NATIONAL LABOR RELATIONS BOARD v. UPMC, No. 2:2014mc00110 - Document 23 (W.D. Pa. 2014)
Court Description: MEMORANDUM OPINION on NLRB's Three Applications to Enforce Subpoena Duces Tecum. Signed by Judge Arthur J. Schwab on 8-22-14. (Attachments: # 1 Exhibit A - Subpoena, #(2) Exhibit B - Subpoena, #(3) Exhibit C - Subpoena) (nam)
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FORM NLRB·31 (12·12) c ~se 2:14-mc-0010~oi2~tmt:Jat:k4ra;twJ 03/20/14 Page 1 of 7 · EXHIBIT B I UNITED STATES OF AMERICA NATIONAL LABOR RELATIONS BOARD L ~ I Custodian of I ecords UPMC Presb' erian Shadvside 600 Grant Stn et, 58lh Floor, Pittsburgh, PA 15219-2739 To Suzanne S. Dansky, Attorney and Julie R. Stern, Attorney for the National Labor Relations Board As requested I y whose address is ~ WilliamS. Moorhead Federal Building, 1000 Liberty Avenue. Room 904, Pittsburgh, Pennsylvania 15222 (Street) (ZIP) (State) (City) I YOU ARE HEREBY f EQUIREO AND DIRECTED TO APPEAR BEFORE an Administra ive Law Judge of the National Labor Relations Board WilliamS. Moorhead Federal Building, RM 904, 1000 Liberty Ave., m----------4-----------------------~------------~------------------------in the City of _ _P-+-tts_b_ur_gh_,_P_A_I5_2_2_2_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 3rci on the day of ---'F..Joe.w.bruou~.~~.ai..JO'~------ or rescheduled date tc testify in 20--l.i. - at --l-1.~,;:.1::~00"----- (a.m.) (p.m.) or any adjourned r iPMC and its s11hsirliary r rpMC Presbyterian Shad )Is ide Sjngle Emplo)ler d/b/a UPMC Presb' terian Hosoital and d/b/a UPMC Shadyside Hospital Case 06-CA-1 02465, et al (C8se Name and Number) And you are heret~ required to bring with you and produce at said time and place the following books,records, correspondence, and documents: See attachme t In accordance with th ~Board's Rules and Regulations, 29 C.F.R. Section 102.31(b) (unfair labor practice proceedings) and/or 29 C.F.R. Section 102.6~ (c) (representation proceedings), objections to the subpoena must be made by a petltlon to revoke and must be filed as set forth th~rein. Petitions to revoke must be received within five days of your having received the subpoena. 29 C.F.R. Section 102.111 (b) (3 . Failure to follow these regulations may result in the loss of any ability to raise such objections in court. 8- 720f65 Under the seal of the National Labor Relations Board, and by direction of the Board, this Subpoena is Issued at this Pittsburgh, Pennsylvania, 14'b day of January 20 14 NOTICE TO WITfl ESS. Witness fees for attendance, subsistence, and mileage under this subpoena are payable by the party at whose request th witness is subpoenaed. A witness appearing at the request of the General Counsel of the National Labor Relations Boa jd shall submit this subpoena with the voucher when claiming reimbursemenl PRIVACY ACT STATEMENT Sohettalion of the informatior on this form is authonzed by the National Labor Relations Act (NLRA), 29 U.S. C. § 151 et seq. The principal use of the mformalion is lo ass1st the National Labor A lal1ons Board (NLRB)1n processing representalion and/or unfair labor pract1ce proceedings and related proceedings or lil1galion. The outme uses for lhe informat~n are fully set forth in the Federal Regisler, 71 Fed. Reg. 74942·43 (Dec. 13, 2006). The NLRB Will further explain these uses upon equest. Disclosure of thiS 1n ormaliOn lo lhe NLRB is mandatory in lhal failure to supply lhe Information may cause the NLRB lo seek enforcement of the subpoena mfederal court. C se 2:14-mc-00109-AJS Document 1-4 Filed 03/20/14 Page 2 of 7 ATTACHMENT UPMC, etal Cases 06-C -1 02465, et al. DEFINITIONS AND INSTRUCTIONS 1. The w rd "document" or "documents" means, without limitation, the following item·s, whether prin ed or recorded or reproduced by any other mechanical process, or written or produced by hand, or any existing printed, typewritten, handwritten or otherwise recorded material of hatever kind and/or character, including, but not limited to: agreements, communicat ens, correspondence, telegrams, letters, memoranda, facsimile transmissions, minutes, not s of any character, diaries, calendars, statements, affidavits, photographs, microfilm or icrofiche, audio and/or video tapes, statistics, pamphlets, newsletters, press releases, bu letins, transcripts, summaries or records of telephone conversations or telephonic text messag