Berbiglia, Inc

In Berbiglia, Inc. (1977) 233 N.L.R.B. 1476, again the question of a negotiator-client right of privacy was not before the Board. The issues were whether the employer had misrepresented the union's continuing desire to represent the employees and solicited the employees to resign from the union and abandon the strike. The subpena that was revoked lacked sufficient specificity in its search for union records; it was revoked on the grounds that it would subvert the relationship between the union and its members ( id., at p. 1495). In the ALO's decision which was attached to the NLRB decision, it is stated "I revoked the major part of subpoenas duces tecum by which the employer sought to obtain a wide ranging examination of the Union's records, including communications between the Union and its members and other organizations." (Ibid.)