Gross on December 4, 1969 for just cause? If not, what shall be the remedy?"
At the original hearing on February 25, 1971, counsel for the Union orally requested that the employer produce the Company's investigative file on Gross, No. 6904180[2] and the Union's demand was refused.[3] During its cross-examination of Gross, the Company did offer as exhibits several reports prepared by its investigators.[4] At the conclusion of the hearing, it was agreed that briefs should be filed within thirty days from the date of the receipt of the hearing transcript, but no mention was made concerning the Union's request for the issuance of a subpoena for the production of the defendant's investigative records, which it had declined to produce voluntarily.
Following the conclusion of the hearing and in theabsence of the defendant's representative, petitioner's counsel again orally renewed his previous motion for the production of the subpoenaed records and the arbitrator agreed to issue a subpoena duces tecum. Petitioner's counsel promptly phoned the employer's hearing representative to acquaint him with the fact that the request was being renewed. The latter acknowledged being informed, but denied he had acquiesced in the request or consented to it.
The arbitrator subsequently issued the subpoena on March 2, 1971, covering the production of respondent's personal file No. 6904180, insofar as its contents related to the discharge of employee-Gross. The information file purportedly included confidential statements of management and that of other employees solicited by the respondent's investigators.
At the March 11, 1971 hearing, defendant's counsel challenged and resisted the subpoena as being