DIVA EXECUTIVE LIMOUSINE, INC. AND DIVA LIMOUSINE, LTD

National Labor Relations Board - Unpublished Board Decisions

Dec 3, 2013

22-CA-091561 (N.L.R.B. Dec. 3, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
DIVA EXECUTIVE LIMOUSINE, INC.
and DIVA LIMOUSINE LTD.
and Case 22-CA-091561
DAVID ABRAMS
ORDER1
The Petitioners’ petition to revoke subpoena duces tecum B-710434 is denied.
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
Petitioners have 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). Finally, objections made
solely on the basis of a state code of civil procedure (here, California) are not
cognizable in a Board proceeding.
Dated, Washington, D.C., December 3, 2013
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER
HARRY I. JOHNSON, III MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.