Coastal Sunbelt Produce, Inc.

National Labor Relations Board - Board Decisions

Sep 12, 2013

05-CA-104549 (N.L.R.B. Sep. 12, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
COASTAL SUNBELT PRODUCE, INC.
and Case 05-CA-104549
ROBERTO MENDOZA
ORDER1
The Employer’s petition to revoke subpoenas duces tecum B-718315 and
B-718316 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.3 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).

1 The National Labor Relations Board has delegated its authority in this
proceeding to a three member panel.
2 In his opposition to the petition to revoke, counsel for the Region states that the
Employer has furnished to the Region all documents sought in paragraphs 3, 4,
5, 7, 8, 9, 10, 11, and 12 of the subpoenas, and that therefore only subpoena
paragraphs 1, 2, and 6 remain at issue. In its response to the Region’s
opposition, the Employer asserts that the dispute regarding paragraph 2 has
been resolved by stipulation, and attached to its response, as Exh. 1, a copy of
an email between the parties reflecting this agreement. The Region has not
disputed this assertion. Accordingly, the only subpoena paragraphs that remain
at issue in this proceeding are paragraphs 1 and 6.
3 To the extent that the Employer has provided some of the material requested
in paragraphs 1 and 6 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.
2
Dated, Washington, D.C., September 12, 2013
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER