Frudden Enterprises, Inc. v. Agricultural Labor Relations Board

I respectfully dissent. While I agree that Evidence Code section 1200 is applicable to unfair labor practice proceedings conducted by the Board pursuant to section 1160.2, I cannot agree that Evidence Code section 353 is applicable to this court’s review of a Board decision pursuant to Labor Code section 1160.8. The majority has equated the standard of review afforded by this court to a decision of the Board to that accorded by this court to a decision of a lower court on appeal.

The Board is not a court; it is an administrative agency charged with the administration of this State’s agricultural labor laws (Lab. Code, § 1140 et seq.; Agricultural Labor Relations Bd. v. Superior Court (1976) 16 Cal.3d 392, 399-400 [ 128 Cal.Rptr. 183 , 546 P.2d 687 ]; Shepard v. N.L.R.B. (1983) 459 U.S. 344, 351 [ 74 L.Ed.2d 523, 529 , 103 S.Ct. 665, 670 ]). The inapplicability of Evidence Code section 353 to our review of Board decisions under section 1160.8 is illustrated by the statute’s requirement that the reviewing court take the additional step of determining whether the “error or errors complained of resulted in a miscarriage of justice” (Evid. Code, § 353, subd. (b)), 1 a procedure not…

Dianna Lyons, Federico G. Chavez, Daniel A. Garcia, Ellen J. Eggers, Ira Gottlieb and Wendy Sones for Real Party in Interest.

OPINION

POCHE, J.

Frudden Enterprises, Inc. (Frudden), an agricultural employer within the meaning of Labor Code section 1140.4 subdivision (c), [1] seeks review of a decision of the Agricultural Labor Relations Board (Board) issued in a backpay proceeding. That decision, which followed a finding that Frudden had committed an unfair labor practice, requires Frudden to pay three brothers, Noe, Francisco and Alejandro Garibay the sums of $5,136.51, $3,563.76 and $4,741.26 respectively, with interest compounded at the rate of seven percent per annum, plus such additional backpay and any interest which had accrued as of the date Frudden offered to reinstate them. We granted review in this matter to consider: (1) whether the rules of evidence applicable to California judicial tribunals are binding on the Board in an unfair labor practice proceeding, which according to statute "shall, so far as practicable, be conducted in accordance with the Evidence Code" (§ 1160.2); and, (2) whether uncorroborated hearsay evidence received without objection may constitute…

Frudden Enterprises, Inc. (Frudden), an agricultural employer within the meaning of Labor Code section 1140.4 subdivision (c), 1 seeks *266 review of a decision of the Agricultural Labor Relations Board (Board) issued in a backpay proceeding. That decision, which followed a finding that Frudden had committed an unfair labor practice, requires Frudden to pay three brothers, Noe, Francisco and Alejandro Garibay the sums of $5,136.51, $3,563.76 and $4,741.26 respectively, with interest compounded at the rate of seven percent per annum, plus such additional backpay and any interest which had accrued as of the date Frudden offered to reinstate them. We granted review in this matter to consider: (1) whether the rules of evidence applicable to California judicial tribunals are binding on the Board in an unfair labor practice proceeding, which according to statute “shall, so far as practicable, be conducted in accordance with the Evidence Code” (§ 1160.2); and, (2) whether uncorroborated hearsay evidence received without objection may constitute “substantial evidence” in support of a finding of the Board within the meaning of section 1160.8.

In September of 1975, the three…