Joe A. Freitas & Sons v. Food Packers, Processors & Warehousemen Local 865

Joe A. Freitas & Sons (Employer) appeals from a judgment confirming an arbitration award. (Code Civ. Proc., § 1294, subd. (d).) We reverse the judgment.

The crucial issue is whether the collective bargaining agreement between Employer and Food Packers, Processors and Warehousemen Local 865, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (Local 865) was void, or valid but voidable at the time the arbitration award was rendered. We find the collective bargaining agreement was void because Local 865 was never certified by the Agricultural Labor Relations Board to represent agricultural employees (Lab. Code, §§ 1153, subd. (f), 1159).

Facts

Employer has been in the agricultural business of growing lettuce and cabbage in the Santa Maria area since 1949. On July 8, 1981, Employer fired a five-man loading crew (Loaders) because of a series of disagreements with Loaders involving their refusal to perform assigned duties and their use of friends, not on the company payroll, as helpers. One of these helpers, Guadalupe Reyes, shot Joe Freitas, Jr. Because of the perceived hostility of Loaders, and their relationship through friendship and…