Provision Living at Hermitage

National Labor Relations Board - Board Decisions

Jan 6, 2016

10-CA-154228 (N.L.R.B. Jan. 6, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PROVISION LIVING AT HERMITAGE
and Case 10-CA-154228
OLIVIA JENKINS
ORDER1
Provision Living at Hermitage’s petition to revoke and/or quash subpoena duces
tecum B-1-NUXFSR is denied.2 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.3 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., January 6, 2016.
MARK GASTON PEARCE, CHAIRMAN
KENT Y. HIROZAWA, MEMBER
LAUREN MCFERRAN, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 The Petitioner’s request that its petition to revoke and/or quash be made part of the
official record in this case is denied without prejudice to renewal at the appropriate time
in a formal proceeding.
3 In ruling on the petition to revoke, we have evaluated it in light of the Region’s
undisputed representation that the Petitioner agreed to provide the information in
subpoena request 1, and therefore withdrew its petition seeking to revoke that request.