---
kind: "section"
citation: "29 C.F.R. § 1208.7"
title: "29"
number: "1208.7"
heading: "Subpoenas and other requests for testimony and production of documents in legal proceedings where the NMB is not a party."
url: "https://uscodex.org/cfr/29/1208.7"
---

# §1208.7. Subpoenas and other requests for testimony and production of documents in legal proceedings where the NMB is not a party.

- (a) 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.
- (b) 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.
- (c) 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:
  - (1) Release of the requested records or testimony is prohibited under [§ 1208.5](/cfr/29/1208.5.md);
  - (2) The disclosure is appropriate under the rules of procedure governing the case or matter;
  - (3) The requested testimony or records are privileged under the relevant substantive law concerning privilege;
  - (4) Disclosure would violate a statute or regulation;
  - (5) Disclosure would reveal trade secrets without the owner's consent; and
  - (6) Allowing testimony or production of records would be in the best interest of the NMB or the United States.

## Notes

### Authority

Authority: 44 Stat. 577, as amended; 45 U.S.C. 151-163.

### Source

Source: 82 FR 8895, Feb. 1, 2017, unless otherwise noted.