Teamsters Local Union No. 523 (Interstate Bakeries Corp.)

National Labor Relations Board - Board Decisions

Dec 4, 2013

17-CB-006146 (N.L.R.B. Dec. 4, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
TEAMSTERS LOCAL UNION NO. 523
(INTERSTATE BAKERIES CORP.)
and Case 17-CB-006146
KIRK RAMMAGE
ORDER1
The Respondent’s petition to revoke subpoena duces tecum B-709726 and
subpoenas ad testificandum A-955746 and A-955747 is denied as untimely. Section
11(1) of the Act and Section 102.31(b) of the Board's Rules and Regulations requires
that a petition to revoke an investigative subpoena must be filed within 5 days after the
date of service of the subpoena.2 The subpoenas here were served on the Respondent
on July 15, 2013. Thus, the instant petition, which was filed July 25, 2013, is untimely.
In addition, even assuming that the petition was timely filed, it is lacking in merit.
The subpoenas seek information relevant to the matters under investigation and
describe 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
Respondent has failed to establish any other legal basis for revoking the subpoenas.
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.
2 Sec. 102.31(b) states in relevant part that “[a]ny person served with a subpoena,
whether ad testificandum or duces tecum, if he or she does not intend to comply with
the subpoena, shall, within 5 days after the date of service of the subpoena, petition in
writing to revoke the subpoena. The date of service for purposes of computing the time
for filing a petition to revoke shall be the date the subpoena is received.”
2
Dated, Washington, D.C., December 4, 2013.
KENT Y. HIROZAWA, MEMBER
HARRY I. JOHNSON, III MEMBER
NANCY SCHIFFER, MEMBER