Aramark Uniform Services - Orlando

National Labor Relations Board - Board Decisions

Feb 9, 2015

12-CA-133609 (N.L.R.B. Feb. 9, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ARAMARK UNIFORM SERVICES, INC. d/b/a
ARAMARK UNIFORM SERVICES - ORLANDO
and Case 12-CA-133609
TEAMSTERS LOCAL UNION NO. 385
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-709471 is denied as
untimely. Section 11(1) of the Act and Section 102.31(b) and 102.111 of the Board's
Rules and Regulations require that a petition to revoke a subpoena must be filed within
5 business days after the date of service of the subpoena. The subpoena here was
received by the subpoenaed party on October 30, 2014. Thus, the instant petition,
which was filed November 7, 2014, is untimely.
In addition, even assuming that the petition was timely filed, it is lacking in merit.
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, the
Petitioner 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.

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2
Carolina Food Processors, Inc., 81 F.3d 507 (4th Cir. 1996).
Dated, Washington, D.C., February 9, 2015
KENT Y. HIROZAWA, MEMBER
HARRY I. JOHNSON, III, MEMBER
LAUREN McFERRAN, MEMBER