United Farm Workers of America v. Agricultural Lab
In 2013, the Agricultural Labor Relations Board (Board) ordered an election to decide whether to decertify an incumbent union (the United Farm Workers of America or UFW) based on an employee petition. Following the election, the Board impounded the ballots without tallying them pending resolution of whether misconduct by the employer, Gerawan Farming, Inc. (Gerawan), tainted the employees’ decertification effort. Administrative proceedings were held and the Board nullified the election as a remedy for Gerawan’s purported unfair labor practices. By petition for review under Labor Code section 1160.8, Gerawan challenged both the Board’s unfair labor practice findings and the remedy imposed of setting aside the election. In Gerawan Farming, Inc. v. Agricultural Labor Relations Bd. (2018) 23 Cal.App.5th 1129 (Gerawan), we concluded the Board erred in several of its unfair labor practice findings as well as in the legal standard applied in reaching its remedial conclusions. Accordingl
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