Service Employees International Union - United Healthcare Workers - West (Lucille Packard Hospital a

National Labor Relations Board - Unpublished Board Decisions

Sep 4, 2012

32-CB-078728 (N.L.R.B. Sep. 4, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SEIU-UNITED HEALTHCARE WORKERS
WEST (LUCILE PACKARD HOSPITAL AT STANFORD)
and Case 32-CB-078728
ANITA BANTUM
ORDER1
The Union’s petitions to revoke subpoena duces tecum B-616981 and subpoena
ad testificandum A-894470 are denied. The subpoenas seek information 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 Union 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., September 4, 2012
MARK GASTON PEARCE, CHAIRMAN
BRIAN E. HAYES, MEMBER
SHARON BLOCK, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 In regard to the subpoena ad testificandum, Member Hayes would hold the petition to
revoke 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 Union’s agents.