Elite Ambulance Inc.

National Labor Relations Board - Unpublished Board Decisions

Jul 25, 2017

31-CA-122353 (N.L.R.B. Jul. 25, 2017)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ELITE AMBULANCE, INC.
and Cases 31-CA-122353
31-CA-122364
31-CA-128944
31-CA-131430
INTERNATIONAL ASSOCIATION OF
EMTS AND PARAMEDICS (IAEP)/NAGE/
SEIU LOCAL 5000
ORDER
The Petition to Revoke subpoenas duces tecum B-1-WA3727 and B-1-WA2OAD,
addressed to Bank of America, N.A., Legal Order Processing, is denied. The Petitioner,
Elite Ambulance Inc., does not have standing to file a petition to revoke subpoenas that
are addressed to a third party unless it asserts that the requested information is
protected by a privilege or a right of privacy.1
In addition, even assuming that the Petitioner had such standing, we find that the
subpoena seeks information relevant to the matters 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 Petitioner
has failed to establish any other legal basis for revoking the subpoenas. See generally,

1 “Ordinarily a party has no standing to seek to quash a subpoena issued to someone
who is not a party to the action unless the party claims some personal right or privilege
with regard to the documents sought.” In re Grand Jury Subpoena John Doe, No.
05GJ1318, 584 F.3d 175, 184 fn. 14 (4th Cir. 2009), citing 9A Wright, Miller & Cooper,
Federal Practice and Procedure § 2459 (3d ed. 1998). The Petitioner has failed to
substantiate its assertion that it has any personal right or privilege with respect to the
bank records sought, which are the personal bank records of individuals who are not
parties to this proceeding and not the corporate records of Elite Ambulance, Inc.
2
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., July 25, 2017
PHILIP A. MISCIMARRA, CHAIRMAN
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER