Eastern Concrete Cutting Corp.

National Labor Relations Board - Board Decisions

Oct 15, 2014

02-CA-128529 (N.L.R.B. Oct. 15, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
EASTERN CONCRETE CUTTING CORP.
and Case 02-CA-128529
DEVERSON CAMPBELL
and Case 02-CA-131565
MOHAMED TIANE
and Case 02-CA-131568
KEVAN SEALS
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-1-IFQ64R is denied.
The subpoena seeks information relevant to the matters 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., October 15, 2014
KENT Y. HIROZAWA, MEMBER
HARRY I. JOHNSON, III, MEMBER
NANCY SCHIFFER, MEMBER

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