Fourth Circuit Decision on Labor Board Procedure

The Fourth Circuit published an opinion in National Labor Relations Board v. Interbake Foods concerning the proper procedure for the Board in evaluating claims of privilege. The Court held that the Labor Board can itself evaluate claims of privilege for documents, and order in camera review in that process. But, if a party refuses to produce documents to the Board, a subpoena for the documents must be enforced by a federal district court, which will have to evaluate the claims of privilege in deciding whether to enforce the subpoena.