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cfr_sections: 29:29:4.1.2.1.9.0.1.7

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29:29:4.1.2.1.9.0.1.7 29 Labor X   1208 PART 1208—AVAILABILITY OF INFORMATION     1208.7 § 1208.7 Subpoenas and other requests for testimony and production of documents in legal proceedings where the NMB is not a party. NMB 44 Stat. 577, as amended; 45 U.S.C. 151-163. 82 FR 8895, Feb. 1, 2017, unless otherwise noted.   (a) In legal proceedings between private litigants, a subpoena or other demand for the production of records held by the Agency or for oral or written testimony of a current or former NMB employee should be addressed to the General Counsel, National Mediation Board, 1301 K Street NW., Suite 250E, Washington, DC 20005. No other official or employee of the NMB is authorized to accept service of a demand or subpoena on behalf of the Agency. (b) No current or former employee may produce official records or information or provide testimony in response to a demand or subpoena unless authorized by the General Counsel. (c) The General Counsel may grant an employee permission to testify or produce official records or information in response to a demand or subpoena. In making this determination, the General Counsel shall consider whether: (1) Release of the requested records or testimony is prohibited under § 1208.5; (2) The disclosure is appropriate under the rules of procedure governing the case or matter; (3) The requested testimony or records are privileged under the relevant substantive law concerning privilege; (4) Disclosure would violate a statute or regulation; (5) Disclosure would reveal trade secrets without the owner's consent; and (6) Allowing testimony or production of records would be in the best interest of the NMB or the United States.
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