THE HEIL CO., INC. D/B/A HEIL ENVIRONMENTAL

National Labor Relations Board - Board Decisions

Sep 25, 2012

10-CA-080758 (N.L.R.B. Sep. 25, 2012)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
THE HEIL CO., INC.
d/b/a HEIL ENVIRONMENTAL
and Cases 10-CA-080758
10-CA-082249
UNITED STEEL, PAPER &
FORESTRY, RUBBER,
MANUFACTURING, ENERGY,
ALLIED INDUSTRIAL & SERVICE
WORKERS, AFL-CIO-CLC
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-631897 is denied as
untimely. Section 11(1) of the Act and Section 102.31(b) of the Board's Rules and
Regulations require that a petition to revoke an investigative subpoena must be filed
within 5 days after the date of service of the subpoena. The subpoena at issue here
was served on the subpoenaed party on July 20, 2012. Thus, the instant petition, which
was filed July 30, 2012, is untimely. Accordingly, the petition is denied.2
Dated, Washington, D.C., September 25, 2012.
MARK GASTON PEARCE, CHAIRMAN
RICHARD F. GRIFFIN, JR., MEMBER
SHARON BLOCK, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 We additionally deny the petition to revoke on the merits because the subpoena
seeks information relevant to the matter under investigation, describes with sufficient
particularity the evidence sought, and the Employer 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).