Alle Processing Corp. d/b/a Meal Mart

National Labor Relations Board - Unpublished Board Decisions

Oct 30, 2018

29-CA-213963 (N.L.R.B. Oct. 30, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ALLE PROCESSING CORP.
d/b/a MEAL MART
and Case 29-CA-213963
TRAVERSE JOEL WILSON
ORDER1
The Employer’s Petition to Revoke investigative subpoena duces tecum B-1-
11CQJ3J is denied. The subpoena seeks information relevant to the matters under
investigation and describes with sufficient particularity the evidence sought, as required
by Section 11(1) of the Act and Section 102.31(b) of the Board’s Rules and Regulations.
Further, the Petitioner has failed to establish any other legal basis for revoking the
subpoena.2 See generally, NLRB v. North Bay Plumbing, Inc., 102 F.3d 1005 (9th Cir.
1996); NLRB v. Carolina Food Processors, Inc., 81 F.3d 507 (4th Cir. 1996).
Dated, Washington, D.C., October 30, 2018.
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 To the extent that the subpoena encompasses some documents that the Employer
has already produced, it need not produce those documents again, provided that the
Employer accurately describes which documents it has already provided, states
whether they constitute all of the requested documents, and provides all of the
subpoenaed information. With respect to documents not in the Employer’s possession,
it must produce such documents if they are in the Employer’s custody or control, as set
forth in paragraph “k” of the subpoena’s instructions.