Publi-Inversiones de Puerto Rico, Inc. d/b/a El Vocero de Puerto Rico

National Labor Relations Board - Unpublished Board Decisions

Jun 2, 2014

12-CA-120344 (N.L.R.B. Jun. 2, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PUBLI INVERSIONES DE PUERTO RICO INC.
d/b/a EL VOCERO
and Case 12-CA-120344

UNION DE PERIODISTAS, ARTES GRAFICAS
Y RAMAS ANEXAS, LOCAL 33225
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-1-GZW4JZ is denied.
The subpoena seeks information relevant to the matter 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.2 Further, the Employer has failed to
establish any other legal basis for revoking the subpoena. 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). In this regard, we note that the Notice of Sale, as amended and
approved by the bankruptcy court, states that: “Nothing in this Sale Order or the Asset
Purchase Agreement shall be held to limit any independent obligation of the Buyer that
potentially could arise after the closing pursuant to the National Labor Relations Act, 29
U.S.C. Sec. 145 [sic] et seq.”3
Dated, Washington, D.C., June 2, 2014
MARK GASTON PEARCE, CHAIRMAN
HARRY I. JOHNSON, III, MEMBER
NANCY SCHIFFER, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 The Region clarified in its opposition brief that in paragraph 4 of the subpoena, the
reference to the year 2001 should be corrected to refer to the year 2011.
3 Region’s opposition, p. 8 (quoting Exh. I, attached to Region’s opposition).