Hospital Metropolitano Dr. Susoni

National Labor Relations Board - Board Decisions

Mar 2, 2016

12-CA-158521 (N.L.R.B. Mar. 2, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
HOSPITAL METROPOLITANO D/B/A
HOSPITAL DR. SUSONI
and Case 12-CA-158521
UNIDAD LABORAL DE ENFERMERAS(OS) Y
EMPLEADOS DE LA SALUD
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-1-PD7JW5 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).
Dated, Washington, D.C. March 2, 2016
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER
LAUREN McFERRAN, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 In reviewing the petition to revoke, we have considered the subpoena in light of the
Region’s clarification of the terms “any other document,” “job announcement,”
“recruitment process” and “performance evaluation” as set forth in the Region’s
opposition brief.