MHA, LLC d/b/a MEADOWLANDS HOSPITAL MEDICAL CENTER

National Labor Relations Board - Unpublished Board Decisions

Mar 24, 2015

22-CA-086823 (N.L.R.B. Mar. 24, 2015)

UNITED STATES OF AMERICA
NATIONAL LABOR RELATIONS BOARD
MHA, LLC d/b/a MEADOWLANDS
HOSPITAL MEDICAL CENTER
and Cases 22-CA-086823
22-CA-089716
22-CA-090437
22-CA-091025
22-CA-091521
22-CA-092061
22-CA-096650
22-CA-097214
HEALTH PROFESSIONALS 22-CA-099492
AND ALLIED EMPLOYEES, 22-CA-100324
AFT/AFL-CIO 22-CA-106694
ORDER1
The Union’s Request for Special Permission to Appeal from Administrative Law
Judge Steven Davis’s denial of its motion to strike the Respondent’s affirmative defense
111 is denied. The Union has failed to establish that the judge abused his discretion in
denying the motion.
The Union’s Request for Special Permission to Appeal the judge’s denial of its
petition to revoke paragraph 33 of the Respondent’s subpoena duces tecum B-710509
addressed to the Union is also denied. It is undisputed that on March 13, 2014, on the
record at the hearing, the judge denied the Union’s petition to revoke only in part,
characterized the subpoena as overly broad, and instructed the parties to address the
breadth of the subpoena. First, with respect to the Union’s argument that the judge
erred in not granting its petition to revoke paragraph 33 in its entirety, we find that the

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
Union has failed to establish that the judge abused his discretion in instead directing the
parties to narrow the scope of the subpoena request. Second, we note that there is no
evidence in the record before the Board that the judge has ruled on the modifications to
the subpoena made by the Respondent by letters dated March 18 and March 19, 2014.
Thus, at this juncture, the propriety of subpoena paragraph 33, as modified by the
Respondent, is not properly before the Board.2
Dated, Washington, D.C., March 24, 2015.
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
LAUREN MCFERRAN, MEMBER

2 In light of the grounds for our denial of the Union’s appeal as it pertains to paragraph
33 of the subpoena, we also deny the request by New Jersey Citizen Action to file an
amicus brief with respect to paragraph 33, without prejudice to renewing the request to
the judge.