Alrb
Coastal Berry Co. v. Agricultural Labor Relations Board
Opinion
Opinion
Elia, J.
Hundreds of workers at Coastal Berry Company believed their employer was pressuring them to accept the United Farm Workers union (UFW). They reacted by engaging in a protest and work stoppage, after which Coastal Berry discharged or refused to rehire 12 of them, including the 7 real parties in interest. The Agricultural Labor Relations Board (ALRB or Board) found that these terminations constituted an unfair labor practice within the meaning of Labor Code section 1153, subdivision (a), of the Agricultural Labor Relations Act (ALRA or Act).
Coastal Berry petitions for review, contending that the Board erred in directing it to reinstate real parties in interest and awarding them backpay, because the protesters had engaged in unprotected activity and serious strike misconduct, thereby justifying their termination. We find error in the Board’s evaluation of the evidence and therefore set aside the order.
Background
Coastal Berry is a large strawberry producer with operations in different counties of California. When the company was acquired in 1997 by David Gladstone, the UFW was conducting a campaign to organize Coastal Berry workers. The company had a neutrality…