Bertuccio

Paul W. Bertuccio, an individual produce grower doing business as Bertuccio Farms, has petitioned for review of four decisions and orders of the Agricultural Labor Relations Board (Board). The petitions (in our proceedings H000334, H000351, H000352, and H000302) raise multiple issues. Because all of them arise out of an essentially continuous series of events, involving a single grower, we have considered them together. We conclude that one of the Board’s decisions (our proceeding H000352) should be affirmed, one (our proceeding H000302) must be annulled, and two (our proceedings H000334 and H000351) must be remanded to the Board for further consideration of specified issues.

Bertuccio has been in business in San Benito County for many years. United Farm Workers of America (UFW), AFL-CIO, was designated the collective bargaining representative for workers at Bertuccio Farms at a representation election in October 1977. In November 1978 the Board dismissed Bertuccio’s objections, upheld the election, and certified the UFW. In December 1978 the UFW formally demanded that Bertuccio bargain collectively.

For three and a half years, from January 1979 until July 1982, the…