Securitas Security Services USA, Inc.

National Labor Relations Board - Board Decisions

Jun 13, 2018

20-CA-215028 (N.L.R.B. Jun. 13, 2018)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SECURITAS SECURITY SERVICES
USA, INC.
and Cases 20-CA-215028
20-CA-215743
INTERNATIONAL UNION, SECURITY,
POLICE AND FIRE PROFESSIONALS
OF AMERICA, LOCAL 650
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-1-10V90DH is denied
as untimely. Section 11(1) of the Act and Section 102.31(b) of the Board’s Rules and
Regulations require that a petition to revoke an investigative subpoena must be filed within
5 days after the date of service of the subpoena. The subpoena here was received by the
Employer on April 20, 2018, but the petition was not filed until April 30, 2018. Thus, the
petition was untimely.
In addition, even assuming that the petition was timely filed, it is lacking in merit.
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. 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).

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel. Member Emanuel is recused and took no part in the consideration of
this case.
2
Dated, Washington, D.C., June 13, 2018.
MARK GASTON PEARCE MEMBER
LAUREN McFERRAN, MEMBER
MARVIN E. KAPLAN, MEMBER