Bellaken Gardens & Skilled Nursing

National Labor Relations Board - Board Decisions

Feb 27, 2014

32-CA-114644 (N.L.R.B. Feb. 27, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
BELLAKEN GARDENS & SKILLED NURSING
and Case 32-CA-114644

SERVICE EMPLOYEES INTERNATIONAL UNION
UNITED HEALTHCARE WORKERS-WEST
ORDER1
The Employer’s petition to revoke subpoena ad testificandum A-982412 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.
Carolina Food Processors, Inc., 81 F.3d 507 (4th Cir. 1996).
Dated, Washington, D.C., February 27, 2014
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.