Khanna Enterprises, LTD, d/b/a Four Points by Sheraton

National Labor Relations Board - Board Decisions

Nov 6, 2012

32-CA-085933 (N.L.R.B. Nov. 6, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FOUR POINTS BY SHERATON
and Case 32-CA-085933
UNITE HERE LOCAL 19
ORDER1
The Employer’s petition to revoke subpoena ad testificandum A-879617 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.
Carolina Food Processors, Inc., 81 F.3d 507 (4th Cir. 1996).2
Dated, Washington, D.C., November 6, 2012.
MARK GASTON PEARCE, CHAIRMAN
BRIAN E. HAYES, MEMBER
RICHARD F. GRIFFIN, JR., MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 Member Hayes would hold the petition to revoke investigative subpoena ad
testificandum in abeyance for thirty days to provide the Region an opportunity to file a
supplemental opposition explaining what further evidence is necessary to determine if a
complaint should issue, and why such evidence can only be obtained through the
affidavit of the Employer’s agent and/or supervisor.