Wan Hao Eastern Corp. and Shi Lin Xiang Seafood, Inc., alter egos

National Labor Relations Board - Board Decisions

Jun 1, 2017

29-CA-179777 (N.L.R.B. Jun. 1, 2017)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
WAN HAO EASTERN CORP. AND
SHI LIN XIANG SEAFOOD, INC.,
ALTER EGOS AND/OR PREDECESSOR/
SUCCESSOR AND/OR JOINT EMPLOYERS
and Case 29-CA-179777
FLUSHING WORKERS CENTER
ORDER
The Employer’s Petition to Revoke subpoena duces tecum B-1-VUQ3Q5 is denied.
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 National Labor Relations Board’s Rules and Regulations.
Further, the Employer has failed to establish any other legal basis for revoking the
subpoena.1 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).
Dated, Washington, D.C., June 1, 2017
PHILIP A. MISCIMARRA, CHAIRMAN
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER

1 In lieu of the information requested in paragraphs 1-5, the Employer may supply a
completed commerce questionnaire, as stated in the subpoena.
In addition, to the extent that the Employer asserts that no responsive evidence
exists for certain subpoena paragraphs, it is not required to produce subpoenaed evidence
that it does not possess, but the Employer is required to conduct a reasonable and diligent
search for all requested evidence, and as to requested evidence that the Employer
determines it does not possess, the Employer must affirmatively represent to the Region
that no responsive evidence exists.
Finally, we have evaluated the subpoena in light of the Region’s agreement to limit
the requests to the time period starting from the Employer’s date of incorporation, if that
date is after April 16, 2016, as stated in the Region’s opposition to the Employer’s petition.