Agricultural Labor Relations Board v. Superior Court of Sacramento County

Under the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Lab. Code, § 1140; the Act), the Agricultural Labor Relations Board (§ 1141 et seq.; the board) adjudicates administrative complaints of unfair labor practices committed by agricultural employers, labor organizations, and their agents. (§§ 1153-1155.7, 1160-1160.3.) The board’s general counsel (general counsel) serves as the prosecutor in those administrative proceedings, with “final authority, on behalf of the board, with respect to the investigation of charges and issuance of complaints [for unfair labor practices], and with respect to the prosecution of such complaints before the board.” (§ 1149.) In one area, however, the Act conveys a prosecutorial power with respect to unfair labor practices upon the board, rather than upon general counsel; namely, the power to seek injunctive relief in a superior court. (§ 1160.4.)

For some period of time before March 2015, the board had delegated plenary authority to seek injunctive relief under section 1160.4 to general counsel. In March 2015, the board decided to change that delegation by requiring general counsel to obtain case-specific…