Marquez Brothers Enterprises, Inc.

National Labor Relations Board - Unpublished Board Decisions

Aug 22, 2012

21-CA-078519 (N.L.R.B. Aug. 22, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MARQUEZ BROTHERS ENTERPRISES, INC.
and Case 21-CA-078519
TEAMSTERS LOCAL 630
ORDER1
The Employer’s petitions to revoke subpoenas ad testificandum D-198240, D-
198242, and D-198243 are denied. The subpoenas seek information relevant to the
matter under investigation and describe 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 subpoenas.2 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., August 22, 2012
MARK GASTON PEARCE, CHAIRMAN
BRIAN E. HAYES, MEMBER
SHARON BLOCK, 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 petitions 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 testimony of the Employer’s agents and/or supervisors.