EBI, LLC

National Labor Relations Board - Board Decisions

Feb 4, 2013

10-CA-088242 (N.L.R.B. Feb. 4, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
EBI, LLC
and Case 10-CA-088242
UNITED STEEL WORKERS
INTERNATIONAL UNION ON BEHALF OF
UNITED STEEL WORKERS LOCAL 831
ORDER
The Employer’s petition to revoke subpoena duces tecum B-644216 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.1 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 4, 2013.
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER

1 In its opposition to the petition to revoke the subpoena duces tecum, the Subregion
stated that it was prepared to narrow its request for complete personnel files to the files
of unit employees as defined by Case 11-RC-006761. In denying the Employer’s
petition to revoke the subpoena duces tecum, we consider the subpoena as so
narrowed.