Merrill Farms v. Agricultural Labor Relations Bd.

Merrill Farms petitioned for review of an Agricultural Labor Relations Board (ALRB) order finding that it had committed unfair labor practices by making threats which interfered with, restrained, and coerced Merrill Farms employees in the exercise of their rights under the Agricultural Labor Relations Act (ALRA). (Lab. Code, §§ 1140-1166.3.) 1

Merrill Farms is an agricultural employer subject to the provisions of the ALRA. It is principally engaged in the growing of lettuce, asparagus, broccoli and other vegetables. The alleged unfair labor practices arose out of statements made by a foreman employed by Merrill Farms, prior to an election to determine if the real party, United Farm Workers of America (UFW) would be certified as the bargaining agent for Merrill Farms’ employees.

An election to choose whether to be represented by the UFW was conducted among the employees of Merrill Farms on August 25, 1978. *180 The UFW failed to receive sufficient votes to be certified as the bargaining representative of Merrill Farms’ employees. Subsequently, on September 26, 1978, the ALRB issued a complaint based on four charges of unfair labor practices filed by the UFW. On February…

I respectfully dissent.

I find that I am unable to agree with the result reached by my colleagues; my view is that the Agricultural Labor Relations Board’s (hereafter Board) order is entitled to enforcement. There is no argument but that Labor Code section 1160.8 is a legislative command that all are bound to obey in our review of the Board’s set aside petitions. The findings of the Board are conclusive if supported by substantial evidence. (See maj. opn., ante, p. 181.) Our Supreme Court decided in Tex-Cal Management, Inc. v. Agricultural Labor Relations Bd. (1979) 24 Cal.3d 335, 346 [ 156 Cal.Rptr. 1 , 595 P.2d 579 ], that the legislative mandate embodied in section 1160.8 passes constitutional (California) muster. Manifestly if the standard for judicial review of Board decisions is “substantial evidence,” review utilizing the standard “independent judgment” as to the weight of the evidence is prohibited.

The majority’s erudite opinion illustrates that the distinction between the respective standards of review when practically applied become illusory if not nonexistent. Particularly is this apparently the case when, as herein, in applying the “substantial evidence” standard…

Marco E. Lopez, Carlos M. Alcala, Francis E. Fernandez, Carmen S. Flores, Federico G. Chavez, Ellen J. Eggers, Dianna Lyons and Daniel A. Garcia for Real Party in Interest.

OPINION

SCOTT, J.

Merrill Farms petitioned for review of an Agricultural Labor Relations Board (ALRB) order finding that it had committed unfair labor practices by making threats which interfered with, restrained, and coerced Merrill Farms employees in the exercise of their rights under the Agricultural Labor Relations Act (ALRA). (Lab. Code, §§ 1140-1166.3.) [1]

Merrill Farms is an agricultural employer subject to the provisions of the ALRA. It is principally engaged in the growing of lettuce, asparagus, broccoli and other vegetables. The alleged unfair labor practices arose out of statements made by a foreman employed by Merrill Farms, prior to an election to determine if the real party, United Farm Workers of America (UFW) would be certified as the bargaining agent for Merrill Farms' employees.

An election to choose whether to be represented by the UFW was conducted among the employees of Merrill Farms on August 25, 1978. The UFW failed to receive sufficient votes to be certified as the bargaining…