Originally Posted by
FL370esq
I usually don't side with Sailing but I have to on this one because he is spot on correct. Either the "one of the 49" was exaggerating what actually happened or "the one of the 49" has no idea as to the difference between a search warrant and a subpoena .
A search warrant is a legal instrument obtained by law enforcement from a judge during the course of a criminal investigation in pursuit of evidence believed to support criminal charges. A subpoena (more specifically, a subpoena duces tecum) is an order, usually drafted by an attorney, compelling a party or witness to produce certain documents.
When the company filed for a temporary injunction against the 49 and the "No OT" campaign in Federal District Court for the Northern District of Georgia, the company was seeking a civil remedy. A civil remedy is obviously not a criminal matter so no search warrants would have been issued. However, I would not be surprised if each of the 49 named defendants was served a subpoena duces tecum and thereby ordered to produce emails and any other correspondance or documentation which the company believed would support its argument for the TRO.
my legal expertise consists of a stint as a process server...and a sibling who is an attorney. the event described to me was officials appearing at the personal residence with legal papers that provided for confiscation of personal records and any means of electronic transmission.
call it what you want....as the admonitions from the most recent amendment process indicate its still a hammer held by management. and I wonder how many other employees let alone schedulers are even aware of its existence.