United Farm Wkrs. of America v. Agricultural Labor Rel. Bd.
Opinion
Opinion
Bamattre-Manoukian, J.
In one of several matters involving San Benito County grower Paul W. Bertuccio, the Agricultural Labor Relations Board (the Board) found Bertuccio guilty of refusal to bargain in violation of the Agricultural Labor Relations Act (the ALRA) and ordered (among other things) that he make whole his employees for economic losses caused by the refusal. (Paul W. Bertuccio (Dec. 29, 1982) 8 ALRB No. 101 as modified in Paul W. Bertuccio (Oct. 24, 1983) 9 ALRB No. 61.)
We affirmed the decision and order in most respects but remanded the matter to the Board with directions to set aside its first make-whole order, to reconsider the make-whole issues in light of William Dal Porto & Sons, Inc. v. Agricultural Labor Relations Bd. (1987) 191 Cal.App.3d 1195 [ 237 Cal.Rptr. 206 ] (Dal Porto II), and, if it determined that make-whole should be ordered, to make such new make-whole order as it found to be appropriate. (Bertuccio v. Agricultural Labor Relations Bd. (1988) 202 Cal.App.3d 1369, 1404-1405 [ 249 Cal.Rptr. 473 ] [Bertuccio I].)
On remand the Board considered new evidence in light of Dal Porto II and concluded, in its decision in Paul W. Bertuccio (Nov. 27, 1991) 17 ALRB No. 16,…