BFI Waste Services, LLC d/b/a Allied Waste Services of Memphis

National Labor Relations Board - Board Decisions

Sep 13, 2016

15-CA-174988 (N.L.R.B. Sep. 13, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
BFI WASTE SERVICES, LLC
d/b/a ALLIED WASTE SERVICES OF MEMPHIS
and Case 15-CA-174988
TEAMSTERS LOCAL 667
ORDER
The Employer’s Petitions to Revoke subpoenas ad testificandum A-1-S79EFD and A-
1-S79PCZ are denied as untimely. Section 11(1) of the Act and Sections 102.31(b) and
102.111 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.
The subpoenas here were served on June 17, 2016. Thus, the petitions, which were filed on
July 11, 2016, are untimely.
In addition, even assuming that the petitions were timely filed, they are lacking in
merit.1 The subpoenas seek information relevant to the matters under investigation and
describe 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 subpoenas. 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., September 13, 2016
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
LAUREN McFERRAN, MEMBER

1 Member Miscimarra would deny the petitions to revoke solely on the ground that they were
untimely filed.