PODS ENTERPRISES, LLC

National Labor Relations Board - Board Decisions

Mar 21, 2016

01-CA-159835 (N.L.R.B. Mar. 21, 2016)

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UNITED STATES GOVERNMENT
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PODS ENTERPRISES, LLC
and Cases 01-CA-159835
01-CA-161140
01-CA-161523
01-RC-159823
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, LOCAL UNION NO. 25
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-1-PAMFM7 is denied.2
The subpoena seeks information relevant to the matters 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. Further, the Employer has failed
to establish any other 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., March 21, 2016.
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER
LAUREN McFERRAN, MEMBER

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 the subpoena duces tecum as
modified by the Region in its opposition brief with regard to subpoena paragraphs 5, 7 and
13. The Region’s brief also indicates that it is willing to modify paragraph 11. We have
considered the subpoena as so modified.