s, summaries or records or personal conversations or interviews, conferences, transcripts o summaries or reports of investigations and/or negotiations, drafts, internal or inter-office emoranda or correspondence, lists, data contained in computers, computer printouts, co puter discs and/or files and all data contained therein, electronically stored records and electronic or "e" mail, any marginal or "post-it" or "sticky pad" comments appearing on or with d cuments, and all other writings, figures or symbols of any kind, including but not limited to ca bon, photographic or other duplicative copies of any such material in the possession f, control of or available to the subpoenaed party, or any agent, representative, or other perso s acting in cooperation with, in concert with, or on behalf of said subpoenaed party. 2. The ords "employee" and "employees" mean all full-time and regular part-time employees mployed by UPMC Presbyterian Shadyside. 3. The Union" refers to SEIU Healthcare Pennsylvania, CTW, CLC, its agents, officers, and/or repr sentatives. Wh never used herein, the singular shall be deemed to include the plural. and vice 4. versa; the p esent tense shall be deemed to include the past tense, and vice versa; references to parties s all be deemed to refer to any and all of their owners, officers, directors, owners, managers, upervisors, agents, and representatives; "and" and "or" and any other conjunctions shall be de med both conjunctively and disjunctively so as to make the request inclusive rather than exclusi e and to require the enumeration of all information responsive to all or any part of each reque tin which any conjunction or disjunction appears; and, "any," "each," "every," and "all" shall b deemed to be all inclusive and to require production of each and every document responsive o the request in which such terms appear. 5. This subpoena is intended to cover all documents that are-in your possession, custody or control, s well as documents that are in the possession, custody or control of your present or former a ents, attorneys, accountants, advisors, investigators, and any other persons or companies irectly or indirectly employed by, or connected with you. C se 2:14-mc-00109-AJS Document 1-4 Filed 03/20/14 Page 3 of 7 6. As t any documents not produced in compliance with this subpoena on any ground or if any request d document was, through inadvertence or otherwise, destroyed or no longer in the possession f you, state: (a) the author; (b) the recipient; (c) the name of each person to whom the original or a copy was sent; · (d) the date of the document; (e) the subject matter of the document; and (f) the circumstances under which the document was destroyed, withheld or is no longer in your possession. 7. This equest is continuing in character and if additional responsive documents come to your attenti following the date of production, such documents must be promptly produced. 8. This equest contemplates production of responsive documents in their entirety, without abbreviation redaction, or expurgation. 9. All d cuments produced pursuant to this subpoena are to be organized by what subpoena p ragraph each document or set of documents are responsive to, and labels referring to t at subpoena paragraph are to be affixed to each document or set of documents. 10. Unle s otherwise stated, each item requested covers the period from January 1, 2012, to the date f service herein {the subject period). 11. This ubpoena specifically requests the described documents, whether held or maintained t any facility operated by UPMC Presbyterian Shadyside, at one or another of UPMC Pres yterian Shadyside's offices, or at some other location. 2 C se 2:14-mc-00109-AJS Document 1-4 Filed 03/20/14 Page 4 of 7 DOCUMENTS SUBJECT TO SUBPOENA NO. B-720565 1. Copi s of the original Articles and/or Certificate of Incorporation and/or partnership agreement f UPMC Presbyterian Shadyside. 2. Co pi s of any amendments to the original Articles and/or Certificate and/or partnership agreement f UPMC Presbyterian Shadyside effective during the subject period. 3. Copi s of all leases, sales agreements, loans, extensions of credit, and other documents etween UPMC Presbyterian Shadyside and any shareholders or partners thereof and UPMC nd any shareholders or partners thereof. 