Beltran
Beltran v. State of Cal.
Opinion
Opinion
Irving, J.
MEMORANDUM DECISION AND ORDER
Presently before the court are cross-motions for summary judgment on the issue of the constitutionality of § 1153(c) of the California Labor Code. Plaintiffs, agricultural workers for Sun Harvest, Inc., contend that this section violates their first amendment free speech and associational rights, and has a disparate impact upon them, as persons of Mexican-American or hispanic origin. Defendants and the California Agricultural Labor Relations Board (ALRB) as amicus curiae, contend there is no constitutional violation and request judgment on this issue in favor of defendants. Having considered the pleadings and exhibits on file, the arguments of counsel, and for the reasons stated below, the court finds § 1153(c) of the California Labor Code unconstitutional as an abridgment of the first amendment to the United States Constitution.
I.
The statutory background and facts as stipulated to by counsel are summarized below.
A.
In amending the National Labor Relations Act (NLRA) in 1947, Congress specifically excluded “agricultural laborers” from the provisions of the Act, and left this area of labor relations to the states. See 29 U.S.C. § 152 (3). Until…