Sleepy's Inc.

National Labor Relations Board - Unpublished Board DecisionsMar 12, 2010

34-CA-012411 (N.L.R.B. Mar. 12, 2010)

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD SLEEPY'S, LLC and Cases 34-CA-12411 34-CA-1 2412 UNITED FOOD AND COMMERCIAL 34-CA-1 2413 WORKERS UNION, LOCAL 919 34-CA-1 2470 ORDER' The Petition to Revoke Subpoena Duces Tecum B-569070 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 Petitioner has failed to establish any other legal basis for revoking the subpoena. See generally, 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 (1 Oth 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. 31 30 (U. S. Sept. 11, 2009) (No. 09-328); New Process Steel v. NLRB. 564 F.3d 840 (7th Cir. /0009), cert. granted 130 S.Ct. 488 (2009); Northeastem 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. 09-3771). NLRB v. North Bay Plumbing, Inc., 102 F.3d 1005 (9" Cir. 1996); NLRB v. Carolina Food Processors, Inc., 81 F.3d 507 (4" Cir. 1996). Dated, Washington D.C., March 12, 2010. WILMA B. LIEBMAN, CHAIRMAN PETER C. SCHAUMBER, MEMBER 2