RM Bakery, LLC,D/B/A Leaven & Co., A Wholly-Owned Subsidiary of BKD Group, LLC

National Labor Relations Board - Unpublished Board Decisions

Dec 29, 2020

02-CA-235116 (N.L.R.B. Dec. 29, 2020)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
RM BAKERY, LLC d/b/a LEAVEN & CO.,
A WHOLLY-OWNED SUBSIDIARY OF
BKD GROUP, LLC
and Case 02-CA-235116
MAKE THE ROAD NEW YORK
ORDER1
RM Bakery, LLC d/b/a Leaven & Co., a wholly-owned subsidiary of BKD Group,
LLC’s Petition to Revoke Subpoena Ad Testificandum No. A-1-1AHZC97; and
Featherstone Distribution, LLC’s Petitions to Revoke Subpoena Duces Tecum No. B-1-
1AG3PGF and Subpoena Ad Testificandum No. A-1-1AHZJBN are denied.2 The
subpoenas seek information relevant to the matter under investigation and describe 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. See Postal Workers Local 64
(USPS), 340 NLRB 912 (2003); Offshore Mariners United, 338 NLRB 745 (2002).
Further, the Petitioners have failed to establish any other legal basis for revoking the
1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 In denying the petitions, we have evaluated Subpoena Duces Tecum No. B-1-
1AG3PGF in light of the Contempt, Compliance, and Special Litigation Branch’s
statement in its opposition that to the extent that any responsive documents include
personal information such as dates of birth, social security numbers, driver’s license
numbers, financial account numbers, or credit or debit card numbers, such information
may be redacted.
2
subpoenas. 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., December 29, 2020.
JOHN F. RING, CHAIRMAN
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER