ACX Pacific Northwest, Inc.

National Labor Relations Board - Board Decisions

Feb 10, 2014

32-CA-108141 (N.L.R.B. Feb. 10, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ACX PACIFIC NORTHWEST, INC.
and Case 32-CA-108141
MIGUEL ANGEL ROJAS
ORDER1
The Employer’s petition to revoke subpoena ad testificandum A-954400 is denied
as untimely. Section 11(1) of the Act and Section 102.31(b) and 102.111 of the Board's
Rules and Regulations require that a petition to revoke a subpoena must be filed within
5 business days after the date of service of the subpoena. The subpoena here was
served on the subpoenaed party on August 24, 2013. Thus, the instant petition, which
was filed September 4, 2013, is untimely.
In addition, even assuming that the petition was timely filed, it is lacking in merit.
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 Board’s Rules and Regulations. Further, the
Petitioner has failed to establish any other legal basis for revoking the subpoena.2 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 The Employer’s argument that the Acting General Counsel lacked the authority to
prosecute this case is rejected. Contrary to the Employer, the Acting General Counsel
was properly appointed under the Federal Vacancies Reform Act, 5 U.S.C. § 3345,
which does not contain the limitation cited by the Employer, and not pursuant to Sec.
3(d) of the Act. See Muffley v. Massey Energy Co., 547 F.Supp. 2d 536, 542–543 (S.D.
2
Dated, Washington, D.C., February 10, 2014.
MARK GASTON PEARCE, CHAIRMAN
HARRY I. JOHNSON, III, MEMBER
NANCY SCHIFFER, MEMBER

W. Va. 2008), affd. 570 F.3d 534 (4th Cir. 2009) (upholding authorization of 10(j)
injunction proceeding by Acting General Counsel designated pursuant to the Vacancies
Act). See The Ardit Company, 360 NLRB No. 15 (2013).