Spectrum Juvenile Services, Inc., an affiliate of Spectrum Human Services, Inc.

National Labor Relations Board - Board DecisionsFeb 10, 2016

07-CA-155494 (N.L.R.B. Feb. 10, 2016)

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD SPECTRUM JUVENILE JUSTICE SERVICES, INC., an affiliate of SPECTRUM HUMAN SERVICES, INC. and Case 07-CA-155494 TAMIKA KELLEY and Cases 07-CA-160719 07-CA-160938 COUNCIL 25, AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES (AFSCME), AFL-CIO ORDER1 The Employer’s petition to revoke subpoenas duces tecum B-1-PCH8L3, B-1- PCH0I9, and B-1-PCHFJX is denied. The subpoenas seek information relevant to the matters 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.2 See generally, NLRB v. North Bay Plumbing, Inc., 1 The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. 2 The Employer asserts that it does not object to the production of the documents requested in par. 2 of the subpoenas “to the extent that they exist.” The subpoenas cannot compel the Employer to produce documents that it does not possess. However, the subpoenas do compel the Employer to conduct a thorough search for the requested information. If the information is found, it must be produced. If the information cannot be found, the Employer must affirmatively represent to the Region that no responsive documents exist. 2 102 F.3d 1005 (9th Cir. 1996); NLRB v. Carolina Food Processors, Inc., 81 F.3d 507 (4th Cir. 1996). Dated, Washington, D.C., February 10, 2016. MARK GASTON PEARCE, CHAIRMAN PHILIP A. MISCIMARRA, MEMBER LAUREN McFERRAN, MEMBER