Yamada Bros. v. Agricultural Labor Relations Board

*116 Opinion

Yamada Brothers appeals from a judgment of dismissal after the superior court sustained the demurrers of the Agricultural Labor Relations Board (ALRB) and real party in interest, United Farm Workers of America (UFW), to Yamada’s petition for writ of mandamus. At issue is whether an employer may seek judicial review by way of mandamus of an ALRB order extending the certification of a labor union. (Lab. Code, § 1155.2, subd. (b); all statutory references hereafter are to the Labor Code unless otherwise indicated.)

Facts

On December 1, 1975, following a representation election conducted under the auspices of the California Agricultural Labor Relations Act (ALRA) § 1140 et seq.), UFW was certified as the collective bargaining representative for certain of the workers hired by Yamada (appellant). Contract negotiations between appellant and UFW began shortly thereafter and continued without resolution. On September 28, 1976, UFW filed with the ALRB an unsworn petition composed of hearsay allegations that appellant had failed to bargain in good faith, and requested the board to extend the union’s certification until December 1, 1977. 1 (§ 1155.2, subd. (b).) 2 Appellant…