Jasmine Vineyards, Inc. v. Agricultural Labor Relations Board

Statement of the Case

Petitioner, Jasmine Vineyards, Inc. (Jasmine), an agricultural employer, seeks review of a final order of the Agricultural Labor Relations Board (Board) finding Jasmine guilty of unfair labor practices and ordering certain remedies.

The Board found that during an organizing campaign preceding an anticipated representational election Jasmine had (1) discriminated against the United Farm Workers (UFW) and in favor of the Teamsters Union in enforcing a no-solicitation policy; (2) solicited employees to sign Teamster authorization cards; and (3) made threats against em *973 ployees if they should join the UFW or if the UFW should win the impending election.

The Board ordered Jasmine to cease and desist from engaging in the unfair labor practices and to take certain affirmative action, including allowing UFW organizers to take access during the next organization campaign in which the UFW filed a notice of intent to take access without restriction as to the number of organizers, and to post, mail and read to employees, in appropriate languages, a specified notice advising employees of the outcome of the case and of their rights under the Agricultural…

I agree that the evidence is sufficient to support the Board’s conclusions regarding the unfair labor practices.

I concur in the result reached by the principal opinion with regard to ■the remedies imposed by paragraphs 1 (cease and desist order), 2(a) (expanded access), 2(b) (supplying payroll lists), 2(c) (posting notices), 2(d) (mailing copies of notice), and 2(f) (notification of steps taken to comply) of the revised order, with the qualifications set forth below.

*984 I concur with paragraph 2(e) of the remedial order insofar as it requires a reading of the notice on company time to employees who were employed during the period when the unfair labor practice occurred.

I dissent from that part of paragraph 2(e) which requires the employer to pay for the time of persons assembled for a meeting during which the notice is to be read who were not employees at the time the unfair labor practices occurred and insofar as that paragraph requires the employer to pay all employees for the time it takes for a question and answer period after the reading of the notice.

The qualifications to my concurrence are these: First, the principal opinion in approving the remedies ordered quotes…

Jerome Cohen, Sanford N. Nathan, Tom Dalzell, Deborah W. Peyton, W. Daniel Boone, Glenn Rothner, E. Michael Heumann II, Linton Joaquin, Ellen Greenstone, George C. Lazar, Dianna Lyons, James Rutkowski, Kirsten L. Zerger, Marco E. Lopez, Carlos M. Alcalos, Francis E. Fernandez and Carmen C. Flores for Real Party in Interest.

OPINION

FRANSON, J. —

Petitioner, Jasmine Vineyards, Inc. (Jasmine), an agricultural employer, seeks review of a final order of the Agricultural Labor Relations Board (Board) finding Jasmine guilty of unfair labor practices and ordering certain remedies.

The Board found that during an organizing campaign preceding an anticipated representational election Jasmine had (1) discriminated against the United Farm Workers (UFW) and in favor of the Teamsters Union in enforcing a no-solicitation policy; (2) solicited employees to sign Teamster authorization cards; and (3) made threats against employees if they should join the UFW or if the UFW should win the impending election.

The Board ordered Jasmine to cease and desist from engaging in the unfair labor practices and to take certain affirmative action, including allowing UFW organizers to take access during the…