Coastal Sunbelt Produce

National Labor Relations Board - Board Decisions

Jul 15, 2014

05-CA-121498 (N.L.R.B. Jul. 15, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
COASTAL SUNBELT PRODUCE, INC.
and Cases 05-CA-121498

JOSE TOTOTZINTLE
and 05-CA-121499
HUGO GALIZ
and 05-CA-121505
HIPILITO GONZALEZ
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-1-H0G067 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).2
Dated, Washington, D.C., July 15, 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 To the extent that the Employer has provided some of the requested material, it is not
required to produce that information again, provided that the Employer accurately
describes which documents under subpoena it has already provided, states whether those
previously-supplied documents constitute all of the requested documents, and provides all
of the information that was subpoenaed.