Sonoco Products Company v. National Labor Relations Board

Bad Law
443 F.2d 1334·77 L.R.R.M. (BNA) 2589·1971 U.S. App. LEXIS 9890
United States Court of Appeals for the Ninth CircuitJune 2, 197125217_1California1,825 words

Opinion

Opinion

Barnes, J.

Petitioner herein (“Sonoeo” or “Company”), filed this petition to review a supplemental order of the National La bor Relations Board (NLRB) finding Sonoco guilty of a refusal to bargain with certain persons. The NLRB has filed a cross-application for enforcement.

This case has been before us before. (Sonoco Products Company v. NLRB, 399 F.2d 835 (9th Cir. 1968)). At that time we set aside the order of the Board ( 165 NLRB 619 , 1967) and remanded the action for an evidentiary hearing and reconsideration of certain issues. After a hearing, the Board issued a Supplemental Decision and Order ( 179 NLRB No. 101 ), finding the Company had violated Section 8(a) (5) and (1) of the Act by refusing to bargain with the two unions certified.

On the first appeal, the Company urged the original bargaining order should be set aside:

(a) because the Regional Director erred in setting aside the first (or 3/23/66) election, favorable to the Company, by a 17 to 14 vote;

(b) because the Regional Director erred in refusing to grant a hearing with respect to the Company challenges to the second (or 8/17/66) election, favorable to the Unions, by a 16 to 14 vote (one vote challenged).

This court…

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