Laflin & Laflin v. AGRICULTURAL LABOR REL. BD.

Laflin & Laflin aka Laflin Date Gardens (petitioner or Laflin) seeks statutory review of a final order of the Agricultural Labor Relations Board (ALRB or Board) determining that petitioner committed an unfair labor practice by partially failing to comply with ALRB’s “pre-petition employee list” regulation (Cal. Admin. Code, tit. 8, §§ 20910 and 20310, subd. (a)(2)) and ordering petitioner to take specified affirmative action. (All statutory references are to sections of the Labor Code unless otherwise specified; the Agricultural Labor Relations Act as codified will be referred to as ALRA.)

This court filed its decision in this matter initially on October 12, 1983. However, hearing was granted by the California Supreme Court and, ultimately, the matter was retransferred to this court for decision in light of Carian v. Agricultural Labor Relations Bd. (1984) 36 Cal.3d 654 [ 205 Cal.Rptr. 657 , 685 P.2d 701 ], The matter is therefore again before us for decision.

Facts

Petitioner is an agricultural employer primarily engaged in date farming and to a lesser extent grape and citrus growing. Petitioner employs a small permanent work force but utilizes a considerably larger…