Accor North America Inc. d/b/a Sofitel Los Angeles at Beverly Hills

National Labor Relations Board - Board Decisions

Jan 12, 2017

31-CA-175461 (N.L.R.B. Jan. 12, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ACCOR NORTH AMERICA INC. d/b/a
SOFITEL LOS ANGELES AT BEVERLY HILLS
and Cases 31-CA-176898
31-CA-181847
31-CA-181850
UNITE HERE LOCAL 11
ORDER
The Employer’s petition to revoke subpoena duces tecum B-1-TJV0Z7 is
denied.1 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

1 In denying the petition to revoke, we have considered the subpoena as modified by
the Region in its opposition brief, in which the Region withdrew pars. 4 and 8 in their
entirety; partially withdrew par. 11 to the extent that the Employer provided copies of the
Employer’s policies regarding employees handling bloody sheets; and partially withdrew
par. 13 to the extent that the Employer provided the full-name and job titles for
Housekeeping Supervisor Melania Vieyra Sanchez and Talent and Culture Coordinator
Paloma De Resende, and acknowledged that both are Section 2(11) supervisors and/or
Section 2(13) agents under the Act.
The Region also partially withdrew par. 7(a) to the extent that the Employer
provided documents showing wage increases granted by the Employer to room
attendants and housemen from “July 1, 2016, through June 30, 2016.” However, in light
of the Region’s typographical error, it is unclear for which time period the Employer has
already provided responsive documents in response to par. 7(a). Accordingly, we
acknowledge the partial withdrawal of par. 7(a), and find that to the extent that the
Employer has provided some of the requested material, it is not required to produce that
information again.
The Employer’s request that its petition to revoke be made part of the official
record in this case is denied without prejudice to renewal at the appropriate time in a
formal proceeding.
2
v. Carolina Food Processors, Inc., 81 F.3d 507 (4th Cir. 1996).
Dated, Washington, D.C., January 12, 2017.
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
LAUREN McFERRAN, MEMBER