2 Sisters Food Group, Inc., and Fresh & Easy Neighborhood Market, Inc.

National Labor Relations Board - Unpublished Board Decisions

Jul 1, 2015

21-CA-038915 (N.L.R.B. Jul. 1, 2015)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
2 SISTERS FOOD GROUP, INC. AND
FRESH & EASY NEIGHBORHOOD
MARKET, INC.
and Cases 21-CA-038915
21-CA-038932
UNITED FOOD AND COMMERCIAL
WORKERS INTERNATIONAL UNION,
LOCAL 1167
2 SISTERS FOOD GROUP, INC.
and Case 21-RC-021137
UNITED FOOD AND COMMERCIAL
WORKERS INTERNATIONAL UNION
ORDER1
The petition to revoke subpoena duces tecum B-1-M0590Z, filed by JBS USA, LLC,
the Petitioner, 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
subpoenas.2 See generally NLRB v. North Bay Plumbing, Inc., 102 F.3d 1005 (9th Cir.

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 The Petitioner asserts, among other things, that evidence sought by numerous
paragraphs of the subpoena does not exist. Some of the documents responsive to these
requests, including, for example, the application packets provided to Fresh & Easy
employees for employment with the Petitioner and correspondence with employees,
customers, and suppliers about the Petitioner’s purchase of Fresh & Easy’s assets, are
normal business records that are routinely maintained by employers. The subpoena
cannot compel the Petitioner to produce documents that it does not possess. However,
2
1996); NLRB v. Carolina Food Processors, Inc., 81 F.3d 507(4th Cir. 1996).
Dated, Washington, D.C., July 1, 2015.
KENT Y. HIROZAWA, MEMBER
HARRY I. JOHNSON, III MEMBER
LAUREN McFERRAN, MEMBER

the subpoena does compel the Petitioner to conduct a thorough search of the documents
in its possession for the requested information. If the information is found, it must be
produced. If the information cannot be found, the Petitioner must affirmatively represent to
the Region that no responsive documents exist for specific subpoena requests.