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THE HESS COLLECTION WINERY v. CALIFORNIA AGRICULTURAL LABOR RELATIONS BO. Part I

THE HESS COLLECTION WINERY v. CALIFORNIA AGRICULTURAL LABOR RELATIONS BO. Part I
07:07:2006

THE HESS COLLECTION WINERY v. CALIFORNIA AGRICULTURAL LABOR RELATIONS BOARD



Filed 7/5/06




CERTIFIED FOR PUBLICATION





IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA


THIRD APPELLATE DISTRICT


(Sacramento)


----








THE HESS COLLECTION WINERY,


Petitioner,


v.


CALIFORNIA AGRICULTURAL LABOR RELATIONS BOARD,


Respondent.


UNITED FOOD AND COMMERCIAL WORKERS UNION AND FRESH FRUIT AND VEGETABLES WORKERS LOCAL 1096,


Real Party in Interest.






C045405



(2003MMC01)




ORIGINAL PROCEEDINGS. Writ of Review. Affirmed.


Littler Mendelson, Randolph C. Roeder and Michael Hoffman for Petitioner.


Bill Lockyer, Attorney General, Manuel M. Medeiros, Solicitor General, Louis R. Mauro, Assistant Attorney General,



Kenneth R. Williams, Meg Halloran and Douglas J. Woods, Deputy Attorneys General, for Respondent.


Altshuler, Berzon, Nussbaum, Rubin & Demain, Scott A. Kronland, Jonathan Weissglass, Danielle E. Leonard; Weinberg, Roger & Rosenfeld and David Rosenfeld for Real Party in Interest.


Pacific Legal Foundation, M. David Stirling, John H. Findley and Arthur B. Mark III for Western Growers Association, California Farm Bureau Federation, Ventura County Agricultural Association, Grower-Shipper Vegetable Association of Santa Barbara & San Luis Obispo Counties, Imperial Valley Vegetable Growers Association and Howard Sagaser as Amici Curiae on behalf of Petitioner.


Law Offices of Marcos Camacho, Marcos Camacho and Thomas Patrick Lynch for United Farm Workers of America, AFL-CIO as Amicus Curiae on behalf of Real Party in Interest.


This case involves a challenge to the constitutionality of mandatory interest arbitration statutes applicable to agricultural employers. (Lab. Code, § 1164 et seq.; undesignated section references are to the Labor Code.)


After agricultural employer Hess Collection Winery (Hess) and the United Food and Commercial Workers Union (Union) failed to agree on the terms of an initial collective bargaining agreement, a private â€





Description State law providing for private mediator to set binding terms of an initial farm union collective bargaining agreement. The agreement stated where parties cannot reach agreement does not violate due process or equal protection right, nor does it invalidly delegate legislative authority to a private party.
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