Vista Del Sol Health Services, Inc. dba Vista Del Sol Healthcare

National Labor Relations Board - Unpublished Board DecisionsFeb 27, 2014

31-CA-115318 (N.L.R.B. Feb. 27, 2014)

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD VISTA DEL SOL HEALTHCARE and Cases 31-CA-115318 31-CA-115332 SEIU-ULTCW, SERVICE EMPLOYEES 31-CA-116096 INTERNATIONAL UNION, UNITED 31-CA-116485 LONG TERM CARE WORKERS 31-CA-116484 31-CA-116487 31-CA-116486 31-CA-116481 31-CA-116483 31-CA-116488 31-CA-116089 31-CA-118685 31-CA-118686 31-CA-118687 31-CA-118682 ORDER1 The Employer’s petition to revoke subpoena duces tecum B-712357 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 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. 1 The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. 2 Carolina Food Processors, Inc., 81 F.3d 507 (4th Cir. 1996).2 Dated, Washington, D.C., February 27, 2014 MARK GASTON PEARCE, CHAIRMAN PHILIP A. MISCIMARRA, MEMBER KENT Y. HIROZAWA, MEMBER 2 In the absence of evidence that would establish the date the Employer received the subpoena, we do not pass on the General Counsel’s argument that the petition to revoke the subpoena was untimely filed. See NLRB Rules and Regulations, Sec. 102.31(b), which states in relevant part that “[t]he date of service for purposes of computing the time for filing a petition to revoke shall be the date the subpoena is received.”