Cermak Fresh Markets

National Labor Relations Board - Board Decisions

Oct 23, 2013

30-CA-105150 (N.L.R.B. Oct. 23, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
CERMAK FRESH MARKETS
and Case 30-CA-105150
MILWAUKEE WORKERS
ORGANIZING COMMITTEE
ORDER1
The Employer’s petition to revoke subpoenas duces tecum B-712511 and B-
712512 is denied.2 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 Employer 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., October 23, 2013.
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 To the extent that the Employer has provided some of the material requested
by the subpoenas it is not required to produce that information again, provided
that the Employer accurately describes which documents under subpoena it has
already provided and provides all of the information that was subpoenaed.