San Joaquin Tomato Growers v. Agric. Labor Rel. Bd. CA5

BACKGROUND

San Joaquin contracts with growers to grow and harvest fresh market round green tomatoes on the growers’ properties. San Joaquin and the growers coordinate the harvest and San Joaquin packs and markets the tomatoes. San Joaquin employs a labor contractor to provide the agricultural employees who harvest the tomatoes. The harvest begins in late June to early July and concludes in approximately late October to early November of each year. In August 1989, the San Joaquin agricultural employees voted in favor of UFW representation. San Joaquin filed objections to the election and an evidentiary hearing was held in August 1991. Following the investigating hearing examiner’s decision in August 1992, the UFW was certified as the collective bargaining representative of all San Joaquin agricultural employees on May 3, 1993.

2. By letter dated June 14, 1993, the UFW requested negotiations with San Joaquin. On July 12, 1993, San Joaquin informed the UFW that it was declining the bargaining request in order to obtain judicial review of the certification. In August 1994, the ALRB found that San Joaquin’s “technical” refusal to bargain was conducted in bad faith. The ALRB ordered…