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National Labor Relations Board v. Truck Drivers and Helpers

February 18, 1969

NATIONAL LABOR RELATIONS BOARD, PETITIONER
v.
TRUCK DRIVERS AND HELPERS, LOCAL UNION 282, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, RESPONDENT.



Before WATERMAN, SMITH and ANDERSON, Circuit Judges.

Per Curiam: Respondent having moved for an order directing petitioner to produce and permit the inspection and copying by respondent of certain documents and petitioner having responded to respondent's motion and the court having deliberated thereon, It Is Hereby Ordered:

(1) Petitioner shall make available to respondent prior to the hearing before the Master all miscellaneous material in its possession pertinent to the inquiry and to the issues before this court except any and all affidavits or written statements from informants and intra-agency memoranda and communications, all of which we hold are subject to governmental privilege in line with the underlying purposes Congress had in mind when it created petitioner and subsequently has defined its powers; and, as well, any notes or memoranda by attorneys of the Board of interviews with informants made in the course of investigation or in preparation for Board action or for court hearings; Nevertheless

(2) Despite the foregoing paragraph limiting the scope of discovery that respondent may employ prior to the hearing before our Master, respondent during the progress of the hearing, if demand be made for them, shall have in accordance with 18 U.S.C. § 3500 the statements of petitioner's testifying witnesses.

And It Is Further Ordered that any disputes or differences that may arise as to whether a particular designated document, paper, book, account, letter, photograph, object, or other tangible thing is producible under this order shall be presented to the Master during the course of the hearing, and, subject to our review upon receipt of his findings and report at the conclusion thereof, his rulings thereon shall be final.

19690218

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