Somerset Companies (Morgan Ellicott Apartments)

National Labor Relations Board - Board Decisions

Feb 4, 2013

03-CA-092938 (N.L.R.B. Feb. 4, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SOMERSET COMPANIES
(MORGAN ELLICOTT APARTMENTS)
and Case 03-CA-092938
SERVICE EMPLOYEES INTERNATIONAL
UNION, LOCAL 200UNITED
ORDER
The Employer’s petition to revoke subpoenas ad testificandum A-859450 and A-
859452 is 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 Employer has failed to establish any other legal basis for revoking the
subpoenas. 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., February 4, 2013.
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER