Agricultural Labor Relations Board v. Superior Court

The Agricultural Labor Relations Board (ALRB) petitions for a writ of mandate after the superior court stayed ALRB administrative proceedings seeking to impose derivative liability on Mario Saikhon, the Saikhon Family Trust dated June 3, 1988, and its trustees. We conclude the derivative liability proceedings are properly before the ALRB and should not have been stayed by the superior court. Accordingly we grant the petition.

Factual and Procedural Background

The United Farm Workers of America, AFL-CIO (Union) filed a series of unfair labor practice charges against Mario Saikhon, Inc. (Company) beginning in 1979. Ultimately the ALRB found the Company liable for several million dollars in backpay to its workers. After review was denied or dismissed in this court and the Company failed to pay, the ALRB initiated compliance proceedings, including hearings on derivative liability directed toward Mario Saikhon as an individual, him and his wife Dora Saikhon as trustees of the Saikhon Family Trust, and the trust itself (collectively Trust).

On February 3, 1993, Trust petitioned for a writ of mandate in superior court seeking to halt the ALRB proceedings as in excess of…