Belk, Inc.

National Labor Relations Board - Board Decisions

Jan 23, 2014

15-CA-109057 (N.L.R.B. Jan. 23, 2014)

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UNITED STATES GOVERNMENT
BEFORE THE NATIONAL LABOR RELATIONS BOARD
BELK, INC.
and Case 15-CA-109057
PAM ASHLEY WILLIAMS
ORDER1
The Employer’s petitions to revoke subpoena duces tecum B-706803 and subpoena
ad testificandum A-955427 are denied.2 The subpoenas seek information relevant to the
matter 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 Employer has 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).3
Dated, Washington D.C., January 23, 2014.
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
NANCY SCHIFFER, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 In considering the petitions to revoke, we have evaluated the subpoena duces tecum as
modified by the Region in its November 26, 2013 opposition brief. The Region has
narrowed the subpoena by withdrawing the request for the documents in paragraph 5.
3 We grant the Employer’s petition to revoke the subpoena duces tecum to the extent it
encompasses medical records in the employee’s personnel file because such documents
implicate significant privacy interests and there is no indication in this case that medical
records are related to the matters under investigation.