Rogan Brothers Sanitation, Inc.

National Labor Relations Board - Board Decisions

Mar 12, 2012

02-CA-065930 (N.L.R.B. Mar. 12, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ROGAN BROTHERS SANITATION, INC.
and Case 02-CA-065930
LOCAL 813, INTERNATIONAL BROTHERHOOD
OF TEAMSTERS
ORDER
The Employer’s petition to revoke subpoena duces tecum B-625212 is denied.
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.1 Further, the
Employer 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., March 12, 2012
MARK GASTON PEARCE, CHAIRMAN
BRIAN E. HAYES, MEMBER
RICHARD F. GRIFFIN, JR., MEMBER

1 The Employer’s request that its petition to revoke, the Region’s opposition, and the
Employer’s letter in reply 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.
2 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 documents, and provides all of
the information that was subpoenaed.