DHSC, LLC d/b/a Affinity Medical Center and its single and/or joint employer Community Health System

National Labor Relations Board - Board Decisions

Apr 3, 2014

08-CA-111260 (N.L.R.B. Apr. 3, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
DHSC, LLC, d/b/a AFFINITY MEDICAL CENTER
and Cases 08-CA-111260
08-CA-117890
NATIONAL NURSES ORGANIZING
COMMITTEE (NNOC)
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-714547 and subpoenas
ad testificandum A-952254, A-952255, A-952256, A-952257, and A-952258 is denied.2
The subpoenas seek information relevant to the matters 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.3 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., April 3, 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.
2 Member Miscimarra would grant the Employer’s petition as to the Subpoenas Ad
Testificandum Nos. A-952254, A-952255 and A-952256, but only to the extent of directing
the Region to schedule the appearances of the three subpoenaed patient-care managers
so they each occur on separate days, which addresses the Employer’s argument that
requiring these appearances on the same day “puts patient care at risk.”
3 The Region has indicated in its opposition brief that it is willing to modify the subpoena
duces tecum by withdrawing paragraph 15. In considering the petition to revoke, we have
evaluated the subpoena as modified in this manner.