United Farm Workers v. Agricultural Labor Relations Board

Good Law

1995 Cal. App. LEXIS 1258·41 Cal. App. 4th 303·48 Cal. Rptr. 2d 696·95 Daily Journal DAR 17045·95 Cal. Daily Op. Serv. 9805

Court of Appeal of CaliforniaDecember 21, 1995Docket Nos. B080261, B081628California8,441 words

Opinion

Klein, J.

Petitioners United Farm Workers of America, AFL-CIO (the UFW) and interveners Father Joseph Tobin (Father Tobin), Mytyl Glomboske (Glomboske) and Rudolph N. Rico (Rico) (collectively, interveners) seek review of a decision by respondent Agricultural Labor Relations Board (ALRB) finding the UFW had violated Labor Code section 1154, subdivision (d), by conducting an illegal secondary boycott and requiring the UFW to pay compensatory damages to persons injured thereby.

Petitioner California Table Grape Commission (Commission) also seeks review of the ALRB’s decision insofar as it held the UFW did not violate Labor Code section 1154, subdivision (h).

The essential issues presented are the authority of the Commission to file unfair labor practices charges with the ALRB and the ALRB’s authority to award compensatory damages.

Because the Commission was not empowered to file unfair labor practice charges with the ALRB, the decision of the ALRB shall be set aside. We also conclude that even assuming the matter were properly before the ALRB, its decision cannot stand because it lacks jurisdiction to award compensatory damages to persons injured in their business or property by…

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