Sunningdale Management Group, LTD

National Labor Relations Board - Unpublished Board Decisions

Apr 20, 2018

28-CA-198874 (N.L.R.B. Apr. 20, 2018)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SUNNINGDALE MANAGEMENT GROUP, LTD
and Case 28-CA-198874
GONZALO PACHECO GUZMAN
CORRECTED ORDER1
The Employer’s petition to revoke subpoena duces tecum B-1-XMWNIX is denied.2
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 Employer has failed
to establish any other legal basis for revoking the subpoena. 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., April 20, 2018.
LAUREN McFERRAN, MEMBER
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 Item No. 5 of the subpoena requests copies of I-9 forms (Employment Eligibility
Verification) submitted by the Employer’s employees during a 5-year period, Member
Emanuel notes that federal law does not obligate an employer to retain I-9 forms for longer
than 3 years after an employee’s date of hire or 1 year after separation, whichever is
longer. Nevertheless, Member Emanuel joins his colleagues in denying the petition to
revoke. He observes that if the Employer has in fact discarded I-9 forms that it is no longer
legally obligated to retain, it may simply respond to any request for information that
encompasses those forms by stating that it no longer possesses them, and refer the
Region to the pertinent federal immigration regulation.