Sara Lee Bakery Group, Inc.

National Labor Relations Board - Unpublished Board Decisions

Feb 2, 2011

18-CA-019548 (N.L.R.B. Feb. 2, 2011)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SARA LEE BAKERY GROUP, INC.
and Case 18-CA-19548
GENERAL DRIVERS AND HELPERS
UNION LOCAL 554
ORDER1
The petition to revoke subpoena ad testificandum A-865735 filed by Kent
Behr 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 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); Offshore Mariners United, 338 NLRB 745, 745 (2002)
(NLRB has authority to issue investigatory subpoenas to nonparties in unfair
labor practice proceedings); NLRB v. The Bakersfield Californian, 128 F.3d 1339,
1342 (9th Cir. 1997) (same).
Dated, Washington, D.C., February 2, 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.