SJT Holdings d/b/a/ McDonald's, (2023)
Date | 15 August 2023 |
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SJT HOLDINGS, INC., MCDONALD’S
USA, LLC, AND MCDONALD’S
CORP.
and
Case 20-CA-310742
SEIU NATIONAL FAST FOOD
WORKERS UNION
ORDER1
SJT Holdings, Inc.’s (SJT) Petition to Revoke Subpoena Duces Tecum No. B-1-
1IWAIVB and McDonald’s USA, LLC and McDonald’s Corp.’s (McDonald’s) Petition to
Revoke Subpoena Duces Tecum No. B-1-1IWBE8R are denied. The subpoenas seek
information relevant to the mattersunder investigation and describe with sufficient particularity
the evidence sought, as required by Section 11(1) of the National Labor Relations Act and
Section 102.31(b) of the Board’s Rules and Regulations. Further, the Petitioners have failed to
establish any other legal basis for revoking the subpoenas.2 See generally NLRB v. North Bay
1 The National Labor Relations Board has delegated its authority in this proceeding to a three-
member panel. Member Wilcox did not participate in this case.
McDonald’s moves to recuse Member Prouty based on his former employment with
SEIU Local 32BJ, making substantially the same arguments that it raised in Case 20-CA-
277353, which involves the same parties. Respondent SJT Holdings, Inc. joinsin this motion, as
it did the previous one. In consultation with the Designated Agency Ethics Official, Member
Prouty has considered the motion and has determined not to recuse himself for the same reasons
he set forth in the order denying petitions to revoke in 20-CA-277353. See SJT Holdings, Inc.,
McDonald’s USA, LLC, and McDonald’s Corp., 372 NLRB No. 82, slip op. at 1 fn. 1 (2023).
2 To the extent SJT has provided some of the requested material, it is not required to produce
that information again, so long as it accurately describes which documents under subpoena it has
already provided, states whether those previously supplied documents constitute all of the
requested documents, and provides all of the information that was subpoenaed.
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