South Water Market, Inc.

National Labor Relations Board - Unpublished Board Decisions

Jun 28, 2013

13-CA-103435 (N.L.R.B. Jun. 28, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SOUTH WATER MARKET, INC.
and Case 13-CA-103435

TEAMSTERS LOCAL 703
ORDER
The petitions to revoke subpoenas duces tecum B-710578 and B-710579, filed
by Michael De La Rosa and Ciro Diosdado, respectively, 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 Petitioners have failed to
establish any other legal basis for revoking the subpoenas.1 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., June 28, 2013.
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER

1 The Petitioners argue that the subpoenas are void ab initio, because the Board does
not have a valid quorum under NLRB v. Noel Canning, 705 F.3d 490 (D.C. Cir. 2013),
cert. granted, 81 U.S.L.W. 3629 (U.S. June 24, 2013)(No. 12-1281). For the reasons
stated in Bloomingdale’s, Inc., 359 NLRB No. 113 (2013), we reject this argument.