USF Holland

National Labor Relations Board - Board Decisions

Oct 22, 2015

15-CA-148513 (N.L.R.B. Oct. 22, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
USF HOLLAND
and Case 15-CA-148513
KEVIN JOHNIGARN
ORDER1
USF Holland’s petition to revoke subpoena duces tecum B-1-N5HY9N 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
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).
Dated, Washington, D.C., October 22, 2015.
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
LAUREN McFERRAN, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.