SPRAIN BROOK MANOR REHAB, LLC, PINNACLE DIETARY INC., AND COMMERCIAL BUILDING MAINTENANCE CORP.

National Labor Relations Board - Unpublished Board Decisions

May 9, 2013

02-CA-089480 (N.L.R.B. May. 9, 2013)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SPRAIN BROOK MANOR NURSING HOME, LLC
et al.
and Case 02-CA-089480

1199 SEIU UNITED HEALTHCARE WORKERS
EAST
ORDER
The Employer’s petition to revoke subpoenas duces tecum B-707210 and B-
707211 is denied. The subpoenas seek information relevant to the matter 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. 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).1
Dated, Washington, D.C., May 9, 2013
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER

1
Paragraphs 5(f) of the subpoenas are modified as set forth in the Region’s March 26, 2013 opposition
to the petition to revoke.