§1208.7. Subpoenas and other requests for testimony and production of documents in legal proceedings where the NMB is not a party.
29 C.F.R. § 1208.7
In legal proceedings between private litigants, a subpoena or other demand for the production of records held by the Agency or for oral or written testimony of a current or former NMB employee should be addressed to the General Counsel, National Mediation Board, 1301 K Street NW., Suite 250E, Washington, DC 20005. No other official or employee of the NMB is authorized to accept service of a demand or subpoena on behalf of the Agency.
No current or former employee may produce official records or information or provide testimony in response to a demand or subpoena unless authorized by the General Counsel.
The General Counsel may grant an employee permission to testify or produce official records or information in response to a demand or subpoena. In making this determination, the General Counsel shall consider whether:
Release of the requested records or testimony is prohibited under § 1208.5;
The disclosure is appropriate under the rules of procedure governing the case or matter;
The requested testimony or records are privileged under the relevant substantive law concerning privilege;
Disclosure would violate a statute or regulation;
Disclosure would reveal trade secrets without the owner's consent; and
Allowing testimony or production of records would be in the best interest of the NMB or the United States.
Notes, amendments, and revision history
Authority
Authority: 44 Stat. 577, as amended; 45 U.S.C. 151-163.
Source
Source: 82 FR 8895, Feb. 1, 2017, unless otherwise noted.