UHS-CORONA, INC. D/B/A CORONA REGIONAL MEDICAL CENTER

National Labor Relations Board - Board Decisions

Jan 9, 2014

21-CA-110919 (N.L.R.B. Jan. 9, 2014)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
UHS-CORONA, INC. d/b/a CORONA REGIONAL
MEDICAL CENTER
and Case 21-CA-110919
UNITED NURSES ASSOCIATIONS OF
CALIFORNIA/UNION OF HEALTHCARE
PROFESSIONALS, NUHHCE, AFSCME,
AFL-CIO
ORDER1
The Employer’s petitions to revoke subpoena duces tecum B-710085 and
subpoenas ad testificandum A-966747 and A-966748 are 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).2 Finally, objections made on the basis of

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 The Employer’s argument that the Acting General Counsel lacked the authority
to conduct the investigation or issue the complaint is rejected. Contrary to the
Employer, the Acting General Counsel was properly appointed under the Federal
Vacancies Reform Act, 5 U.S.C. § 3345, which does not contain the limitation
cited by the Employer, and not pursuant to Section 3(d) of the Act. See Muffley
v. Massey Energy Co., 547 F.Supp. 2d 536, 542–543 (S.D. W. Va. 2008), affd.
570 F.3d 534 (4th Cir. 2009) (upholding authorization of 10(j) injunction
proceeding by Acting General Counsel designated pursuant to the Vacancies
Act). See The Ardit Company, 360 NLRB No. 15 (2013).
2
a state code of civil procedure (here, California) are not cognizable in a Board
proceeding.
Dated, Washington, D.C., January 9, 2014
MARK GASTON PEARCE, CHAIRMAN
HARRY I. JOHNSON, III, MEMBER
NANCY SCHIFFER, MEMBER