LOCAL 713 INTERNATIONAL BROTHERHOOD OF TRADE UNIONS (Sprain Brook Manor Rehab, LLC)

National Labor Relations Board - Board Decisions

Sep 24, 2013

02-CB-095670 (N.L.R.B. Sep. 24, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
LOCAL 713, INTERNATIONAL BROTHERHOOD
OF TRADE UNIONS
and Case 02-CB-095670
1199 SEIU UNITED HEALTHCARE
WORKERS EAST
ORDER1
Local 713, International Brotherhood of Trade Unions’s petition to revoke
subpoena duces tecum B-709367 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. The Union has failed to establish any 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 24, 2013.
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.