4. *Co ies of documents showing the names and addresses of non-patient customers of UPMC Pres yterian Shadyside during the subject period. 5. *Co ies of documents showing the names and addresses of suppliers of UPMC Presbyteria Shadyside during the subject period. 6. Copi s of documents showing the gift, lease, sale or other transfer of real or personal property, eq ipment or machinery between UPMC Presbyterian Shadyside and any shareholder or partners thereof and UPMC and any shareholders or partners thereof, and showing the terms of such gift, lease, sale or other transfer. 7. Copi s of any and all minutes of meetings of the board of directors of UPMC Presbyteria Shadyside or other documents showing the actions of UPMC Presbyterian Shadyside r lating to the relationship between UPMC Presbyterian Shadyside and any shareholder or partner thereof and UPMC and any shareholder or partner thereof. 8. Doc ments as will show the relationship between UPMC Presbyterian Shadyside and UPMC inclu ing the ownership interest of UPMC Presbyterian Shadyside or any of its shareholde or partners in UPMC for the subject period. 9. Copi s of Annual Reports of UPMC Presbyterian Shadyside for 2011, 2012 and 2013. 10. Copi s of audited Financial Statements of UPMC Presbyterian Shadyside for 2011, 2012 and 2 13. 11. Cop· s of any documents showing the capital investment of each of the shareholders or partners of PMC Presbyterian Shadyside in UPMC and UPMC Presbyterian Shadyside. 12. Copi s of any documents showing the ownership interest of each of the shareholders or partners of PMC Presbyterian Shadyside in UPMC and UPMC Presbyterian Shadyside. 13. *Do uments of UPMC Presbyterian Shadyside, including corporate minutes, which disclose the names of all directors of UPMC Presbyterian Shadyside and the dates during which each uch person was a director for the subject period. 14. *Do uments of UPMC Presbyterian Shadyside, including corporate minutes, which disclose th following information for the subject period; the names of all officers of UPMC 3 C se 2:14-mc-00109-AJS Document 1-4 Filed 03/20/14 Page 5 of 7 Presbyteria Shadyside, the office{s) each such individual held, and the dates on which each such individ al held such office(s). 15. *Doc ments of UPMC Presbyterian Shadyside which disclose the following information for the subj ct period; the names of all stockholders of UPMC Presbyterian Shadyside, the number and classes of shares held by each stockholder, and the dates and amounts of stock acquired or isposed of by each stockholder of UPMC Presbyterian Shadyside. 17. Doc ments that will show the organizational structure and chain of command or authority of PMC Presbyterian Shadyside, including the name, title and position of all individuals 'thin that organizational structure. 18. Doc ments of UPMC Presbyterian Shadyside which disclose the dates and amounts of all rent paid by UPMC Presbyterian Shadyside to UPMC for the subject period. 19. Doc ments of UPMC Presbyterian Shadyside which disclose the dates and amounts of all rent rece· ed by UPMC Presbyterian Shadyside from UPMC for the subject period. 20. All w itten agreements between UPMC Presbyterian Shadyside and UPMC pertaining to the lease, r ntal or provision of equipment by UPMC to UPMC Presbyterian Shadyside for the subject peri d. 21. Doc ments of UPMC Presbyterian Shadyside, including canceled checks, which disclose the dates and amounts of all payments by UPMC Presbyterian Shadyside to UPMC for use of equi ment owned by UPMC for the subject period. 22. Doc ments of UPMC Presbyterian Shadyside which disclose the dates and amounts of all payment by UPMC to UPMC Presbyterian Shadyside for use of equipment owned by UPMC Pres yterian Shadyside for the subject period. 23. All between U Presbyteria of services itten agreements in effect or entered into at any time during the subject period MC Presbyterian Shadyside and UPMC pertaining to the use by UPMC Shadyside of individuals employed or contracted by UPMC and/or to the furnishing y UPMC to UPMC Presbyterian Shadyside. 