George Arakelian Farms, Inc. v. Agricultural Labor Relations Board

George Arakelian Farms, Inc. (Arakelian) seeks review of a decision of the Agricultural Labor Relations Board (ALRB or board) which, on remand by the Court of Appeal following our decision in J.R. Norton Co. v. Agricultural Labor Relations Bd. (1979) 26 Cal.3d 1 [ 160 Cal. Rptr. 710 , 603 P.2d 1306 ], imposed make-whole relief for losses suffered by its employees as a result of Arakelian's refusal to bargain with the United Farm Workers (UFW), the employees' elected and certified representative.

Two of the issues originally presented by this case were resolved in Norton — (1) whether Labor Code section 1156.3, subdivision (c), mandates a full evidentiary hearing for all objections to an election, and (2) under what circumstances Labor Code section 1160.3 authorizes the board to impose the make-whole remedy when an employer refuses to bargain in order to obtain judicial review of the board's action dismissing a challenge to an election certification.

Here we are asked to determine (1) whether the summary dismissal of some of the objections for failure to set forth a prima facie claim was an abuse of discretion, and (2) whether, on remand, the board…

I respectfully dissent. The majority upholds the Agricultural Labor Relations Board’s (Board) award of “make-whole” relief, based upon its conclusion that petitioner’s refusal to bargain was not premised on a reasonable belief that it had a meritorious challenge to the integrity of the election which purportedly certified the United Farm Workers (UFW) as the employees’ bargaining representative. My review of the record indicates otherwise.

Rather than prolong this opinion with a factual recital of little interest or legal significance to anyone other than the parties hereto, I simply adopt that portion of Justice Kaufman’s now vacated opinion for the Court of Appeal, Fourth Appellate District, in this case which correctly disposed of the point:

In addition to Justice Kaufman’s analysis, I observe that, as a practical matter, assessment of the make-whole remedy at this late date (the contested election was held in 1976) could potentially ruin Arakelian, yet much of the delay in adjudicating the issue was not attributable to that party. Under these unusual circumstances, strict application of the remedy should be excused or ameliorated.

For the foregoing reasons, I would annul…

George Arakelian Farms, Inc. (Arakelian) seeks review of a decision of the Agricultural Labor Relations Board (ALRB or board) which, on remand by the Court of Appeal following our decision in J. R. Norton Co. v. Agricultural Labor Relations Bd. (1979) 26 Cal.3d 1 [ 160 Cal.Rptr. 710 , 603 P.2d 1306 ], imposed make-whole relief for losses suffered by its employees as a result of Arakelian’s refusal to bargain with the United Farm Workers (UFW), the employees’ elected and certified representative.

Two of the issues originally presented by this case were resolved in Norton—{ 1) whether Labor Code section 1156.3, subdivision (c), mandates a full evidentiary hearing for all objections to an election, and (2) under what circumstances Labor Code section 1160.3 authorizes the board to impose the make-whole remedy when an employer refuses to bargain in order to obtain judicial review of the board’s action dismissing a challenge to an election certification.

Here we are asked to determine (1) whether the summary dismissal of some of the objections for failure to set forth a prima facie claim was an abuse of discretion, and (2) whether, on remand, the board correctly applied the…