National Labor Relations Board Ex Rel. United Food & Commercial Workers International Union v. Fresh & Easy Neighborhood Market, Inc.

OPINION

BERZON, Circuit Judge:

Petitioner-Appellee United Food and Commercial Workers Union (the “Union”) asks this court to enforce a subpoena duces tecum it served on Respondent-Appellant Fresh & Easy Neighborhood Market, Inc. (“Fresh & Easy”) in advance of a hearing before the National Labor Relations Board (the “NLRB” or “Board”). The Board issued the subpoena at the Union’s request in connection with charges that Fresh & Easy engaged in unfair labor practices by stifling union activity.

Fresh & Easy did not contest the validity of the subpoena by requesting within five days of service that…