Agricultural Labor Relations Board v. Superior Court

Petitioner Agricultural Labor Relations Board (ALRB or Board) seeks a writ of mandate directing respondent superior court to vacate an order which, in effect, voids the certification of real party in interest United Farm Workers of America, AFL-CIO (UFW) as the exclusive collective bargaining representative of all agricultural employees of real party in interest Gallo Vineyards, Inc. (Gallo) in Sonoma County and the election upon which the certification was based.

The narrow issue presented is whether respondent court’s order was within its jurisdiction. We will conclude it was not and will grant the requested relief.

Factual and Procedural Background

The Certification Petition and Election

Gallo raises varietal wine grapes on five ranches in Sonoma County. On July 18, 1994, the UFW filed a petition with ALRB pursuant to Labor Code section 1156.3 for certification of the UFW as exclusive bargaining representative of Gallo’s Sonoma County agricultural employees. Two days later, Gallo requested the ALRB to dismiss the petition because its then current work force was less than 50 percent of the anticipated peak employment for the calendar year 1994, which Gallo predicted…