N.L.R.B. v. DETROIT NEWSPAPERS

No. 98-1432.

185 F.3d 602 (1999)

NATIONAL LABOR RELATIONS BOARD, Petitioner-Appellee, v. DETROIT NEWSPAPERS, formerly known as Detroit Newspaper Agency; Detroit News, Incorporated, Respondents-Appellants, Detroit Free Press, Incorporated, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided July 22, 1999.


Attorney(s) appearing for the Case

Joseph P. Canfield, Theodore Niforos, Patricia A. Fedewa, National Labor Relations Board, Region Seven, Detroit, MI, Lori W. Ketcham (argued), National Labor Relations Board, Office of General Counsel, Margery E. Lieber (briefed), National Labor Relations Board, Special Litigation Branch, Washington, DC, for Petitioner-Appellee.

Robert M. Vercruysse (argued and briefed), William E. Altman (briefed), Vercruysse, Metz & Murray, Bingham Farms, MI, for Detroit Newspapers and Detroit News, Inc.

Before: RYAN, NORRIS, and COLE, Circuit Judges.


RYAN, Circuit Judge.

The question presented is whether the federal district court erred in directing an administrative law judge to decide whether certain documents, subpoenaed by the National Labor Relations Board in an ongoing labor dispute, were privileged, and therefore not subject to subpoena. We hold that the court did err, and reverse.

The ALJ in the underlying unfair labor practice proceeding directed the respondents, collectively, the Detroit Newspapers...

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