California Manufacturers Ass'n v. Industrial Welfare Commision

I dissent.

I agree with several of appellant’s contentions each of which invalidates the commission’s orders.

Statement of Basis

Labor Code section 1177 mandates: “Each order of the commission shall include a statement as to the basis upon which the order is predicated . . . . ” As the majority note, the Supreme Court in California Hotel & Motel Assn. v. Industrial Welfare Com. (1979) 25 Cal.3d 200, 210-211 [ 157 Cal.Rptr. 840 , 599 P.2d 31 ], pointed out several functions to be served by the statement of basis, including facilitating meaningful judicial review of agency action; enabling more informed scrutiny by the Legislature and the public of the agency, its decision-making processes and its decisions; and inducing agency action that is reasonable, rather than arbitrary, capricious or lacking in evidentiary support. To perform these functions the statement of basis “must show that the order adopted is reasonably supported by the material gathered by or presented to the commission—through its own investigations, the wage *128 board proceedings, and the public hearings—and is reasonably related to the purposes of the enabling statute.” (California Hotel & Motel Assn. v.…

The California Manufacturers Association (association), representing more than 500 private employers, appeals from a judgment denying association’s petition for a writ of mandate by which it sought to invalidate four orders of the Industrial Welfare Commission (commission). The challenged orders regulate the wages, hours, and conditions of employment in the following industries: Order 1-76 regulates the manufacturing industry; order 3-76 regulates the canning, freezing, and preserving industry; order 4-76 regulates professional, technical, *103 clerical, mechanical, and similar occupations; and order 8-76 regulates industries handling products after harvest.

The association seeks to invalidate the aforesaid orders, contending that: (1) the commission failed to conduct the investigation required by Labor Code section 1178 prior to establishing the wage boards; (2) the orders do not include adequate statements of basis as required by Labor Code section 1177; (3) the orders are preempted by the National Labor Relations Act and federal labor law, except as to minimum wages; (4) the commission failed to consult with California Occupational Safety and Health Standards Board…

The California Manufacturers Association (association), representing more than 500 private employers, appeals from a judgment denying association's petition for a writ of mandate by which it sought to invalidate four orders of the Industrial Welfare Commission (commission). The challenged orders regulate the wages, hours, and conditions of employment in the following industries: Order 1-76 regulates the manufacturing industry; order 3-76 regulates the canning, freezing, and preserving industry; order 4-76 regulates professional, technical, clerical, mechanical, and similar occupations; and order 8-76 regulates industries handling products after harvest.

The association seeks to invalidate the aforesaid orders, contending that: (1) the commission failed to conduct the investigation required by Labor Code section 1178 prior to establishing the wage boards; (2) the orders do not include adequate statements of basis as required by Labor Code section 1177; (3) the orders are preempted by the National Labor Relations Act and federal labor law, except as to minimum wages; (4) the commission failed to consult with California Occupational Safety and Health Standards…