Brisam (DE) LAX LLC, McSam Hotel LLC, The Packard Companies d/b/a Holiday Inn LAX Hotel

National Labor Relations Board - Unpublished Board Decisions

Jun 24, 2013

31-CA-091788 (N.L.R.B. Jun. 24, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
BRISAM (DE) LAX, LLC, MCSAM
HOTEL, LLC, THE PACKARD COMPANIES
D/B/A HOLIDAY INN LAX HOTEL
and Cases 31-CA-091788
31-CA-094386
31-CA-096242
31-CA-096243
31-CA-096244
31-CA-096245
31-CA-096248
UNITE HERE LOCAL 11 31-CA-098398
ORDER
The Packard Companies’ petition to revoke subpoena duces tecum B-705820 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 Employer has failed to establish any other legal basis for revoking the subpoenas.1
See generally NLRB v. North Bay Plumbing, Inc., 102 F.3d 1005 (9th Cir. 1996); NLRB v.

1 The Employer contends that the Board does not have a valid quorum under Noel
Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013), and that the Board’s appointment of
Region Director Mori Rubin was not a rightful appointment. For the reasons stated in
Bloomingdale’s, Inc., 359 NLRB No. 113 (2013), these arguments are rejected.
2
Carolina Food Processors, Inc., 81 F.3d 507 (4th Cir. 1996).2
Dated, Washington, D.C., June 24, 2013.
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER

2 In considering the petition to revoke, we have evaluated the subpoena in light of the
Region's statement that it is willing to clarify the scope of the subpoena as follows:
paragraph 10 is clarified to request only employee handbooks and copies of the
Employer’s policies relating to solicitation, layoffs, transfers, and recalls; and
paragraphs 11, 12, and 13 are clarified to request responsive documents for the period
April 12, 2011 to April 12, 2013.