Abatti Farms, Inc. v. Agricultural Labor Relations Board

I concur with the sound law, reasoning and conclusion expressed by Presiding Justice Brown but would add these further supportive observations.

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Where we are asked to overturn a final order based upon the factual finding of the Agricultural Labor Relations Board (Board) the appeal court’s task commences with the recognition of but one fundamental standard for appellate court review. Our power to review factual findings of the Board is limited. Such findings are “conclusive” if supported by substantial evidence “on the record considered as a whole.” (Lab. Code, § 1160.8; Tex-Cal Land Management, Inc. v. Agricultural Labor Relations Bd. (1979) 24 Cal.3d 335, 343 [ 156 Cal.Rptr. 1 , 595 P.2d 579 ]; Universal Camera Corp. v. Labor Bd. (1951) 340 U.S. 474, 488 [ 95 L.Ed. 456, 467 , 71 S.Ct. 456, 464 ]; N.L.R.B. v. Pacific Grinding Wheel Co., Inc. (9th Cir. 1978) 572.F.2d 1343, 1347; N.L.R.B. v. Warren L. Rose Castings, Inc. (9th Cir. 1978) 587 F.2d 1005, 1008 .) “[I]f there is evidence to support each of two conflicting views, the findings of the Board must be allowed to stand despite the fact that we might have reached the opposite conclusion on our own. [Citations.]”…

I concur with the majority in affirming the Board’s finding of the employer’s wrongful denial of access and the order permitting access. I also concur in the conclusion of the majority there is no evidence of “surveillance” as that term is normally understood. As to the balance of the opinion, I would apply the applicable law to the charges of illegal interrogation and discrimination on an individual basis, carrying out the view that “we are to view the statements in their entirety and consider their total effect on the receiver” (N.L.R.B. v. Four Winds Industries, Inc. (9th Cir. 1976) 530 F.2d 75, 78 ; italics added). The majority, instead, defers to the particular sensitivity of the Board which sits with no more before it than we have—a transcript of testimony before the ALO.

The standard of review is whether the Board’s conclusions are supported by substantial evidence based on the record as a whole (Lab. Code, § 1160.8; Universal Camera Corp. v. Labor Bd. (1951) 340 U.S. 474 [ 95 L.Ed. 456 , 71 S.Ct. 456 ]; Tex-Cal Land Management, Inc. v. Agricultural Labor Relations Bd. (1979) 24 Cal.3d 335 [ 156 Cal.Rptr. 1 , 595 P.2d 579 ]). This review, however, is subject to the…

Abatti Farms, Inc., and Abatti Produce, Inc. (Abatti) petition for writ of review of a final order of the Agricultural Labor Relations Board (Board) pursuant to Labor Code section 1160.8. We have granted review to determine if substantial evidence in the whole record supports all the findings and orders of the Board. (Lab. Code, § 1160.8; Tex-Cal Land Management, Inc. v. Agricultural Labor Relations Bd. (1979) 24 Cal.3d 335, 343-346 [ 156 Cal.Rptr. 1 , 595 P.2d 579 ]; Universal Camera Corp. v. Labor Bd. (1951) 340 U.S. 474, 491 [ 95 L.Ed. 456, 469 , 71 S.Ct. 456 ].)

Abatti is an agricultural employer subject to the provisions of the Agricultural Labor Relations Act (Act), Labor Code section 1140 et seq. Abatti grows about 12 row crops on some 13,500 acres in Imperial County. Three entities manage the business, all owned and controlled by Ben and Tony Abatti, brothers. The enterprise is operated as a family business out of an office in El Centro. The entities are Abatti Farms, Inc., employing the year-round employees or “steadies”—drivers, irrigators, weeding and thinning crew—who maintain the land and crops; Abatti Produce, Inc., which employs seasonal employees to…

Marco E. Lopez, Jerome Cohen, Francis Fernandez, William H. Carder, Carmen Flores, Ellen S. Greenstone, Carlos Alcala, Tom Dalzell and Sanford N. Nathan for Real Party in Interest.

OPINION

BROWN (Gerald), P.J.

Abatti Farms, Inc., and Abatti Produce, Inc. (Abatti) petition for writ of review of a final order of the Agricultural Labor Relations Board (Board) pursuant to Labor Code section 1160.8. We have granted review to determine if substantial evidence in the whole record supports all the findings and orders of the Board. (Lab. Code, § 1160.8; Tex-Cal Land Management, Inc. v. Agricultural Labor Relations Bd. (1979) 24 Cal.3d 335, 343-346 [ 156 Cal. Rptr. 1 , 595 P.2d 579 ]; Universal Camera Corp. v. Labor Bd. (1951) 340 U.S. 474, 491 [ 95 L.Ed. 456, 469 , 71 S.Ct. 456 ].)

Abatti is an agricultural employer subject to the provisions of the Agricultural Labor Relations Act (Act), Labor Code section 1140 et seq. Abatti grows about 12 row crops on some 13,500 acres in Imperial County. Three entities manage the business, all owned and controlled by Ben and Tony Abatti, brothers. The enterprise is operated as a family business out of an office in El Centro. The entities are Abatti…