01-CB-110915 (N.L.R.B. May. 20, 2014)

NATIONAL EMERGENCY MEDICAL SERVICES ASSOCIATION (AMERICAN MEDICAL RESPONSE OF MASSACHUSETTS, INC.)

National Labor Relations Board - Board DecisionsMay 20, 2014

01-CB-110915 (N.L.R.B. May. 20, 2014)

UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD NATIONAL EMERGENCY MEDICAL SERVICES ASSOCIATION and Case 01-CB-110915 NEAL ROTTACH ORDER1 The petition to revoke subpoena duces tecum B-738831 filed by American Medical Response of Massachusetts, Inc. 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 Petitioner 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). Dated, Washington, D.C., May 20, 2014. MARK GASTON PEARCE, CHAIRMAN 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. 2 To the extent that the Petitioner has provided some of the requested material, it is not required to produce that information again, provided that the Petitioner 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. With respect to subpoena par. 1, in light of the Region’s acceptance of the Petitioner’s assertion that it has provided all of the requested documents, we find that the Petitioner’s sole remaining duty is to inform the Region of the provenance of the documents that comprise the “Rottach Incident Reports” file. We have also evaluated the subpoena in light of the Region's acceptance of the Petitioner’s assertion that it has no documents responsive to subpoena par. 2.