Maggio

Carl Maggio, doing business as Maggio Farms, seeks a writ of review of an Agricultural Labor Relations Board (ALRB or Board) decision holding the United Farm Workers of America (UFW or Union) had bargained in bad faith during the period January 1, 1982, through October 29, 1984. Maggio contends the Board erred in failing to order the Union to pay Maggio employees for losses resulting from the bad faith bargaining; failed to award Maggio an amount for costs it incurred negotiating and litigating; and Maggio also asks the court to find the ALRB erred in not basing its refusal-to-bargain finding on additional grounds.

I

Between January 1982 and October 1984 Maggio grew and harvested crops in the Imperial Valley and harvested in the Salinas Valley. From the summer of 1977 through January 1979, the UFW had a collective bargaining agreement with Maggio. Negotiations on renewal of the agreement broke off in February 1979. During the 34 months between January 1982 and October 1984, the UFW and Maggio held 16 negotiation sessions. The UFW cancelled seven and Maggio cancelled one. There were five extended periods when no meetings were held. The ALRB found: “[T]he UFW was…