MPC Transportation, LLC a/k/a ML Energy

National Labor Relations Board - Unpublished Board Decisions

Sep 13, 2017

15-CA-193716 (N.L.R.B. Sep. 13, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MPC TRANSPORTATION, LLC
a/k/a ML ENERGY
and Case 15-CA-193716
RODNEY R. HILL
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-1-WU2R6T 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. Further,
the Employer has failed to establish any other legal basis for revoking the subpoena.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., September 13, 2017

PHILIP A. MISCIMARRA, CHAIRMAN
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 Chairman Miscimarra would grant the petition to revoke as to paragraph 5 (requesting
“[t]he Employer’s employee handbook or guide applicable to Rodney Hill and the
employees at the Employer’s facility on the date Hill was discharged by the Employer in
January 2017, including what may be known as the ML Energy Driver’s Manual and/or
what was formerly known as the Delek Transportation, LLC Driver’s Manual”) except for
those handbook provisions that reasonably relate to the charge allegation regarding
unlawful discharge. See Inventure Foods, Inc., Case 25-CA-180283 (Jan. 25, 2017).