Omnicare

National Labor Relations Board - Unpublished Board Decisions

Mar 16, 2010

34-CA-012458 (N.L.R.B. Mar. 16, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
OMNICARE
and Case 34-CA-12458
NELSON ESPINOZA
ORDER'
Omnicare's petition to revoke subpoena duces tecum B-569330 is denied.
The subpoena seeks information relevant to the matter under investigation, as
required by Section 11(1) of the Act and Section 102.31(b) of the Board's Rules
and Regulations, and the Petitioner has failed to establish any legal basis for
revoking the subpoenas. See generally NLRB v. North Bay Plumbing, 102 F.3d
Effective midnight December 28, 2007, Members Liebman, Schaumber,
Kirsanow, and Walsh delegated to Members Liebman, Schaumber, and
Kirsanow, as a three-member group, all of the Board's powers in anticipation of
the expiration of the terms of Members Kirsanow and Walsh on December 31,
2007. Pursuant to this delegation, Chairman Liebman and Member Schaumber
constitute a quorum of the three-member group. As a quorum, they have the
authority to issue decisions and orders in unfair labor practice and representation
cases. See Sec. 3(b) of the Act. See Teamsters Local 523 v. NLRB, 590 F.3d
849 (10th Cir. 2009); Narricot Industries, L.P. v. NLRB, 587 F.3d 654 (4th Cir.
2009); Snell Island SNF LLC v. NLRB, 568 F.3d 410 (2d Cir. 2009), petition for
cert. filed 78 U.S.L.W. 3130 (U.S. Sept. 11, 2009) (No. 09-328); New Process
Steel v. NLRB, 564 F.3d 840 (7th Cir. 2009), cert. granted 130 S.Ct. 488 (2009);
Northeastern Land Services v. NLRB, 560 F.3d 36 (1 st Cir. 2009), petition for
cert. filed 78 U.S.L.W. 3098 (U.S. Aug. 18, 2009) (No. 09-213). But see Laurel
Baye Healthcare of Lake Lanier, Inc. v. NLRB, 564 F.3d 469 (D.C. Cir. 2009),
petition for cert. filed 78 U.S.L.W. 3185 (U.S. Sept. 29, 2009) (No. 09-377).
1005 (9h Cir. 1996); NLRB v. Carolina Food Processors, Inc., 81 F.3d 507 (4 1h
Cir. 1996).
Dated, Washington, D.C., March 16, 2010.
WILMA B. LIEBMAN, CHAIRMAN
PETER C. SCHAUMBER, MEMBER