ARCO CONSTRUCTION GROUP

National Labor Relations Board - Unpublished Board Decisions

Apr 4, 2012

22-CA-072747 (N.L.R.B. Apr. 4, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ARCO CONSTRUCTION GROUP
and Case 22-CA-072747
LOCAL 595, LIUNA
ORDER1
Arco Construction Group’s petition to revoke subpoena duces tecum B-612392 is
granted with respect to Paragraph 5, which requires that the Employer provide “[a] list
specifying what documents are being produced pursuant to each paragraph above.” In
all other respects, the petition is denied. Paragraphs 1-4 of the subpoena seek
information relevant to the matter under investigation and describe 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 Employer has failed to
establish any other legal basis for revoking the subpoena. 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., April 4, 2012.
BRIAN E. HAYES, MEMBER
RICHARD F. GRIFFIN, JR., MEMBER
TERENCE F. FLYNN, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.