San Pablo Lytton Casino

National Labor Relations Board - Unpublished Board Decisions

Jun 19, 2012

32-CA-064020 (N.L.R.B. Jun. 19, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SAN PABLO LYTTON CASINO
and Case 32-CA-064020
UNITE HERE LOCAL 2850
ORDER1
The Employer’s petitions to revoke subpoenas ad testificandum A-894414 and A-
894416 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., June 19, 2012

MARK GASTON PEARCE, CHAIRMAN
BRIAN E. HAYES, MEMBER
RICHARD F. GRIFFIN, JR., 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.