Sonoco Products Co.

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