Programa Avance en Puerto Rico

National Labor Relations Board - Unpublished Board Decisions

Jan 22, 2010

24-CA-011306 (N.L.R.B. Jan. 22, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PROGRAMA AVANCE EN PUERTO RICO, INC.
and Cases 24-CA-1 1306
24-CA-1 1307
OFFICE AND PROFESSIONAL EMPLOYEES
INTERNATIONAL UNION, AFL-CIO, CLC
ORDER'
The petition of Programa Avance en Puerto Rico, Inc. to revoke subpoena duces
tecum B-579143 is denied. 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 subpoenas. See generally, NLRB v. North Bay Plumbing, Inc., 102 F.3d
1 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, - F.3d , 2009 WL 4912300 (1 Oth Cir. Dec. 22, 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 (1st
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 (9" Cir. 1996); NLRB v. Carolina Food Processors, Inc., 81 F.3d 507 (4" Cir.
1996).
Dated, Washington, D.C., January 22, 2010.
WILMA B. LIEBMAN, CHAIRMAN
PETER C. SCHAUMBER, MEMBER
2