Somerset Valley Rehabilitation and Nursing Center

National Labor Relations Board - Unpublished Board Decisions

Jun 23, 2011

22-CA-029599 (N.L.R.B. Jun. 23, 2011)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
1621 ROUTE 22 WEST OPERATING
COMPANY, LLC d/b/a SOMERSET
VALLEY REHABILITATION AND
NURSING CENTER
and Cases 22-CA-29599
22-CA-29628
1199 SEIU UNITED HEALTHCARE WORKERS 22-CA-29868
EAST, NEW JERSEY REGION
ORDER1
The Respondent’s Request for Special Permission to Appeal
Administrative Law Judge Steven Davis’s ruling denying the Respondent’s
petition to partially revoke the Union’s Subpoena Duces Tecum No. B-612073 as
it applies to paragraphs 1, 2, and 3, is denied. We find that the Respondent has
failed to establish that the judge abused his discretion in denying the petition.
The Respondent’s Request for Special Permission to Appeal
Administrative Law Judge Steven Davis’s ruling denying the Respondent’s
petition to partially revoke the Union’s Subpoena Duces Tecum No. B-612073 as
it applies to paragraphs 7, 8, and 9 is denied in part and granted in part. In this
regard, the Respondent is directed to produce the subpoenaed documents for in
camera inspection by the judge, who will turn over to the Acting General Counsel

1 The National Labor Relations Board has delegated its authority in this
proceeding to a three-member panel.
2
and the Union any and only those documents relevant to the litigated issues.
Dated, Washington, D.C., June 23, 2011
WILMA B. LIEBMAN, CHAIRMAN
CRAIG BECKER, MEMBER
Member Hayes, dissenting in part.
Member Hayes would grant the Respondent’s Special Appeal with respect
to subpoena paragraphs 7, 8, and 9. In all other respects, Member Hayes would
deny the Respondent’s Special Appeal.
Dated, Washington, D.C., June 23, 2011
BRIAN E. HAYES, MEMBER