George Arakelian Farms, Inc. v. Agricultural Labor Relations Board

For the second time in four years we consider the case of petitioner George Arakelian Farms, Inc. (hereafter Arakelian). In 1985 we affirmed an order of respondent Agricultural Labor Relations Board (hereafter Board) directing Arakelian to make its employees whole for certain violations of the Agricultural Labor Relations Act. (George Arakelian Farms, Inc. v. Agricultural Labor Relations Bd. (1985) 40 Cal.3d 654 [ 221 Cal.Rptr. 488 , 710 P.2d 288 ] (Arakelian I).) Now, because of a 1987 appellate decision that assertedly affects the presumptions and burdens of persuasion in these proceedings, Arakelian has petitioned the Board for reconsideration of its order directing make-whole relief. We granted review to determine whether the Board may reopen the case and consider vacating its order without violating our decree in Arakelian I. We hold that although *1286 the Board should be extremely reluctant to reopen such proceedings after this court’s order, it may nonetheless do so in a case that is not yet final when there has been an intervening change in the controlling rules of law. We conclude, however, that because there has been no relevant change in the law affecting the…

I concur in the reversal with directions. However, in my view, the Agricultural Labor Relations Board (hereafter Board) lacked *1296 jurisdiction to reconsider our decree in George Arakelian Farms, Inc. v. Agricultural Labor Relations Bd. (1985) 40 Cal.3d 654 [ 221 Cal.Rptr. 488 , 710 P.2d 288 ] (hereafter Arakelian I), and therefore it was not necessary for us in th(s case to consider the applicability of the doctrine of law of the case and any exception to it. The majority opinion fails to adequately evaluate the nature of our order in Arakelian I in the context of the statutory authority granted to the Board. As I shall explain, we did not remand the matter to the Board for further consideration; by a complete affirmance, we decided 1 the issue.

In Arakelian I, we concluded: (1) the Board’s certification of the United Farm Workers (hereafter UFW) as the exclusive representative of Arakelian’s employees was valid, (2) the Board properly determined that Arakelian’s refusal to bargain constituted an unfair labor practice, and (3) the Board’s reimposition of make-whole relief following remand should be upheld. (40 Cal. 3d at pp. 663, 668.) Our opinion, as well as its remittitur,…

I respectfully dissent. In my view the court misconstrues and unduly limits the controlling principle announced in William Dal Porto & Sons, Inc. v. Agricultural Labor Relations Bd. (1987) 191 Cal.App.3d 1195 [ 237 Cal.Rptr. 206 ] (hereafter Dal Porto).

As a consequence, the employer here and those in all future cases stemming from technical refusals to bargain, are subjected to the formidable liability of make-whole relief without a hearing on an essential element of liability, and thus, without due process.

The essence of Dal Porto, drawn from Labor Code section 1160.3 and fortified by federal precedent under the National Labor Relations Act, on which California law is modeled (Dal Porto, supra, 191 Cal.App.3d at p. 1205 ), is that the Agricultural Labor Relations Board (hereafter Board) may not award make-whole relief without first finding after hearing that the parties would have entered into a collective bargaining agreement providing for higher pay but for the employer’s unlawful refusal to bargain. (Ibid.) And, because the statute requires that the loss of pay must be one “resulting from the employer’s refusal to bargain,” the employer’s refusal to bargain must be found…

Lyons, Schneider, Camacho, Macri-Ortiz, Dunphy & Viarnes, Lyons, Macri-Ortiz, Schneider, Dunphy & Camacho, Silvia B. Viarnes and Dianna Lyons for Real Party in Interest.

OPINION

MOSK, J.

For the second time in four years we consider the case of petitioner George Arakelian Farms, Inc. (hereafter Arakelian). In 1985 we affirmed an order of respondent Agricultural Labor Relations Board (hereafter Board) directing Arakelian to make its employees whole for certain violations of the Agricultural Labor Relations Act. ( George Arakelian Farms, Inc. v. Agricultural Labor Relations Bd. (1985) 40 Cal.3d 654 [ 221 Cal. Rptr. 488 , 710 P.2d 288 ] ( Arakelian I ).) Now, because of a 1987 appellate decision that assertedly affects the presumptions and burdens of persuasion in these proceedings, Arakelian has petitioned the Board for reconsideration of its order directing make-whole relief. We granted review to determine whether the Board may reopen the case and consider vacating its order without violating our decree in Arakelian I. We hold that although the Board should be extremely reluctant to reopen such proceedings after this court's order, it may nonetheless do so in a case that is not…