Prime Healthcare Services, LLC d/b/a Centinela Hospital Medical Center

National Labor Relations Board - Board Decisions

Sep 6, 2013

31-CA-102407 (N.L.R.B. Sep. 6, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PRIME HEALTHCARE SERVICES, LLC D/B/A
CENTINELA HOSPITAL MEDICAL CENTER
and Case 31-CA-102407
SEIU UNITED HEALTHCARE
WORKERS-WEST
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-705873 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.2 The subpoena here was
served on the subpoenaed party on June 13, 2013. Thus, the instant petition, which
was filed June 24, 2013, is untimely.3

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 Sec. 102.31(b) states in relevant part that “[a]ny person served with a subpoena,
whether ad testificandum or duces tecum, if he or she does not intend to comply with
the subpoena, shall, within 5 days after the date of service of the subpoena, petition in
writing to revoke the subpoena. The date of service for purposes of computing the time
for filing a petition to revoke shall be the date the subpoena is received.”
3 Although the Employer acknowledges that the subpoena was received by the
Employer’s custodian of records on June 13, 2013, it contends that service of the
subpoena was not perfected until its counsel of record received a copy on June 17,
2013. The Employer notes that the Board’s rules provide that "[w]henever these rules
require or permit the service of pleadings or other papers upon a party, a copy shall also
be served on any attorney or other representative of the party who has entered a written
appearance in the proceeding on behalf of the party." NLRB Rules and Regulations,
Sec. 102.113(f). The Employer contends that therefore the petition to revoke filed on
June 24, 2013, was timely. We disagree. As noted above, Sec. 102.31(b) states that
“any person served with a subpoena, … if he or she does not intend to comply with the
subpoena, shall, within 5 days after the date of service of the subpoena, petition in
writing to revoke the subpoena.” (Emphasis added.) This language indicates that the
relevant date is the date of service on the subpoenaed party. Further, we observe that
2
In addition, even assuming that the petition was timely filed, it is lacking in merit.
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
Petitioner 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., September 6, 2013.
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER

there is no assertion by the Employer that its attorneys were unaware of the subpoena
until they formally received a copy of the subpoena by regular mail.