First Student, Inc.

National Labor Relations Board - Board Decisions

Feb 6, 2014

08-CA-113513 (N.L.R.B. Feb. 6, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
FIRST STUDENT, INC.
and Case 08-CA-113513
OHIO EDUCATION ASSOCIATION
ORDER1
The Employer’s motions to revoke subpoena ad testificandum A-952227, issued
to Todd Silverhorn;2 subpoena ad testificandum A-952228, issued to Scott Turney; and
subpoena duces tecum B-714538, issued to the Custodian of Records for the Employer,
are denied. 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., February 6, 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 its Motion to Revoke, the Employer mistakenly refers to the subpoena ad
testificandum issued to Mr. Silverhorn as A-952228.
3 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.