Los Angeles LGBT Center

National Labor Relations Board - Board Decisions

Aug 14, 2017

31-CA-192549 (N.L.R.B. Aug. 14, 2017)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
LOS ANGELES LGBT CENTER
and Case 31-CA-192549
SERVICE EMPLOYEES INTERNATIONAL UNION
(SEIU), CTW-CLC, LOCAL 721
ORDER 1
The Employer's Petition to Revoke- subpoena duces tecum B-1-WE37S7 is
denied. 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.2 Further,
the Employer has failed to establish any other legal basis for revoking the subpoena.
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 in light of the
Region's modification in its opposition brief that it is narrowing the time period covered
by the subpoena to June 12, 2016 through April 25, 2017
Although Chairman Miscimarra would evaluate the subpoena without
consideration of the Region's post-petition modification of the time period (see
Caribbean Restaurants, LLC d!b/a Burger King, Case 12-CA-189669 (June 6, 2017)
(Chairman Miscimarra, dissenting in part); Coca Cola Refreshments, Inc., Case 09-CA-
186932 (May 8, 2017) (Chairman Miscimarra, dissenting in part)), he joins his
colleagues in denying the petition to revoke because he agrees that the subpoena's
original request for documents covering the time period of March 23, 2015 through April
25, 2017 was reasonable and relevant to the matters under investigation.
2
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., August 14, 2017
PHILIP A. MISCIMARRA,
MARK GASTON PEARCE,
LAUREN McFERRAN,
CHAIRMAN
MEMBER
MEMBER