Center Construction Co., Inc. d/b/a Center Service System

National Labor Relations Board - Unpublished Board Decisions

Jun 19, 2012

07-CA-060525 (N.L.R.B. Jun. 19, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CENTER CONSTRUCTION CO., INC. d/b/a
CENTER SERVICE SYSTEM
and Case 07-CA-060525
LOCAL 370, UNITED ASSOCIATION OF
JOURNEYMEN AND APPRENTICES OF THE
PLUMBING AND PIPEFITTING INDUSTRY OF THE
UNITED STATES AND CANADA, AFL-CIO
HOME SERVICE CENTER
and Case 07-CA-067687
LOCAL 370, UNITED ASSOCIATION OF
JOURNEYMEN AND APPRENTICES OF THE
PLUMBING AND PIPEFITTING INDUSTRY OF THE
UNITED STATES AND CANADA, AFL-CIO
ORDER1
Home Service Center’s petition to revoke subpoena duces tecum B-644838 is
denied as untimely. Section 11(1) of the Act and Section 102.31(b) of the Board's Rules
and Regulations requires that a petition to revoke an investigative subpoena must be
filed within 5 days after the date of service of the subpoena. The subpoena at issue
here was served on the subpoenaed party on May 30, 2012. Thus, the instant petition,
which was filed June 11, 2012, is untimely.
In addition, 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

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
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.
Carolina Food Processors, Inc., 81 F.3d 507 (4th Cir. 1996).2 Accordingly, the petition
is denied.
Dated, Washington, D.C., June 19, 2012
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER

2 To the extent that Home Service has provided some of the requested material,
it is not required to produce that information again, provided that Home Service
accurately describes which documents under subpoena it has already provided,
states whether those previously-supplied documents constitute all of the
requested documents, and provides all of the information that was subpoenaed.