AdvancePierre Foods, Inc.

National Labor Relations Board - Board Decisions

Jan 8, 2016

09-CA-157243 (N.L.R.B. Jan. 8, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ADVANCEPIERRE FOODS, INC.
and Case 09-CA-1572621
UNITED FOOD AND COMMERCIAL WORKERS
UNION, LOCAL 75, AFFILIATED WITH THE
UNITED FOOD AND COMMERCIAL WORKERS,
INTERNATIONAL UNION
ORDER2
The petition to partially revoke subpoena duces tecum B-1-OI64SB, filed by
AdvancePierre Foods, Inc., 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, AdvancePierre Foods has failed to establish any other
legal basis for revoking the subpoenas. See generally NLRB v. North Bay Plumbing,
102 F.3d 1005 (9th Cir. 1996); NLRB v. Carolina Food Processors, Inc., 81 F.3d 507
(4th Cir. 1996).
Dated, Washington, D.C., January 8, 2016.
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER

1 The subpoena and the parties’ filings also refer to Case 09-CA-157243. However, on
November 27, 2015, the Acting Regional Director approved the withdrawal of that
charge.
2 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.