Nistel, Inc.

National Labor Relations Board - Unpublished Board Decisions

Nov 20, 2014

03-RD-130926 (N.L.R.B. Nov. 20, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
NISTEL, INC.
Employer
and Case 03-RD-130926
LISA LYDECKER
Petitioner
and
NEW YORK STATE NURSES
ASSOCIATION
Union

ORDER
The Union’s Request for Review of the Acting Regional Director’s Decision and Direction of
Election is granted as it raises substantial issues warranting review. Having carefully considered
the issues, we conclude that the proceeding should be remanded. We find that the Acting
Regional Director erred by affirming the hearing officer’s grant of the Employer’s petition to
revoke the Union’s subpoena duces tecum only to the extent that the Union seeks documentation
pertaining to whether and to what extent the Employer had – or presently has – imminent and
certain plans to shut down its business, or to continue its operations into 2015 and beyond.1
Accordingly, we remand this case to the Regional Director for further appropriate action,
including a reopening of the hearing if necessary, and a supplemental decision. The Union’s
request for a stay of the election is denied.

MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER

Dated, Washington, D.C., November 20, 2014.

1 We do not pass on unresolved defenses asserted by the Employer in its petition to revoke,
which we leave for resolution by the Regional Director in the first instance.