Century Management LLC d/b/a McDonald's and McDonald's USA, LLC, Joint Employers

National Labor Relations Board - Board Decisions

Apr 21, 2016

15-CA-140851 (N.L.R.B. Apr. 21, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CENTURY MANAGEMENT LLC d/b/a
McDONALD’S AND McDONALD’S USA, LLC
and Cases 15-CA-140851
15-CA-157077
MEMPHIS WORKERS ORGANIZING
COMMITTEE, A PROJECT OF THE
MID-SOUTH ORGANIZING COMMITTEE
ORDER1
Employer Century Management LLC’s petition to revoke subpoena duces tecum
B-1-OY996T 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.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).3
Dated, Washington, D.C., April 21, 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 In considering the petition to revoke, we have evaluated the subpoena duces tecum as
modified by the Region in its opposition brief, in which the Region amended the definition of
“Respondent” to mean “Century Management LLC d/b/a McDonald’s.”
3 Our denial of the Employer’s petition is without prejudice to the Employer’s submission of
another privilege log with regard to documents that the Employer has a good faith belief should
be protected, provided that the log satisfies the requirements of par. k of the subpoena’s
Definitions and Instructions by identifying each document by including the date, author,
recipients, general subject matter, and the presence of attachments or enclosures, and that the
Employer produces all other documents sought by the subpoena.