Sonoco Products Co.

National Labor Relations Board - Board Decisions

Sep 1, 1971

193 N.L.R.B. 1 (N.L.R.B. 1971)

SONOCO PRODUCTS I
Sonoco Products Company and Brotherhood of Team-
sters and Auto Truck Drivers, Local No. 70,
International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America, and
Warehouse, Processing and Allied Workers Local
No. 6, International Longshoremen's and Ware-
housemen 's Union
Sonoco Products Company and Brotherhood of Team-
sters and Auto Truck Drivers , Local No. 70,
International Brotherhood of Teamsters, Chauf-
feurs, Warehousemen and Helpers of America, and
Warehouse, Processing and Allied Workers Local
No. 6, International Longshoremen 's and Ware-
housemeh's Union, Joint Petitioners. Cases
20-CA-4336 and 20-RC-6773
September 1, 1971
SUPPLEMENTAL ORDER AND
DIRECTION OF THIRD ELECTION
BY CHAIRMAN MILLER AND MEMBERS JENKINS
AND KENNEDY
On November 18, 1969, the National Labor
Relations Board issued a Supplemental Decision and
Order,' in which the Board (1) reaffirmed its earlier
Decision and Order2 finding that Respondent had
unlawfully refused to bargain with the certified Joint
Petitioners, in violation of Section 8(a)(5) and (1) of
the National Labor Relations Act, as amended, and
1 119 NLRB No. 101.
e 165 NLRB 619.
Sonoco Pkoducls Company v. N.LR.B, 443 F.2d 1334 (C.A. 9).
* In order to assure that all eligible voters may have the opportunity to
be informed of the issues in the exercise of their statutory right to vote, all
parties to the election should have access to a list of voters and their
addresses which may be used to communicate with them. Excelsior
Underwear Inc., 156 NLRB 1236; N.LR.B. v. Wyman-Gordon Co., 394 U.S.
759. Accordingly, it is hereby directed that an election eligibility list,
(2) issued an appropriate bargaining order. Thereaft-
er, Respondent petitioned the Court of Appeals for
the Ninth Circuit to review and set aside the Board's
Order. On June 2, 1971, the court issued its decision,3
in which it held that the certification was not valid
and the Board's finding thus was not supported by the
evidence. The court accordingly declined to enforce
the Board's Order, and remanded the case for further
proceedings.
Pursuant to the provisions of Section 3(b) of the
National Labor Relations Act, as amended, the
National Labor Relations Board has delegated its
powers in connection with this proceeding to a three-
member panel.
In considering the matter before us, we accept as the
law of this case the court's findings and conclusions.
The matter having been thus remanded to the
Board,
It is hereby ordered that the complaint if Case
20-CA-4336 be, and it hereby is, dismissed.
IT IS FURTHER ORDERED that Case 20-RC--6773 be,
and it hereby is, reopened and the Certification of
Representatives issued on September 30, 1966, be,
and it hereby is, vacated.
IT IS FURTHER ORDERED that Case 20-RC-6773 be,
and it hereby is, remanded to the Regional Director
for Region 20 for the purpose of holding a third
election.
[Direction of Third Election4 omitted from
publication.]
containing the names and addresses of all the eligible voters, must lie filed
by the Employer with the Regional Director for Region 20 within y days
after the date of issuance of the Notice of Third Election by the Regional
Director . The Regional Director shall make the list available to all parties
to the election . No extension of time to file this list shall be granted by the
Regional birector except in extraordinary citcanistances . Failure to
comply with this requirement shall be grounds for setting aside the election
whenever proper objections are filed.
193 NLRB No. 2