LAND-AIR EXPRESS OF NEW ENGLAND, LTD

National Labor Relations Board - Unpublished Board Decisions

Sep 20, 2012

22-CA-080259 (N.L.R.B. Sep. 20, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
LAND AIR EXPRESS OF NEW ENGLAND, INC.
and Case 22-CA-080259
FRANK CUCCARESE
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-6746592 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).
Dated, Washington, D.C., September 20, 2012.
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 The Employer filed a Petition to Revoke subpoena duces tecum B-674654. The
Acting General Counsel’s Memorandum in Opposition to the Employer’s Petition to
Revoke subpoena duces tecum B-674654 notes that the rider to that subpoena
inadvertently requested documents for 2012 rather than 2011. The Acting General
Counsel subsequently issued Subpoena B-674659 to the Employer requesting the
same documents but for the correct time period. The Employer’s counsel was informed
of the change and provided a copy of subpoena B-674659. The Employer’s counsel
advised the Acting General Counsel that he would not amend the Petition to Revoke. In
these circumstances, we have considered the Employer’s Petition as seeking to revoke
Subpoena B-674659, and we view Subpoena B-674654 as moot.