AJ Services Joint Venture, LLP

National Labor Relations Board - Unpublished Board Decisions

Feb 26, 2014

10-CA-109635 (N.L.R.B. Feb. 26, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
AJ SERVICES JOINT VENTURE I, L.L.P.
and Case 10-CA-109635
INDUSTRIAL, TECHNICAL AND PROFESSIONAL
EMPLOYEES UNION A/W OPEIU, AFL-CIO AS LOCAL 4873
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-708046 is denied as
untimely. Section 11(1) of the Act and Section 102.31(b) of the Board’s Rules and
Regulations require that a petition to revoke an investigative subpoena must be filed within
5 days after the date of service of the subpoena; and the petition must be received by the
Board on that date, Section 102.31(b). The subpoena at issue here was served on the
Employer on December 2, 2013. Thus, the instant petition, which was received by the
Region on December 13, 2013, is untimely.
Moreover, even assuming that the petition was timely filed, it is lacking in merit. 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).

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2
Dated, Washington, D.C., February 26, 2014.
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
NANCY SCHIFFER, MEMBER