Waste Management of Arizona, Inc.

National Labor Relations Board - Unpublished Board Decisions

Dec 6, 2010

28-CA-023111 (N.L.R.B. Dec. 6, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
WASTE MANAGMENT OF ARIZONA, INC.
and Case 28-CA-23111
SADRU SMITH
ORDER1
The Petition to Revoke Subpoena Duces Tecum B-633523 filed by the
Employer, Waste Management of Arizona, Inc., is denied. The subpoena seeks
information relevant to the matter under investigation, 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., December 6, 2010.
WILMA B. LIEBMAN, CHAIRMAN
CRAIG BECKER, MEMBER
BRIAN E. HAYES, MEMBER

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