks to add item 7D, which, in substance, charges Thomas Eichacker with a denial of referral seniority. Items 8, 9 and 10 merely apply to a modification of the prayer to encompass a remedy for the additional violation of this Court's decree, as specified in item 7.

The Respondents' position is untenable, and the motion is granted, excepting as to the changing of the title that apparently does not exist.

The Respondents, by their Notice of Motion, seek an order for discovery, inspection and depositions.

The Petitioner opposes the same upon the ground that the Motion calls for the production of statements of prospective witnesses, destructive of the government's privilege against producing statements by informants, prior to trial, and secondly, the Respondents seek the disclosure of privileged intra-agency memoranda and communications, all of which pertain to the mental and decisional processes of the Petitioner's staff members. No objection is interposed to the production of correspondence between the Petitioner and the Respondents. The Petitioner opposes the taking of depositions upon the ground that the matters sought are privileged, immaterial and irrelevant.

The authorities support the Petitioner's position.

At the proper time, upon demand, the written statements of witnesses, called to testify, will be delivered to the Respondents, pursuant to the Jenck's Act. All investigative notes and other intra-agency memoranda are privileged and not subject to discovery. United States v. Morgan , 313 U.S. 409. See also NLRB v. Local 282, Teamsters , 70 L.R.R.M. 2793. The taking of oral depositions of the Petitioner's personnel is also unwarranted. United States v. Morgan, supra .

The Petitioner does not oppose production of any and all correspondence, between the Petitioner and the Respondents, referable to Local 138's hiring hall.

The Respondents move to set aside objections and to compel further answers to written interrogatories.

The Court has considered the objections and concludes compelling further answers is unwarranted.

Due to the length of time this proceeding has been pending, an early trial date is appropriate. Accordingly, June 3, 1970 at 10 a. m. is fixed as the trial date.

Copies hereof have this day been forwarded to the attorneys for the parties.

Settle order on two (2) days' notice.

19700501

© 1998 VersusLaw Inc.



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