E.W. Howell Co., LLC

National Labor Relations Board - Unpublished Board Decisions

Dec 20, 2017

29-CA-195626 (N.L.R.B. Dec. 20, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
E.W. HOWELL CO., LLC
and Case 29-CA-195626
UNITED BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA, NORTHEAST REGIONAL
COUNCIL OF CARPENTERS
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-1-X8QSV5 and
subpoena ad testificandum A-1-X8QAIL 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. See Postal Workers Local 64 (USPS), 340 NLRB 912
(2003); Offshore Mariners United, 338 NLRB 745 (2002). 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., December 20, 2017.
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER
WILLIAM J. EMANUEL, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 In considering the petition to revoke, we have evaluated the subpoena duces tecum in
light of the Region’s modification in its opposition brief narrowing the scope of paragraph 2
to subcontracts for carpentry work in Nassau and Suffolk Counties, New York, for the
period January 1, 2015 to June 1, 2017, and all subcontracts across all jurisdictions for the
period June 1, 2017 to the present, and narrowing the scope of paragraph 4 to all
contracts for general contracting work executed by the Employer with all addendums and
exhibits that show and describe all work performed for any entity in any jurisdiction for the
period June 1, 2017 to the present.