THC Orange County Inc. d/b/a Kindred Hospital - Ontario

National Labor Relations Board - Board Decisions

Dec 21, 2016

31-CA-162635 (N.L.R.B. Dec. 21, 2016)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
THC ORANGE COUNTY INC. D/B/A
KINDRED HOSPITAL – ONTARIO
and Case 31-CA-162635
SERVICE EMPLOYEES INTERNATIONAL UNION,
LOCAL 121RN
KINDRED HOSPITAL SOUTH BAY
and Case 21-CA-162717
SERVICE EMPLOYEES INTERNATIONAL UNION,
UNITED HEALTHCARE WORKERS –WEST
KINDRED HOSPITAL ONTARIO
and Case 31-CA-162764
SERVICE EMPLOYEES INTERNATIONAL UNION,
UNITED HEALTHCARE WORKERS –WEST
KND DEVELOPMENT 53 LLC D/B/A
KINDRED SOUTH BAY
and Case 31-CA-162789
SERVICE EMPLOYEES INTERNATIONAL UNION,
LOCAL 121RN
ORDER
The Petition to Revoke subpoena duces tecum B-1-QITHH9, filed by KND
Development 53 LLC d/b/a Kindred South Bay, and the Petition to Revoke subpoena
duces tecum B-1-QK2TN1, filed by Kindred Hospital Ontario, are denied as untimely.
Section 11(1) of the Act and Sections 102.31(b) and 102.111 of the Board’s Rules and
2
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 subpoenas here were
served on February 29, 2016. Thus, the petitions, which were filed on March 9, 2016,
are untimely.
In addition, even assuming that the petitions were timely filed, they are lacking in
merit.1 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
Petitioners have 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).2
Dated, Washington, D.C., December 21, 2016
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
LAUREN McFERRAN, MEMBER

1 Member Miscimarra would deny the petitions to revoke solely on the ground that they
were untimely filed.
2 We note that the Region has indicated that, to the extent that the Employers have
provided some of the requested material, the Region would be willing to withdraw the
related subpoena requests, provided that the Employers accurately describe which
documents under subpoena have been provided, stipulate that they have no other
responsive documents, and stipulate to the authenticity of the documents already
provided.