Pacific Harvest, Inc./ Apio, Inc., as Joint Employer

National Labor Relations Board - Unpublished Board Decisions

Mar 16, 2018

31-CA-200226 (N.L.R.B. Mar. 16, 2018)

UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
PACIFIC HARVEST, INC./APIO, INC.,
AS JOINT EMPLOYER
and Case 31-CA-200226
UNITED FOOD AND COMMERCIAL WORKERS
UNION, LOCAL 5 AFL-CIO, CLC
ORDER1
The Employer’s petition to revoke subpoena duces tecum B-1-Y9N3HZ is denied.
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., March 16, 2018
MARVIN E. KAPLAN, CHAIRMAN
MARK GASTON PEARCE, MEMBER
LAUREN McFERRAN, MEMBER

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.