Gruma Corporation d/b/a Mission Foods

National Labor Relations Board - Unpublished Board Decisions

Feb 25, 2010

32-CA-024791 (N.L.R.B. Feb. 25, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
GRUMA CORPORATION d/b/a
MISSION FOODS
and Case 32-CA-24791
INTERNATIONAL BROTHERHOOD
of TEAMSTERS, Local 853
ORDER'
Mission Food's petition to revoke subpoenas ad testificandurn A-873567,
A-7873568, and A-873569 is denied. The subpoenas seek information relevant
to the matter under investigation, as required by Section 11 (1) of the Act and
Section 102.31 (b) of the Board's Rules and Regulations, and the Petitioner has
failed to establish any legal basis for revoking the subpoenas. See generally
I Effective midnight December 28, 2007, Members Liebman, Schaumber,
Kirsanow, and Walsh delegated to Members Liebman, Schaumber, and
Kirsanow, as a three-member group, all of the Board's powers in anticipation of
the expiration of the terms of Members Kirsanow and Walsh on December 31,
2007. Pursuant to this delegation, Chairman Liebman and Member Schaumber
constitute a quorum of the three-member group. As a quorum, they have the
authority to issue decisions and orders in unfair labor practice and representation
cases. See Sec. 3(b) of the Act. See Teamsters Local 523 v. NLRB, 590 F.3d
849 (11 Oth Cir. 2009); Narricot Industries, L.P. v. NLRB, 587 F.3d 654 (4th Cir.
2009); Snell Island SNF LLC v. NLRB, 568 F.3d 410 (2d Cir. 2009), petition for
cert. filed 78 U.S.L.W. 3130 (U.S. Sept. 11, 2009) (No. 09-328); New Process
Steel v. NLRB, 564 F.3d 840 (7th Cir. 2009), cert. granted 130 S.Ct. 488 (2009);
Northeastern Land Services v. NLRB, 560 F. 3d 36 (1 st Cir. 2009), petition for
cert. filed 78 U.S.L.W. 3098 (U.S. Aug. 18, 2009) (No. 09-213). But see Laurel
Baye Healthcare of Lake Lanier, Inc. v. NLRB, 564 F.3d 469 (D.C. Cir. 2009),
petition for cert. filed 78 U.S.L.W. 3185 (U.S. Sept. 29, 2009) (No. 09-377).
NLRB v. North Bay Plumbing, 102 F.3d 1005 (9" Cir. 1996); NLRB v. Carolina
Food Processors, Inc., 81 F.3d 507 (4" Cir. 1996).
Dated, Washington, D.C., February 25, 2010.
WILMA B. LIEBMAN, CHAIRMAN
PETER C. SCHAUMBER, MEMBER