Price Rite Supermarket

National Labor Relations Board - Board Decisions

Apr 8, 2013

34-CA-092127 (N.L.R.B. Apr. 8, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PRICE RITE SUPERMARKET
and Case 34-CA-092127
UNITED FOOD & COMMERICAL
WORKERS UNION, LOCAL 371
ORDER
The petition to revoke subpoena duces tecum B-712694 filed by Price Rite
Supermarket 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.1 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., April 8, 2013.
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER

1 In evaluating the subpoena, we have viewed it as modified by the Region’s agreement
to accept a copy of the requested personnel file without I-9 forms, tax documents, or
medical records. Further, to the extent that the Petitioner has provided some of the
requested material, the Petitioner is not required to produce that information again,
provided that the Employer accurately describes which documents under subpoena it
has already provided, states whether those previously-supplied documents constitute all
of the requested documents, and provides all of the information that was subpoenaed.