San Pablo Lytton Casino

National Labor Relations Board - Unpublished Board Decisions

Aug 23, 2011

32-CA-025665 (N.L.R.B. Aug. 23, 2011)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SAN PABLO LYTTON CASINO
and Case 32-CA-25665
UNITE HERE LOCAL 2850
ORDER1
The Employer’s petitions to revoke subpoenas ad testificandum A-891371, A-
891372, and A-891373 are denied. The subpoenas seek testimony relevant to the
matter under investigation and describe 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 subpoenas.2 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., August 23, 2011.
WILMA B. LIEBMAN, CHAIRMAN
MARK GASTON PEARCE, MEMBER
BRIAN E. HAYES, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 Member Hayes would hold the petitions to revoke the subpoenas ad testificandum in
abeyance for thirty days to provide the Region an opportunity to file a supplemental
opposition explaining what further evidence is necessary to determine if a complaint
should issue, and why such evidence can only be obtained through the testimony of the
Employer’s agents and/or supervisors.