Dichello Distributors, Inc.

National Labor Relations Board - Unpublished Board Decisions

Jan 12, 2018

01-CA-183436 (N.L.R.B. Jan. 12, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
DICHELLO DISTRIBUTORS, INC.
and Case 01-CA-183436
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, LOCAL 443
ORDER1
The Employer’s petition to revoke subpoenas duces tecum B-1-UV0QQD 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.2 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., January 12, 2018.
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER
WILLIAM J. EMANUEL, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 Contrary to the Employer’s argument, we find that the Region’s January 12, 2017
letter to the Employer, which advised the Employer of language that the Region had
inadvertently omitted from the subpoena’s stated purpose, was not an improper
attempt to expand the subpoena and does not warrant revoking the subpoena,
particularly as it did not affect the content of the subpoena in any way.
To the extent that the Employer asserts, in response to subpoena par. 7, that it
does not maintain updated and current written job descriptions for all employees,
the Employer is not required to produce subpoenaed evidence that it does not
possess. However, the Employer is required to conduct a reasonable and diligent
search for all requested evidence, and as to requested evidence that the Employer
determines it does not possess, the Employer must affirmatively represent to the
Region that no responsive evidence exists.