William Dal Porto & Sons, Inc. v. Agricultural Labor Relations Board

In William Dal Porto & Sons, Inc. v. Agricultural Labor Relations Bd. (1984) 163 Cal.App.3d 541 [ 210 Cal.Rptr. 241 ] (Dal Porto I) we affirmed the Agricultural Labor Relations Board’s (Board) finding that Dal Porto committed unfair labor practices in violation of section 1153, subdivisions (a) and (e), of the Agricultural Labor Relations Act of 1975 (hereafter ALRA) (Lab. Code, § 1140 et seq.) by bargaining in bad faith with regard to issues of union security and by unilaterally raising wages of certain employees. However, we annulled the Board’s finding that Dal Porto bargained in bad faith on the issue whether any successor of Dal Porto would be bound by a collective bargaining agreement signed by Dal Porto. (Id., at p. 563.)

Declining to assume the Board would impose the same remedy for two violations of the ALRA that it did for three, we annulled the Board’s order for “make-whole” relief and remanded to the Board for formulation of a new remedial order. (Ibid.)

Following our remand, the Board reevaluated the evidence in the proceeding and concluded its order of make-whole relief remained warranted under the narrower finding of bad faith bargaining affirmed by this…