KEYPORT AUTO BODY D/B/A SHAMROCK STAGECOACH

National Labor Relations Board - Board Decisions

Jul 23, 2014

22-CA-122665 (N.L.R.B. Jul. 23, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
KEYPORT AUTO BODY d/b/a
SHAMROCK STAGECOACH
and Case 22-CA-122665
SURIEL CRESENCIA, ET AL.
ORDER
The Employer’s petition to revoke Subpoena B-726545 is denied.1 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.2 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).3
Dated, Washington, D.C., July 23, 2014
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA, MEMBER
KENT Y. HIROZAWA, MEMBER

1 In addition, the Employer’s request for a hearing on its petition to revoke is denied.
2 The Employer’s request that its petition to revoke be made part of the official record in this
case is denied as premature, without prejudice to the Employer renewing this request if these
investigative proceedings progress to the stage where an official record is created.
3 The Employer’s argument that the subpoena should be revoked because the unfair labor
practice charge is barred by Sec. 10(b) is without merit. Issues regarding Sec. 10(b) are
generally not considered in an investigative subpoena context. See, e.g., NLRB v. The
Bakersfield Californian, 128 F.3d 1339, 1341 (9th Cir. 1997) (“Like other defenses to an
unfair labor practice complaint, a section 10(b) statute of limitations defense is not properly
evaluated in a subpoena enforcement proceeding”).