Trinity Protection Services, Inc.

National Labor Relations Board - Unpublished Board Decisions

Feb 8, 2012

32-CA-067676 (N.L.R.B. Feb. 8, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
TRINITY PROTECTION SERVICES, INC.
and Case 32-CA-67676
DAVID EDWARD LA BRECQUE
ORDER
The Employer’s petitions to revoke subpoena duces tecum B-616926 and
subpoenas ad testificandum A-894377 and A-894378 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.1 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

1 The Employer’s request that its petitions to revoke be made part of the official record
in this case is denied as premature, without prejudice to the Employer renewing this
request if these investigative proceedings progress to the stage where an official record
is created.
2 With respect to the subpoena duces tecum, 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.
Member Hayes joins in denying the petition to revoke the subpoena duces
tecum. With respect to the subpoenas ad testificandum in issue, he would hold the
petition in abeyance for thirty 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 the
testimony of the Employer’s agents and/or supervisors.
2
Processors, Inc., 81 F.3d 507 (4th Cir. 1996).
Dated, Washington, D.C., February 8, 2012
MARK GASTON PEARCE, CHAIRMAN
BRIAN E. HAYES, MEMBER
RICHARD F. GRIFFIN, JR., MEMBER