U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart F— Labor-Management and Employee Relations › Chapter CHAPTER 71— LABOR-MANAGEMENT RELATIONS › Subchapter SUBCHAPTER IV— ADMINISTRATIVE AND OTHER PROVISIONS

5 U.S.C. § 7132

Subpenas

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(a) Any member of the Authority, the General Counsel, or the Panel, any administrative law judge appointed by the Authority under section 3105 of this title, and any employee of the Authority designated by the Authority may—(1) issue subpenas requiring the attendance and testimony of witnesses and the production of documentary or other evidence from any place in the United States; and(2) administer oaths, take or order the taking of depositions, order responses to written interrogatories, examine witnesses, and receive evidence.No subpena shall be issued under this section which requires the disclosure of intramanagement guidance, advice, counsel, or training within an agency or between an agency and the Office of Personnel Management.(b) In the case of contumacy or failure to obey a subpena issued under subsection (a)(1) of this section, the United States district court for the judicial district in which the person to whom the subpena is addressed resides or is served may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt thereof.(c) Witnesses (whether appearing voluntarily or under subpena) shall be paid the same fee and mileage allowances which are paid subpenaed witnesses in the courts of the United States.(Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1214.)Statutory Notes and Related SubsidiariesEffective Date

Section effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title.

Notes of Decisions
Cited in 4 cases, 1982–2003 · leading case: Am. Fed'n of Gov't Employees Local 922 v. Ashcroft, 354 F. Supp. 2d 909 (E.D. Ark. 2003).
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Am. Fed'n of Gov't Employees Local 922 v. Ashcroft, 354 F. Supp. 2d 909 (E.D. Ark. 2003). “” 2 5 U.S.C. § 7132 (b). The Merit Systems Protection Board is statutorily authorized to issue subpoenas and to seek their enforcement in a United States District Court.”
Herbert F. Sears v. Dep't of the Navy, 680 F.2d 863 (1st Cir. 1982). “See 5 U.S.C. § 7132 ; 5 C.F.R. §§ 1201.71-85 (1982).”
Nat'l Labor Relations Bd. v. Fed. Labor Relations Auth., 952 F.2d 523 (D.C. Cir. 1992). “§ 7132 (1988) states: "No subpena shall be issued under this section which requires the disclosure of intramanagement guidance, advice, counsel, or training within an agency or between an agency and the Office of Personnel Management.” Where an employee has a right to a…”
Dep't of Air Force v. Fed. Labor Relations Auth., 877 F.2d 1036 (D.C. Cir. 1989). “” Thus, the fact that the MSPB reimburses travel costs is no indication that the FLRA is authorized to do so.”
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