B. Fernandez & Hermanos, Inc.

National Labor Relations Board - Unpublished Board Decisions

Jun 8, 2011

24-CA-011713 (N.L.R.B. Jun. 8, 2011)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
B. FERNANDEZ & HERMANOS, INC.
and Case 24-CA-11713
JOSE BUDET
ORDER
1
Union de Tronquistas de Puerto Rico, Local 901, IBT’s petition to revoke
subpoena duces tecum B- 579026 is granted. Paragraphs 1-3 of the subpoena
seek documents that are duplicative of documents sought from the Employer in
this matter, B. Fernandez & Hermanos, Inc.2 Paragraph 4 of the subpoena
seeks information that may prove unnecessary to the investigation, in light of the
Employer’s submissions. This Order is without prejudice to the Region’s
issuance of a further subpoena to the Union, should the documents provided by
the Employer prove inadequate to determine the merits of the charge.
Dated, Washington, D.C., June 8, 2011.
WILMA B. LIEBMAN, CHAIRMAN
MARK GASTON PEARCE, MEMBER
BRIAN E. HAYES, MEMBER

1 The National Labor Relations Board has delegated its authority in this
proceeding to a three-member panel.
2 Regarding paragraphs 1, 3, and 4 of investigative subpoena B-579026,
Member Hayes would grant the Union’s petition to revoke on different grounds.
In his view, these paragraphs are drafted in an overly broad manner and do not
identify, with sufficient particularity, the documents and evidence the Region
seeks as being relevant to the charge at issue. Regarding paragraph 2 of the
subpoena, he agrees to grant the Union’s petition to revoke for the reasons
stated by his colleagues.