Brookhaven Medical, Inc. and Future Matrix, Inc. as Joint and/or Single Employers

National Labor Relations Board - Unpublished Board Decisions

Jul 20, 2016

15-CA-170531 (N.L.R.B. Jul. 20, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
BROOKHAVEN MEDICAL, INC. AND FUTURE
MATRIX, INC., as Joint and/or Single Employers
and Case 15-CA-170531
DAVID DEPOYSTER
ORDER1
The petition to revoke subpoena duces tecum B-1-RH1303, filed by Brookhaven
Medical, Inc. and Future Matrix, Inc., 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 Petitioners have 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., July 20, 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 To the extent that the subpoena encompasses documents that the Petitioners believe
in good faith to be subject to the attorney-client privilege or the attorney work-product
doctrine, this Order is without prejudice to the Petitioners’ prompt submission of a
privilege log to the Region identifying and describing each such document, and
providing sufficient detail to permit an assessment of their claim of privilege or
protection. The Petitioners are directed to produce all responsive documents in its
possession not subject to any good-faith claim of privilege or protection.