NATIONAL LABOR RELATIONS BOARD v. UPMC

Filing 27

Supplement/Amendment to 25 Memorandum Opinion. Signed by Judge Arthur J. Schwab on 8-26-14. (nam)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
NATIONAL LABOR RELATIONS
BOARD,
Petitioner,

14mc00109
ELECTRONICALLY FILED

v.
UPMC PRESBYTERIAN
SHADYSIDE,
Respondent.

NATIONAL LABOR RELATIONS
BOARD,
Petitioner,

14mc00110
ELECTRONICALLY FILED

v.
UPMC,
Respondent.

NATIONAL LABOR RELATIONS
BOARD,
Petitioner,

14mc00111
ELECTRONICALLY FILED

v.
UPMC,
Respondent.
Supplement/Amendment to Memorandum Opinion at doc. nos. 23, 24 and 25

*
IV.

*

*

Standard of Review6

SO ORDERED this 26th day of August, 2014.
s/Arthur J. Schwab
Arthur J. Schwab
United States District Judge

cc: All Registered ECF Counsel and Parties

6

As the Court set forth above, the NLRB’s functions include “its investigatory function and enforcer of
federal labor law.” As further detailed above, the history of the current matter through various stages,
included the filing of unfair labor practices, the investigation, the filing by the NLRB of a complaint and
amended complaint, the issuance of the three Subpoenas currently in dispute, the proceedings before the
Administrative Law Judge, and his rulings on UPMC’s challenges to said Subpoenas. Thus, the NLRB
proceeding has advanced from an administrative investigation to an administrative litigation/trial
proceeding. However, the case law and applicable legal standards involving enforcement of subpoenas,
whether issued pursuant to an administrative investigation or in the context of an administrative
litigation/trial proceeding, are instructive and applicable. In fact, the briefing by both the NLRB and
UPMC includes citations to the enforcement of subpoenas, whether they be in an investigatory or
litigation/trial posture, interchangeably, see doc. nos. 2, 14, and 22, consistent with the language of
§ 161(2), which states this Court shall have jurisdiction “to issue to such a person an order requiring such
person to appear before the Board . . . to produce evidence if so ordered . . . touching the matter under
investigation or in question.” 29 U.S.C. § 161(2).