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NATIONAL LABOR RELATIONS BOARD, Appellant, v. DUVAL JEWELRY COMPANY OF MIAMI, Inc., et al., Appellees

United States Court of Appeals for the Fifth Circuit1958-08-18No. No. 16180
257 F.2d 672

Summary

Holding. The judgment of the district court quashing the subpoenas is reversed and the case is remanded for the district court to enforce the subpoenas duces tecum in a manner that the district court determines will not impose undue burden or oppression, using its discretionary equitable powers to fashion appropriate accommodations.

The National Labor Relations Board sought to enforce five subpoenas duces tecum and one subpoena ad testificandum issued to Duval Jewelry Company in connection with a representation proceeding. The district court quashed all six subpoenas, citing three separate grounds: unreasonableness and burden, lack of party status, and the Board's exclusive power to revoke subpoenas in representation cases. On appeal, the Supreme Court resolved the jurisdictional question in the Board's favor, leaving only the question of whether the subpoenas were unreasonably burdensome. The district court had concluded that the 11-day deadline to gather voluminous business records from Jacksonville and transport them 350 miles to Miami for a hearing, combined with the need to copy essential documents to maintain business operations, made the subpoenas oppressive and unreasonable.

This court held that while the district court properly identified legitimate concerns about burden, the appropriate remedy was not to quash the subpoenas entirely. Instead, the district court possessed ample equitable authority to enforce the subpoenas while minimizing undue hardship—such as by allowing additional time for compliance, relocating the hearing to Jacksonville, permitting certified statements in lieu of original records, or authorizing Board agents to inspect and copy documents on-site. The district court's blanket rejection of the subpoenas was therefore excessive.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether subpoenas duces tecum requiring production of essential business records on short notice over substantial distance are per se unreasonable and burdensome
  • Whether the district court must quash oppressive subpoenas or may instead exercise equitable discretion to enforce them with reasonable accommodations
  • Scope of district court authority to modify subpoena compliance terms to prevent undue burden

Procedural posture

The case reached this appellate court on remand from the Supreme Court, which had reversed the prior appellate decision on jurisdictional grounds, leaving only the question of whether the subpoenas were unreasonably burdensome.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

RIVES, Circuit Judge.

The district court, 141 F.Supp. 860, refused to enforce and, to the contrary, quashed five subpoenas duces tecum issued by the Board pursuant to Section 11(1) of the National Labor Relations Act, 29 U.S.C.A. § 161, on the grounds that (1) they were unreasonable, burdensome, and oppressive, and (2) that they were not issued upon application of a “party” to the proceedings before the Board, 141 F.Supp. 860. It failed to pass upon ground (3) to the effect that the Board alone could revoke subpoenas duces tecum in representation proceedings. It also refused to enforce and quashed one subpoena ad testificandum on ground (2). This Court reversed the district court on the subpoena ad testificandum, and thus disposed of ground (2), but upheld the district court as respects the subpoenas duces tecum on ground (3), 243 F.2d 427. The Supreme Court reversed this Court and disposed of ground (3) favorably to the Board, 357 U.S. 1, 78 S. Ct. 1024, 2 L.Ed.2d 1097. The cause was remanded to this Court for proceedings in conformity with the opinion of the Supreme Court.

Only ground (1) as to the subpoenas duces tecum, i. e. that they were unreasonable, burdensome, and oppressive, remains to be considered. The district court expressed the reasons for its holding as follows [141 F.Supp. 861]:

“From the face of the subpoenas duces tecum (Exhibit ‘8’ attached to the Petition in each of these causes) it is clear that they are unreasonable, burdensome, and oppressive. They were issued on the 30th day of December, 1955, and directed to persons in Jacksonville, Florida. They required the production of voluminous books and records essential in the operation of the Respondents’ businesses, on the 10th day of January, 1956, at a representation hearing in Miami, Florida, located some 350 miles from Jacksonville, Florida. The extreme shortness of time within which the Respondents had to gather and produce their many records becomes quite apparent when it is appreciated that not only is the gathering of the records time-consuming, but in addition a great deal of time would be required by the Respondents to copy certain essential parts of the subpoenaed records in order that their respective businesses would not suffer because of the absence of the books and records. Subpoenas duces tecum requiring the production of books and records essential in the operation of a business should provide ample time for the business to prepare for the absence of those books and records. Patently no such time was provided herein. For that reason the subpoenas duces tecum should be quashed.”

The hearing officer offered, if appellees would so request, to change the place of hearing from Miami to Jacksonville. The subpoenas themselves provided that, “in lieu of” providing the books and records required, the appellees could submit “a statement signed and certified to by a responsible official” setting forth the jurisdictional data and information which would be shown by the books and records. Several extensions of time were granted up to February 2, 1955, when the appellees refused to comply with the subpoenas without requesting additional time. The district court has full power to assure appellees of sufficient time to comply, or even, in its discretion, to provide for inspection and copying of the records by Board agents. See National Labor Relations Board v. Northern Trust Co., 7 Cir., 1945, 148 F.2d 24, 29-30. It is clear that the district court can effectively exercise its discretion so as to relieve the appellees from any undue oppression or burden without quashing the subpoenas entirely. National Labor Relations Board v. Anchor Rome Mills, 5 Cir., 1952, 197 F.2d 447, 450; Jackson Packing Co. v. National Labor Relations Board, 5 Cir., 1952, 204 F.2d 842, 844. The judgment of the district court is therefore reversed and the cause remanded for enforcement of the subpoenas in a manner considered by the district court to be not unduly burdensome or oppressive.

Reversed and remanded.