S.E. Clemons Inc.

National Labor Relations Board - Unpublished Board Decisions

Jul 14, 2015

31-CA-127976 (N.L.R.B. Jul. 14, 2015)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
S.E. CLEMONS, INC.
and Cases 31-CA-127976
31-CA-130804
INTERNATIONAL ASSOCIATION OF
SHEET METAL, AIR, RAIL &
TRANSPORTATION WORKERS
LOCAL UNION 105
ORDER1
The petition to revoke subpoena duces tecum B-1-M6UNX7 filed by Petitioner
Pacific Empire Builders, Inc. 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.2 Further, the Petitioner 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 14, 2015.
KENT Y. HIROZAWA, MEMBER
HARRY I. JOHNSON, III, MEMBER
LAUREN McFERRAN, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2 The Petitioner’s request that its petition to revoke be made part of the official record in
this case is denied as premature, without prejudice to the Petitioner renewing this
request if these investigative proceedings progress to the stage where an official record
is created.