24. Doc ments of UPMC Presbyterian Shadyside, including canceled checks, which disclose the dates and amounts of all payments by UPMC Presbyterian Shadyside to UPMC for services du ing the subject period, and the nature of the service provided by UPMC. 25. Doc ments of UPMC Presbyterian Shadyside for the subject period which show the number of h urs spent by individuals employed or contracted by UPMC Presbyterian Shadyside in providing services to UPMC. 26. All ritten agreements in effect or entered into at any time during the subject period between U MC Presbyterian Shadyside and UPMC pertaining to the use by UPMC of individuals mployed or contracted by UPMC Presbyterian Shadyside and/or to the furnishing of services by PMC Presbyterian Shadyside to UPMC. 4 C se 2:14-mc-00109-AJS Document 1-4 Filed 03/20/14 Page 6 of 7 27. Doc ments of UPMC Presbyterian Shadyside, which disclose the dates and amounts of all payment by UPMC to UPMC Presbyterian Shadyside for any services for the subject period. 28. Doc ments of UPMC Presbyterian Shadyside for the subject period which show the number of h urs spent by individuals employed by UPMC Presbyterian Shadyside in providing services to PMC, and which describe the nature of those services. 29. Doc ments of UPMC Presbyterian Shadyside which disclose the identity of the medical and health i surance plan for employees of UPMC Presbyterian Shadyside in effect at any time during the s bject period, and which disclose the identity of the employee group covered by the plan. 30. Doc ments of UPMC Presbyterian Shadyside which disclose the identity of the pension plan for em loyees of UPMC Presbyterian Shadyside in effect at any time during the subject period and hich disclose the identity of the employee group covered by the plan. 31. Fed ral and state tax returns filed by UPMC Presbyterian Shadyside for the calendar years 2011 nd 2012, or, if appropriate, fiscal years 2011 and 2012. 32. Doc ments reflecting the telephone numbers assigned to UPMC Presbyterian Shadyside perations. 33. Copi s of any and all letterheads used for business correspondence by UPMC Presbyteria Shadyside. 34. Copi s of any and all advertisements used by UPMC Presbyterian Shadyside for the purpose of eliciting business for the subject period. 35. Doc ments reflecting any advertisements used by UPMC Presbyterian Shadyside for the purpose of soliciting applicants for employment by UPMC Presbyterian Shadyside for the · period subj ct period. 36. Doc ments reflecting any applications filed by UPMC Presbyterian Shadyside for public funding of ny of its operations. 37. Doc ments reflecting any pension or other benefit plans offered to employees of UPMC Presbyteria .Shadyside. 38. Doc ments showing the identity of all entities having an ownership interest in the real and physi I property at which UPMC Presbyterian Shadyside has its operations in Pittsburgh, Pennsylvan a. 39. Cop of the Ethics, Compliance and Audit Services policies followed by UPMC Presbyteria Shadyside. 40. Doc ments issued by UPMC Presbyterian Shadyside's Office of Ethics, Compliance and Audit Servi es during the subject period. 41. Cop of the Utilization Review processes followed by UPMC Presbyterian Shadyside. 5 C se 2:14-mc-00109-AJS Document 1-4 Filed 03/20/14 Page 7 of 7 42. Docu ents which show all quotes or bids for contracts for goods and/or services submitted b UPMC Presbyterian Shadyside or any of its officers, directors or agents to UPMC at any time uring the subject period. 43. Docl! ents reflecting all loans issued by UPMC Presbyterian Shadyside to UPMC during the s bject period. 44. Doc ments reflecting all lines of credit extended by UPMC Presbyterian Shadyside to UPMC durin the subject period. 45. Documents reflecting the entity which owns the property used by UPMC Presbyterian Shadyside i conducting its business during the subject period. 46. Cop of any affiliation agreement between UPMC Presbyterian Shadyside and UPMC in effect at any time during the subJect period. 47. Cop of any agreement between UPMC Presbyterian Shadyside and any UPMC-owned or affiliated ntity including, but not limited to, Ebenefits Solutions, for the provision of human resources a d/or personnel management services, in effect at any time during the subject period. *In lieu of on inal documents required above, compliance with this Subpoena may be accomplishe by the submission in affidavit form of compilations and/or analyses made from the original ocuments, setting forth the information required, provided that pertinent records be made availa lefor checking the accuracy of the statement in the event such action is deemed necessary. 6
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