Flat Rate Movers, LTD.

National Labor Relations Board - Unpublished Board Decisions

Apr 30, 2010

02-CA-039373 (N.L.R.B. Apr. 30, 2010)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FLAT RATE MOVERS, LTD.
and Cases 2-CA-39373
2-CA-39374
ALEJANDRO FARCIERT VELIZ, 2-CA-39377
RARPI MOJICA-DIVISON, 2-CA-39388
DANIEL TORRES and 2-CA-39405
JOSE MAGUANA 2-CA-39458
and
LOCAL 116, RWDSU, UFCW
ORDER1
The Employer’s petition to revoke Subpoena B-625765 is denied.2 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 Employer
has 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).

1 The National Labor Relations Board has delegated its authority in this
proceeding to a three-member panel.
2 The petition is denied as to paragraphs 1 and 3 of the subpoena. Paragraph 2 of the
subpoena requests copies of advertisements placed for new hires for positions in the
unit, for the period of January 1, 2009 to the present. The Employer produced this
information, and it is apparent from the General Counsel’s opposition brief that he no
longer seeks to enforce this paragraph of the subpoena. Accordingly, this Order does
not require production of documents in response to paragraph 2 of the subpoena.
2
Dated, Washington, D.C., April 30, 2010.
WILMA B. LIEBMAN, CHAIRMAN
PETER C. SCHAUMBER, MEMBER
CRAIG BECKER, MEMBER