ABCO Steel Door, LLC

National Labor Relations Board - Board Decisions

Feb 4, 2015

02-CA-136635 (N.L.R.B. Feb. 4, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ABCO STEEL DOOR, LLC
and Case 02-CA-136635
UNITED FOOD AND COMMERCIAL
WORKERS LOCAL 342
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-1-JNEFVJ is denied.2
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. Carolina Food Processors,
Inc., 81 F.3d 507 (4th Cir. 1996).3
Dated, Washington, D.C., February 4, 2015
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a three-
member panel.
2 We also deny the General Counsel’s request “that the Employer be directed to produce all the
materials sought in the Subpoena no later than five (5) days after the Board issues its order in this
matter.” The General Counsel has failed to offer any argument in support of this request.
3 The General Counsel has indicated in his opposition brief that he is willing to modify the
subpoena by limiting the requested time period in paragraph 1 to April 1, 2014 through the present.
In addition, the General Counsel states in his opposition brief that he “will agree to not release the
information sought in the Subpoena to other parties and to return any documents to the Charged
Party upon the completion of the investigation.” In considering the petition to revoke, we have
evaluated the subpoena as modified in this manner.