Transcendence Transit II, Inc.

National Labor Relations Board - Board Decisions

Jan 24, 2017

29-CA-182049 (N.L.R.B. Jan. 24, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
TRANSCENDENCE TRANSIT II, INC.;
TRANSCENDENCE TRANSIT, INC.; PATRIARCH
PARTNERS, LLC; PATRIARCH PARTNERS III,
LLC; PATRIARCH PARTNERS AGENCY
SERVICES, LLC; ARK CLO 2000-1 LIMITED; ARK
CLO 2000-1, LLC; ARK II CLO 2000-1 LIMITED;
ARK II CLO 2001-1, LLC; ARK INVESTMENT
PARTNERS II, L.P.; ARK INVESTMENT GP II, LLC;
LYNN TILTON
and Case 29-CA-182049
LOCAL 1181-1061, AMALGAMATED TRANSIT
UNION, AFL-CIO
ORDER
The Charged Parties’ Petition to Revoke subpoenas duces tecum B-1-U3R8E9,
B-1-U3QGJH, B-1-U3PGUR, B-1-U3OWMZ, B-1-U30AB3, B-1-U3NMDZ, B-1-U3M8X5,
B-1-U3M2D1, B-1-U3JSAB, B-1-U3JY69, B-1-U3JN8N, and B-1-U3J50J is denied. 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 Charged
Parties have failed to establish any other legal basis for revoking the subpoenas.1 See
generally NLRB v. North Bay Plumbing, Inc., 102 F.3d 1005 (9th Cir. 1996); NLRB v.

1 Acting Chairman Miscimarra would grant the petition to revoke as to paragraph
14 (requesting “[s]uch documents as will show Charged Parties’ employee rules
or policies, including, but not limited to, all employee handbooks and manuals”)
except for those documents that reasonably relate to the charge allegations
regarding unlawful unilateral changes and joint-employer, single-employer, or
alter ego status. See Allied Waste Services of Massachusetts, LLC, Cases 01-
CA-123082, -126843 (Dec. 31, 2014).
2
Carolina Food Processors, Inc., 81 F.3d 507 (4th Cir. 1996).
Dated, Washington, D.C., January 24, 2017
PHILIP A. MISCIMARRA, ACTING CHAIRMAN
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER