United Road Services, Inc.

National Labor Relations Board - Unpublished Board Decisions

Feb 2, 2017

31-CA-180722 (N.L.R.B. Feb. 2, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UNITED ROAD SERVICES, INC.
and Case 31-CA-180722
TEAMSTERS LOCAL UNION NO. 63
ORDER
The Employer’s petition to revoke subpoena duces tecum B-1-U2WS5J is
denied. The subpoena seeks information relevant to the matters 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).1
Dated, Washington, D.C., February 2, 2017.
PHILIP A. MISCIMARRA, ACTING CHAIRMAN
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER

1 We have evaluated the subpoena in light of the Region’s representation in its
opposition brief that it informed the Employer on November 8, 2016, that the request in
par. 5 does not include requests for medical leave, and the Region’s statement in its
opposition that, based on the Employer’s admission in its petition that Dan Davis is a
manager and a supervisor and that it does not employ an individual named Ken Evans,
the Region is withdrawing the requests in pars. 1 and 2 of the subpoena with respect to
those individuals. (Opp. at 2, 7, 8).