Service Employees International Union, United Service Workers West (ABM)

National Labor Relations Board - Board Decisions

Sep 20, 2018

31-CB-218750 (N.L.R.B. Sep. 20, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SERVICE EMPLOYEES INTERNATIONAL UNION,
UNITED SERVICE WORKERS WEST (ABM)
and Case 31-CB-218750
RODOLFO GARRA
ORDER1
The Union’s Petition to Revoke/Quash subpoena duces tecum B-1-122S3DR 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 business days after the date of service of the subpoena. The subpoena
here was received on July 27, 2018, but the petition was not filed until August 6, 2018.
Thus, the petition is untimely.
In addition, even assuming that the petition was timely filed, it is lacking in merit.
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
Union 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).2

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 Although the subpoena’s instructions at par. “o” state that the subpoena only applies
to documents within the Union’s possession, custody, or control, the instructions at
pars. “p” and “q” further state that if the Union identifies any documents that were, but
no longer are, in the Union’s possession, custody, or control, or that have been
2
Dated, Washington, D.C., September 20, 2018
LAUREN McFERRAN, MEMBER
MARVIN E. KAPLAN, MEMBER
WILLIAM J. EMANUEL, MEMBER

destroyed, discarded or otherwise disposed of, the Union is required to follow the
subpoena’s instructions regarding such documents.