FAA Beverly Hills, Inc.

National Labor Relations Board - Board Decisions

Jan 22, 2014

31-CA-101492 (N.L.R.B. Jan. 22, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FAA BEVERLY HILLS, INC.
and Cases 31-CA-101492
31-CA-104699
GENERAL TEAMSTERS, AIRLINE,
AEROSPACE AND ALLIED EMPLOYEES,
WAREHOUSEMEN, DRIVERS, CONSTRUCTION,
ROCK AND SAND, LOCAL 986
ORDER1
FAA Beverly Hills, Inc.’s petition to revoke subpoena duces tecum B-705885 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, FAA has failed to establish
any other legal basis for revoking the subpoena.2 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).3
Dated, Washington, D.C., January 22, 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 In denying FAA’s petition to revoke, we consider the subpoena as modified by the Region’s
limitations on Paragraph 4 and 5 of the subpoena, as stated in its opposition to the petition to
revoke.
To the extent that FAA has provided some of the material requested by the subpoena,
it is not required to produce that information again, provided that it 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. If FAA has no responsive documents to a particular request, FAA should
so state.
3 Because we find that the petition to revoke the subpoena lacks merit, we find it unnecessary
to pass on the Region’s additional argument that the petition was untimely filed.