Michell North, LLC

National Labor Relations Board - Unpublished Board Decisions

Oct 20, 2015

03-CA-148587 (N.L.R.B. Oct. 20, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MICHELL ENTERPRISES, LLC d/b/a
MCDONALD’S and MCDONALD’S USA, LLC,
as Joint Employer
and Case 03-CA-148587
CITIZEN ACTION OF NY
ORDER1
The petition to revoke subpoena duces tecum B-1-MT5S89 and subpoenas ad
testificandum A-1-MT5QN1, A-1-MT4W7R, and A-1-MT52V7, filed by Michell
Enterprises, LLC is denied. The subpoenas seek information relevant to the matters
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, Michell Enterprises has failed to establish any other legal basis
for revoking the subpoenas. See generally NLRB v. North Bay Plumbing, 102 F.3d
1005 (9th Cir. 1996); NLRB v. Carolina Food Processors, Inc., 81 F.3d 507 (4th Cir.
1996).
Dated, Washington, D.C. October 20, 2015.
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
LAUREN McFERRAN, MEMBER

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