SW General, Inc. d/b/a American Medical Response

National Labor Relations Board - Board Decisions

Oct 19, 2018

28-CA-215552 (N.L.R.B. Oct. 19, 2018)

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD SW GENERAL, INC. d/b/a AMERICAN MEDICAL RESPONSE and Case 28-CA-215552 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL I-60 ORDER1 The Employer’s Petition to Revoke subpoena duces tecum B-1-11FC5VL 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. 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). We direct the Employer 1 The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. 2 In denying the petition, we have considered the subpoena in light of the Region’s statement in its opposition that it does not object to the Employer’s redacting any personally identifiable information within the meaning of Fed. R. Civ. P. 5(2) in the responsive documents. 2 to produce the documents responsive to the subpoena requests within 5 business days of the issuance of this Order. Dated, Washington, D.C., October 19, 2018. JOHN F. RING, CHAIRMAN MARVIN E. KAPLAN, MEMBER WILLIAM J. EMANUEL, MEMBER