Solo Cup Co.

National Labor Relations Board - Board DecisionsMay 22, 1970

182 N.L.R.B. 689 (N.L.R.B. 1970)

SOLO CUP CO Solo Cup Company Calumet Industrial District Company and United Papermakers and Paperworkers , AFL-CIO Case 13-CA-7656 May 22, 1970 SUPPLEMENTAL DECISION AND AMENDED ORDER BY CHAIRMAN MCCULLOCH AND MEMBERS BROWN AND JENKINS On July 10, 1968, the National Labor Relations Board issued its Decision and Order in the above-entitled pro- ceeding I Thereafter, on March 11, 1970, the United States Court of Appeals for the Seventh Circuit issued its opinion2 finding, inter alia, that the evidence did not support the Board's conclusion that the Calumet Industrial District was quasi-public in character and that under the existing circumstances the union organiz- ers now enjoyed "a reasonable method of solicitation" without direct access to the premises leased by Solo Cup Accordingly, the court remanded the matter to the Board for modification of the Board's Order as it applied to Solo Cup 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 con- nection with this case to a three-member panel We have accepted the court's remand and will accord- ingly modify our Order issued herein AMENDED ORDER Pursuant to Section 10(c) of the National Labor Rela- tions Act, as amended, the National Labor Relations Board hereby orders that its Order of June 24, 1968, 689 as corrected on May 9, 1969, be, and it here is, amended as follows Delete Paragraph A and all subparagraphs thereunder and substitute therefor the following "A Respondent, Solo Cup Company, its officers, agents, successors , and assigns, shall "1 Cease and desist from interfering with union soli citation of its employees on property other than that which it leases from the Calumet Industrial District Company "2 Post at its location in the Calumet Industrial District in Chicago, Illinois, and at such other locations wherein it has employees working who are a part of the appropriate bargaining unit as determined in Solo Cup Company, 13-RC-11080, copies of the attached notice marked Appendix A Copies of said notice, on forms provided by the Regional Director or Region 13, after being signed by an authorized representative of the Respondent, shall be posted by the Respondent immediately upon receipt thereof, and be maintained by it for 60 consecutive days thereafter, in conspicuous places, including all places where notices to employees are customarily posted Reasonable steps shall be taken by the Respondent to insure that said notices are not altered, defaced, or covered by any other material " 3 Delete the substantive portions of Appendix A and substitute the following Pursuant to a Decision and Order of the National Labor Relations Board, and in order to effectuate the policies of the National Labor Relations Act, as amended, we hereby notify our employees that WE WILL NOT interfere with union solicita- tions of our employees on property other than that which we lease from the Calumet Industri- al District Company 172 NLRB No 110 ' N L R B v Solo Cup Company 429 F 2d 1149 (C A 7) March 11 1970 182 NLRB No 101