"Casehandling in light of Fleming Cos., 332 NLRB No. 99 (October 31, 2000)"

OFFICE OF THE GENERAL COUNSEL

TO: All Regional Directors, Officers-in-Charge, and Resident Officers

FROM: Leonard R. Page, General Counsel

SUBJECT: Casehandling in light of Fleming Cos., 332 NLRB No. 99 (October 31, 2000)

In several cases over the past few years, the Division of Advice has authorized Regions to argue that the Board should

reconsider and overrule its decision in Anheuser-Busch, 237 NLRB 982 (1978), that a party to a collective bargaining

relationship has no obligation to disclose witness statements relevant to a potential grievance. See, e.g., Ormet Aluminum Mill

Products Corp., Case 8-CA-29061, Advice Memorandum dated September 5, 1997. In Fleming Cos., 332 NLRB No. 99

(October 31, 2000), the Board declined to overrule Anheuser-Busch. See id., slip op at 2, n..7, and slip op. at 5. Accordingly, in

resolving charges and litigating pending complaints that implicate a party's obligation to disclose witness statements, the

Regions should rely on extant Board law and should not rely on arguments inconsistent with Anheuser-Busch.

If you have any questions regarding this matter, consult with the Division of Advice. GC Memorandum 99-10 is modified to

remove this issue as a mandatory submission.

/s/

L. R. P.

cc: NLRBU

MEMORANDUM GC 01-02

MEMORANDUM GC 01-02

February 1, 2001

Page 1 of 1

GC Memo 01-02 - Casehandling in light of Fleming Cos., 332 NLRB No. 99 (October 31, 2000)

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