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

National Labor Relations Board - Board Decisions

Nov 3, 2016

15-CA-170531 (N.L.R.B. Nov. 3, 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 Cases 15-CA-170531
15-CA-178256
DAVID DePOYSTER
ORDER
The Employers’ petition to revoke subpoena ad testificandum A-1-T29AFV 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. See Postal
Workers Local 64 (USPS), 340 NLRB 912 (2003); Offshore Mariners United, 338 NLRB
745 (2002).1 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., November 3, 2016.
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
LAUREN McFERRAN, MEMBER

1 Member Miscimarra agrees that the petition to revoke should be denied since the
Employers have failed to raise any meritorious grounds for revocation. In Member
Miscimarra’s view, however, consistent with his position in Christus St. Vincent Regional
Medical Center, 28-CA-149798 (Aug. 24, 2015), CCR Fire Protection, LLC, 15-CA-
134356 (Feb. 23, 2015), and International Union of Elevator Constructors (Otis
Elevator), 29-CB-084077 (Aug. 29, 2014), the instant subpoena ad testificandum, which
only identifies the case name and number, is deficient because it fails to state with
sufficient particularity the evidence being sought. Nevertheless, he concurs in the
denial of the petition to revoke in the absence of any objection to the subpoena on this
basis.