NATIONAL LABOR RELATIONS BOARD v. Duval Jewelry Co., Civ. No. 6759-M to 6763-M.

Citation141 F. Supp. 860
Decision Date30 March 1956
Docket NumberCiv. No. 6759-M to 6763-M.
PartiesNATIONAL LABOR RELATIONS BOARD, Petitioner, v. DUVAL JEWELRY COMPANY OF MIAMI, Inc., Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. DUVAL JEWELRY COMPANY, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. JENKINS AND SONS, Inc., Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. JENKINS JEWELRY COMPANY, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. Oliver A. JENKINS, Respondent.
CourtUnited States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida

Lloyd R. Fraker, Chief Law Officer, Tenth Region, National Labor Relations Board, Atlanta, Ga., and Allen Sinsheimer, Jr., Atty., Tenth Region, National Labor Relations Board, Atlanta, Ga., for petitioner, National Labor Relations Board.

Hamilton & Bowden, Jacksonville, Fla., and Theo Hamilton, Jacksonville, Fla., of counsel, for respondents.

CHOATE, District Judge.

This matter comes before me to enforce compliance with subpoenas ad testificandum and duces tecum issued preparatory to a National Labor Relations Board representation hearing. The subpoenas in question were directed to the above-named Respondents in these causes, who are also co-respondents in the National Labor Relations Board Case No. 10-RC-3333. The question of the validity and propriety of the subpoenas came on to be heard before the Court on the 2nd day of March, 1956, pursuant to 29 U.S.C.A. § 161, and the Court, having heard argument of counsel and having examined the very able briefs submitted subsequent to the hearing by both sides, is of the opinion that the subpoenas sought to be enforced in these causes should be quashed for the following reasons.

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...

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2 cases
  • National Labor Relations Board v. Duval Jewelry Company of Miami
    • United States
    • U.S. Supreme Court
    • 9 Junio 1958
    ...them.5 The District Court quashed the subpoenas holding them unreasonable and oppressive. It also held they had been invalidly issued. 141 F.Supp. 860. The Court of Appeals reversed the District Court on the subpoena ad testificandum; and no question concerning it is before us. But it uphel......
  • National Labor Relations Board v. DUVAL JEWELRY COMPANY OF MIAMI, 16180.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 18 Agosto 1958
    ...Hamilton, Jacksonville, Fla., for appellees. Before RIVES, TUTTLE and BROWN, Circuit Judges. 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 L......

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