BUILDING OPPORTUNITIES FOR SELF-SUFFICIENCY

National Labor Relations Board - Board Decisions

Feb 12, 2016

32-CA-158844 (N.L.R.B. Feb. 12, 2016)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
BUILDING OPPORTUNITIES FOR
SELF-SUFFICIENCY
and Case 32-CA-158844
CALIFORNIA PROFESSIONAL EMPLOYEES,
LOCAL UNION #2345, DISTRICT COUNCIL #36,
IUPAT, AFL-CIO
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-1-P5L5OL 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 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).2
Dated, Washington, D.C., February 12, 2016
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, 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 Employer has provided some of the requested material, it is not
required to produce that information again, provided that the Employer accurately
describes which documents under subpoena it has already provided, establishes when
the documents were created, states whether those previously-supplied documents
constitute all of the requested documents, and provides all of the information that was
subpoenaed.