SBM Site Services, LLC

National Labor Relations Board - Board Decisions

Jul 18, 2016

20-CA-157693 (N.L.R.B. Jul. 18, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SBM
and Cases 20-CA-157693
20-CA-157705
JOSE LA SERNA 20-CA-157765
ESTER QUINTANILLA
LUCINA VARGAS
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-1-RFRXYP 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. Further, the
Employer has failed to establish any other legal basis for revoking the subpoena.2 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., July 18, 2016.
PHILIP A. MISCIMARRA, MEMBER
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 considering the petition to revoke, we have evaluated the subpoena in light of the
Region’s clarifications to the Employer that the subpoena only seeks information
regarding unit employees and that the Employer may redact sensitive personal
information, such as Social Security numbers. (Opp. at 6, and Exhs. 18 and 19.)