Sand and Sea Inc. d/b/a Shore Hotel

National Labor Relations Board - Board Decisions

Apr 21, 2016

31-CA-162437 (N.L.R.B. Apr. 21, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SAND AND SEA INC. D/B/A SHORE HOTEL
and Cases 31-CA-162437
31-CA-162438
UNITE HERE LOCAL 11 31-CA-162440
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-1-Q81LQ9 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 Employer 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., April 21, 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 In reviewing the petition to revoke, we have considered the subpoena in light of the Region’s
clarification that subpoena paragraph 4 requests information that is not duplicative of
information provided in response to subpoena paragraph 2, as set forth in the Region’s
opposition brief.
3 To the extent that the Employer has provided some of the requested material, it 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.