Bluefield Hospital Company, LLC d/b/a Bluefield Regional Medical Center, Community Health Systems, I

National Labor Relations Board - Board Decisions

Mar 10, 2014

10-CA-116246 (N.L.R.B. Mar. 10, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
BLUEFIELD HOSPITAL COMPANY, LLC
d/b/a BLUEFIELD REGIONAL MEDICAL CENTER
and Case 10-CA-116246
NATIONAL NURSES ORGANIZING
COMMITTEE, AFL-CIO (NNOC)
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-708050 is denied as
untimely. Section 11(1) of the Act and Sections 102.31(b) and 102.111 of the Board’s
Rules and Regulations require that a petition to revoke an investigative subpoena must be
filed within 5 days after the date of service of the subpoena. The subpoena here was
served on January 2, 2014. Thus, the petition, which was filed January 13, 2014, is
untimely.
Moreover, even assuming that the petition was timely filed, it is lacking in merit.
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, and 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., March 10, 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.