Sanderson Farms, Inc.

National Labor Relations Board - Board Decisions

Jul 23, 2014

15-CA-089244 (N.L.R.B. Jul. 23, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SANDERSON FARMS, INCORPORATED
and Case 15-CA-089244
TINA TAYLOR
and Cases 15-CA-103890
15-CA-109264
LABORERS INTERNATIONAL UNION OF
NORTH AMERICA LOCAL 893
ORDER1
Sanderson Farms, Incorporated’s petition and amended petition to revoke
subpoena duces tecum B-716560 are denied.2 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 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).
Dated, Washington, D.C. July 23, 2014.
MARK GASTON PEARCE, CHAIRMAN
PHILIP A. MISCIMARRA., MEMBER
KENT Y. HIROZAWA, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 The Employer asserts that subpoena duces tecum paragraphs 1, 2, 8, and 9 seek
confidential medical information about employees that should not be disclosed under
Federal law, including the Health Insurance Portability and Accountability Act, the
Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act. The
Employer, however, offers no argument supporting that assertion. Nevertheless, in an
abundance of caution, we direct the Regional Director to ensure that this Order is
implemented in a manner consistent with those laws.