Clinical Colleagues, Inc.

National Labor Relations Board - Board Decisions

Feb 11, 2016

10-CA-156810 (N.L.R.B. Feb. 11, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CLINICAL COLLEAGUES, INC.
and Case 10-CA-156810
NATIONAL NURSES ORGANIZING
COMMITTEE (NNOC)
ORDER1
The petition to revoke subpoena duces tecum B-1-OH4BBT, filed by Clinical
Colleagues, 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 Petitioner 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).
Dated, Washington, D.C., February 11, 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 Petitioner has provided some of the requested material, it is not
required to produce that information again, provided that the Petitioner accurately
describes which documents under subpoena it has already provided, states whether those
previously-provided documents constitute all of the requested documents, and provides all
of the information that was subpoenaed.
To the extent that the subpoena encompasses some documents that the Petitioner
believes in good faith to be subject to the attorney-client privilege or the attorney work
product doctrine, this Order is without prejudice to the Petitioner’s prompt submission of a
privilege log to the Region identifying and describing each such document, and providing
sufficient detail to permit an assessment of the Petitioner’s claim of privilege or protection.
The Petitioner is directed to produce all responsive documents in its possession not
subject to any good-faith claim of privilege or protection.