Tri-Fanucchi Farms v. Agricultural Labor Rel. Bd.

Filed 5/14/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

TRI-FANUCCHI FARMS,

F069419

Petitioner, (40 ALRB No. 4) v.

AGRICULTURAL LABOR RELATIONS

BOARD,

Respondent; OPINION

UNITED FARM WORKERS OF AMERICA,

Real Party in Interest.

ORIGINAL PROCEEDING; petition for writ of review. Sagaser, Watkins & Wieland, Howard A. Sagaser, William M. Woolman and Ian B. Wieland for Petitioner. J. Antonio Barbosa, Paul M. Starkey and Scott P. Inciardi for Respondent. Mario Martinez, Thomas P. Lynch and Edgar I. Aguilasocho for Real Party in Interest. -ooOoo- Tri-Fanucchi Farms (Fanucchi) is an agricultural employer conducting farming operations in Kern County. In 1977, Fanucchi’s agricultural employees elected the United Farm Workers union (UFW) to be their exclusive bargaining representative. However, for reasons UFW has not explained, no bargaining occurred between 1988 and 2012, a period of 24 years. In 2012, UFW contacted Fanucchi and requested the recommencement of bargaining. Fanucchi refused to bargain with UFW on the ground that, because of the 24-year hiatus, UFW had abandoned…