SEIU United Healthcare Workers-West (Kaiser Permanente)

National Labor Relations Board - Unpublished Board Decisions

Mar 15, 2010

32-CB-006823 (N.L.R.B. Mar. 15, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SERVICE EMPLOYEES INTERNATIONAL
UNION, UNITED HEALTHCARE WORKERS-WEST
(KAISER PERMANENTE MEDICAL GROUP)
and Case 32-CB-6823
KRISTINA MACKAY
ORDER1
The petition to revoke subpoena ad testificandum A-873581, filed by
Service Employees International Union, United Healthcare Workers-West, is
denied. The subpoena seeks information relevant to the matter 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 Union has failed to establish any legal basis for
revoking the subpoena. See generally NLRB v. North Bay Plumbing, 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, 590 F.3d
849 (10th Cir. 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).
2
1005 (9th Cir. 1996); NLRB v. Carolina Food Processors, Inc., 81 F.3d 507 (4th
Cir. 1996).
Dated, Washington, D.C., March 15, 2010.
WILMA B. LIEBMAN, CHAIRMAN
PETER C. SCHAUMBER, MEMBER