Sacramento Container Corporation

National Labor Relations Board - Board Decisions

Dec 15, 2014

20-CA-116307 (N.L.R.B. Dec. 15, 2014)

McClellan, CA
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
SACRAMENTO CONTAINER
CORPORATION
and
TEAMSTERS DISTRICT COUNCIL 2,
INTERNATIONAL BROTHERHOOD OF
TEAMSTERS, GRAPHIC
COMMUNICATIONS CONFERENCE, LOCAL
388M
Cases 20-CA-116307
20-RC-111147
AMENDED DECISION, ORDER, AND DIRECTION OF SECOND ELECTION
On October 29, 2014, Administrative Law Judge Jay R. Pollack of the National Labor
Relations Board issued his Decision in the above-entitled proceeding and, on the same date,
the proceeding was transferred to, and continued before the Board in Washington, D.C. The
Administrative Law Judge found that the Respondent has engaged in certain unfair labor
practices, and recommended that it take specific action to remedy such unfair labor practices.
The Administrative Law Judge also sustained the Petitioner-Union’s objections to the
election, and recommended that the September 19 and 20, 2013 election be set aside, and a
second election be held.
No statement of exceptions having been filed with the Board, and the time allowed for
such filing having expired,
Pursuant to Section 10(c) of the National Labor Relations Act, as amended, and Section
102.48 of the National Labor Relations Board Rules and Regulations, the Board adopts the
findings and conclusions of the Administrative Law Judge as contained in his Decision, and
orders that the Respondent, Sacramento Container Corporation, its officers, agents,
successors, and assigns, shall take the action set forth in the recommended Order of the
Administrative Law Judge.
DIRECTION OF SECOND ELECTION
A second election by secret ballot shall be conducted among the employees in the unit
found appropriate whenever the Regional Director deems appropriate. The Regional Director
shall direct and supervise the election, subject to the Board’s Rules and Regulations. Eligible to
vote are those employed during the payroll period ending immediately before the date of the
Notice of Second Election, including employees who did not work during that period because
they were ill, on vacation, or temporarily laid off. Also eligible are employees engaged in an
economic strike that began less than 12 months before the and who retained their employee
status during the eligibility period and their replacements. Those in the military services may
vote if they appear in person at the polls. Ineligible to vote are employees who have quit or
been discharged for cause since the payroll period, striking employees who have been
discharged for cause since the strike began and who have not be rehired or reinstated before
the , and employees engaged in an economic strike that began more than 12 months before the
and who have been permanently replaced. Those eligible shall vote whether they desire to be
represented for collective bargaining by Teamsters District Council 2, International Brotherhood
of Teamsters, Graphic Communications Conference, Local 388M.
To ensure that all eligible voters 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 that may be used to communicate with them. Excelsior Underwear,
156 NLRB 1236 (1966); NLRB v. Wyman-Gordon Co., 394 U.S. 759 (1969). Accordingly, it is
directed that an eligibility list containing the full names and addresses of all the eligible voters
must be filed by the Employer with the Regional Director within 7 days from the date of Notice of
Second Election. North Macon Health Care Facility, 315 NLRB 359 (1994). The Regional
Director shall make the list available to all parties to the election. No extension of time to file the
list shall be granted by the Regional Director except in extraordinary circumstances. Failure to
comply with this requirement shall be grounds for setting aside the election if proper objections
are filed.
Dated, Washington, D.C., December 10, 2014.
By direction of the Board:
Farah Z. Qureshi
__________________________________
Associate Executive Secretary