Unite Here, Local 1 (Riva Restaurant)

National Labor Relations Board - Unpublished Board Decisions

Jun 24, 2013

13-CB-098725 (N.L.R.B. Jun. 24, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITE HERE LOCAL 1
and Case 13-CB-098725

ALICIA MAGALLON
and Case 13-CB-098726
RAUL MARTINEZ
ORDER
The petition to revoke subpoena duces tecum B-710574 filed by Unite Here
Local 1 is denied. 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 Petitioner 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).1
Dated, Washington, D.C., June 24, 2013
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER

1 Paragraph 5 of the subpoena is modified as set forth in the Region’s May 10, 2013
opposition to the petition to revoke.