BAKERY CONFECTIONARY TOBACCO WORKERS & GRAIN MILLERS UNION

National Labor Relations Board - Board Decisions

Aug 3, 2016

21-CA-171340 (N.L.R.B. Aug. 3, 2016)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
BAKERY CONFECTIONARY TOBACCO
WORKERS & GRAIN MILLERS UNION
and Case 21-CA-171340
SANDRA LOPEZ
ORDER1
The Employer’s motion to quash subpoena duces tecum B-1-S8L8K1 is denied.
The subpoena seeks information relevant to the matter 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
Employer 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., August 3, 2016.
MARK GASTON PEARCE, CHAIRMAN
KENT Y. HIROZAWA, MEMBER
LAUREN McFERRAN, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 The Region requested commerce information, and the Employer asks the Board to
quash the subpoena because, the Employer argues, the Region can – and should – get
that information from other sources. But the possibility that the requested information
may be available from other sources is not a basis to quash a subpoena, as the
requested documents may be necessary to corroborate or supplement the investigative
file. The Regional staff plainly acted properly in seeking the information from the
Employer and, further, in proceeding by subpoena after their initial requests went
unanswered.