MULLER AUTOMOTIVE, INC., D/B/A TEAM TOYOTA OF PRINCETON

National Labor Relations Board - Board Decisions

Mar 20, 2018

22-CA-191253 (N.L.R.B. Mar. 20, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MULLER AUTOMOTIVE, INC. d/b/a/
TEAM TOYOTA OF PRINCETON
and Case 22-CA-191253
UNITED SERVICE WORKERS UNION
LOCAL 355, INTERNATIONAL UNION
OF JOURNEYMAN TRADES AND
ALLIED TRADES
ORDER1
The Employer’s Petition to Revoke subpoena duces tecum B-1-XDQNJH 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 Petitioner 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., March 20, 2018.
MARVIN E. KAPLAN, 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 To the extent that the Employer asserts that no responsive evidence exists for certain
subpoena paragraphs, it is not required to produce subpoenaed evidence that it does
not possess, but the Employer is required to conduct a reasonable and diligent search
for all requested evidence, and as to requested evidence that the Employer determines
it does not possess, the Employer must affirmatively represent to the Region that no
responsive evidence exists.