The Rain Creek Baking Co.

National Labor Relations Board - Unpublished Board Decisions

Feb 7, 2012

32-CA-063101 (N.L.R.B. Feb. 7, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
THE RAIN CREEK BAKING COMPANY
and Cases 32-CA-63101
32-CA-63152
BAKERY, CONFECTIONERY,
TOBACCO WORKERS & GRAIN
MILLERS UNION, LOCAL 85, AFL-CIO
ORDER1
The Employer’s petitions to revoke subpoena ad testificandum A-894347 and
subpoena duces tecum B-616912 are 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., 102 F.3d
1005 (9th Cir. 1996); NLRB v. Carolina Food Processors, Inc., 81 F.3d 507 (4th Cir.
1996).3
Dated, Washington, D.C., February 7, 2012.
MARK GASTON PEARCE, CHAIRMAN
BRIAN E. HAYES, MEMBER
RICHARD F. GRIFFIN, JR., MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 To the extent that the Employer has provided some of the requested material, it is not
required to produce that information again, provided that the Employer accurately
describes which documents under subpoena it has already provided, states whether those
previously-supplied documents constitute all of the documents, and provides all of the
information that was subpoenaed.
3 Member Hayes would hold the petition to revoke the subpoena ad testificandum in
abeyance for 30 days to provide the Region an opportunity to file a supplemental
opposition explaining what further evidence is necessary to determine if a complaint
should issue, and why such evidence can only be obtained through Sargon Boudahk’s
testimony.