Scheid Vineyards & Management Co. v. Agricultural Labor Relations Board

seeks review of the decision and order of the Agricultural Labor Relations Board (ALRB) in this technical refusal to bargain case. ALRB found that Scheid committed an unfair labor practice in violation of Labor Code section 1153, subdivision (e) by refusing to bargain with the United Farm Workers of America, AFL-CIO (UFW), which had been properly certified in a 1992 election as the representative of Scheid’s agricultural employees. The ALRB ordered Scheid to meet and bargain in good faith with the UFW and to make its employees whole for economic losses resulting from Scheid’s failure to bargain. The following issues are presented by Scheid’s petition for review: (1) whether ALRB’s regional director failed to comply with the requirements of Labor Code section 1156.4; (2) whether Scheid made a prima facie showing in its petition objecting to the election, which would have required the ALRB to grant Scheid a hearing; and (3) whether any of Scheid’s arguments present “novel legal theories” which would make application of the makewhole remedy inappropriate?

Summary of Facts

On February 19, 1992, the UFW filed a representation petition on Scheid. The petition alleged, inter…