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N.L.R.B. v. BAKERSFIELD CALIFORNIAN

No. 96-17140.

128 F.3d 1339 (1997)

NATIONAL LABOR RELATIONS BOARD, Plaintiff-Appellant, v. The BAKERSFIELD CALIFORNIAN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 19, 1997.

Attorney(s) appearing for the Case

Eric G. Moskowitz and Paul A. Ades, National Labor Relations Board, Washington, DC, for plaintiff-appellant.

David S. Durham and Maria G. Narayan, Littler, Mendelson, Fastiff, Tichy & Mathiason, San Francisco, CA, for defendant-appellee.

Before: WOOD, JR., RYMER, and TASHIMA, Circuit Judges.

RYMER, Circuit Judge.

This appeal requires us to decide whether section 11 of the National Labor Relations Act (NLRA), 29 U.S.C. § 161, gives the National Labor Relations Board (NLRB) authority to issue investigative subpoenas to non-parties. The NLRB brought this appeal after the district court refused to order The Bakersfield Californian, a newspaper, to comply with a subpoena duces tecum to produce information about an anonymous employer, against whom an unfair...

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