NFI and Tri-State Staffing, a Joint Employer

National Labor Relations Board - Unpublished Board Decisions

Mar 5, 2012

31-CA-063360 (N.L.R.B. Mar. 5, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
NFI AND TRI-STATE STAFFING,
A JOINT EMPLOYER
and Cases 31-CA-63360
31-CA-63620
WAREHOUSE WORKERS UNITED 31-CA-65731
31-CA-66952
ORDER1
NFI’s petition to revoke in part subpoena duces tecum B-614533 is denied as
untimely. Section 11(1) of the Act and Section 102.31(b) of the Board's Rules and
Regulations requires that a petition to revoke an investigative subpoena must be filed
within 5 days after the date of service of the subpoena. The subpoena at issue here was
served on the subpoenaed party on December 21, 2011. Thus, the instant petition, which
was filed January 3, 2012 is untimely.
In addition, even assuming that the petition was timely filed, it is lacking in merit.
The subpoena seeks evidence relevant to the investigation of the charge and describes
such evidence with sufficient particularity as required by Section 11(1) of the Act and
Section 102.31(b) of the Board’s Rules and Regulations. NFI has failed to establish any
legal basis for revoking the subpoena. 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).2
Dated, Washington, D.C., March 5, 2012
MARK GASTON PEARCE, CHAIRMAN

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 In considering the petition to revoke, we have evaluated subpoena B-614533 as clarified
by the Region in its opposition brief.
BRIAN E. HAYES, MEMBER
RICHARD F. GRIFFIN, JR., MEMBER