Sonoco Products Company v. National Labor Relations Board

The Sonoeo Products Company has petitioned this court for review of an order issued on June 19, 1967, by the National Labor Relations Board, and the Board has cross-petitioned for enforcement. The Board’s decision and order are reported at 165 N.L.R.B. No. 68.

The issues before us relate to two Board representation elections conducted at petitioner Sonoco’s Hayward, California, plant. The first, in which the employees in the unit voted 17-13 against union representation, was set aside by the Board’s Regional Director. The Regional Director declined, however, to set aside the second election- — -in which the employees approved the union in question by a 16-14 margin — despite Sonoco’s contentions that union conduct interfered with the free choice of certain employees. Petitioner thereupon refused to bargain with the union and was found by the Board thereby to have violated sections 8(a) (1) and (5) of the National Labor Relations Act, 29 U.S.C. § 158 (a) (1), (5) (1964). Issuance of the usual bargaining order followed, and it is that order which is challenged here.

Sonoco asserts that the order should be set aside on two grounds. First, it contends that the Regional Director…