TCGPlayer, Inc., (2023)

• Date: 15 August 2023

UNITED STATES OF AMERICA

BEFORE THE NATIONAL LABOR RELATIONS BOARD

TCGPLAYER, INC.

and Case 03-CA-314051

COMMUNICATION WORKERS OF

AMERICA

ORDER1

Petitioner TCGPlayer, Inc.’s Petition to Revoke subpoena duces tecum B-1-1IZDVHB is

denied. The subpoena seeks information relevant to the matters under investigation and

describeswith sufficient particularity the evidence sought, as required by Section 11(1) of the

Act and Section 102.31(b) of the Board’s Rules and Regulations. Further, the Petitioner has

failed to establish any other legal basis for revoking the subpoena.2 See generally NLRB v. North

Bay Plumbing,Inc., 102 F.3d 1005 (9th Cir. 1996); NLRB v. Carolina Food Processors, Inc., 81

F.3d 507 (4th Cir. 1996).

Dated, Washington, D.C. August 15, 2023.

LAUREN McFERRAN,CHAIRMAN

MARVIN E. KAPLAN,MEMBER

DAVID M. PROUTY,MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a three-

member panel.

2 The Petitioner’s objection to any demand for “native” production is denied as premature

because the subpoena does not specify the manner of production; it only requests that the

electronically stored information be produced “in the form or forms in which it is ordinarily

maintained or in a reasonably useable form or forms.”