Ameripride Services, Inc.

National Labor Relations Board - Unpublished Board Decisions

Jun 8, 2016

15-CA-167488 (N.L.R.B. Jun. 8, 2016)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
AMERIPRIDE
and Case 15-CA-167488
SOUTHERN REGION WORKERS
UNITED a/w SEIU
ORDER1
The Employer’s petition to partially revoke subpoena duces tecum B-1-QXSAV3 is
denied. 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.2 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).
Dated, Washington, D.C., June 8, 2016
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 In considering the petition to partially revoke, we have evaluated the subpoena as
modified by the Region in its opposition brief, in which the Region indicated that the
Employer has produced documents responsive to subpoena paragraphs 1-4 and 6-18 and
that the Region has withdrawn those subpoena paragraphs.
Member Miscimarra would limit the documents sought in paragraph 5 to accord with the
General Counsel’s own description of what he seeks at p. 5 of his opposition to the
revocation petition. The General Counsel stated he sought the documents to review
communications “related to work or employee terms and conditions of employment” and he
specified the following: “communications concerning the production bonus program, the
vacation bonus and collective bargaining negotiations and proposals.” Member Miscimarra
would only order production of those documents specified.