Coastal Sunbelt Produce, Inc.

National Labor Relations Board - Unpublished Board Decisions

Feb 24, 2014

05-CA-112150 (N.L.R.B. Feb. 24, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
COASTAL SUNBELT PRODUCE, INC.
and Cases 05-CA-112150

ROBERTO MENDOZA
and 05-CA-104202
HECTOR ROLANDO ALEMAN
and 05-CA-109148
MICHAEL W. WOOD
and 05-CA-110382
JOSE PORTILLO
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-721640 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
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.

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2
Carolina Food Processors, Inc., 81 F.3d 507 (4th Cir. 1996).2
Dated, Washington, D.C., February 24, 2014
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
NANCY SCHIFFER, MEMBER

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, states whether
those previously-supplied documents constitute all of the requested documents, and
provides all of the information that was subpoenaed.