National Labor Relations Board v. Design Sciences, a Division of Jacobs Engineering Co.

The National Labor Relations Board (board) seeks enforcement of an order to bargain, issued after the board held an election and certified the winner as bargaining representative for certain employees of Design Sciences. Design Sciences refused to bargain, claiming that the employees are “agricultural laborers” and, as such, are beyond the jurisdiction of the board under § 2(3) of the National Labor Relations Act ( 29 U.S.C. § 152 (3)). We enforce the order.

Because of geographical circumstances, farm land in the Imperial Valley of California is watered almost wholly through irrigation. It is therefore necessary that the land be carefully graded or sloped, so that gravity will carry the water to all areas under cultivation. Further, because of a high water table, Imperial Valley farms require subsurface drainage tiles or conduits.

Design Sciences is in the business of designing these grading and drainage operations on a contract basis. It employs surveyors who do 80% of their work on farms. In connection with the grading, the surveyors stake the fields and then indicate (on maps and on the stakes) the amount which the ground level at each spot must be raised or lowered. In…