Vista Del Sol Health Services, Inc. dba Vista Del Sol Healthcare

National Labor Relations Board - Unpublished Board Decisions

Feb 27, 2014

31-CA-115318 (N.L.R.B. Feb. 27, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
VISTA DEL SOL HEALTHCARE
and Cases 31-CA-115318
31-CA-115332
SEIU-ULTCW, SERVICE EMPLOYEES 31-CA-116096
INTERNATIONAL UNION, UNITED 31-CA-116485
LONG TERM CARE WORKERS 31-CA-116484
31-CA-116487
31-CA-116486
31-CA-116481
31-CA-116483
31-CA-116488
31-CA-116089
31-CA-118685
31-CA-118686
31-CA-118687
31-CA-118682
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-712357 is denied.
The subpoena seeks information relevant to the matter 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.

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2
Carolina Food Processors, Inc., 81 F.3d 507 (4th Cir. 1996).2
Dated, Washington, D.C., February 27, 2014
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER

2 In the absence of evidence that would establish the date the Employer received the
subpoena, we do not pass on the General Counsel’s argument that the petition to
revoke the subpoena was untimely filed. See NLRB Rules and Regulations, Sec.
102.31(b), which states in relevant part that “[t]he date of service for purposes of
computing the time for filing a petition to revoke shall be the date the subpoena is
received.”