Superior Farming Co. v. Agricultural Labor Relations Board

Superior Farming Company, Inc. (Superior) petitions for review of a decision of the Agricultural Labor Relations Board (Board) that Superior committed an unfair labor practice in violation of section 1153, subdivision (a), of the Agricultural Labor Relations Act of 1975 (ALRA or Act) (Lab. Code, § 1140 et seq.) 1 by discharging members of a harvesting crew because of their protest against Superior’s wage rates.

Guadalupe Gutierrez Zacarías filed the unfair labor practice charge with the Board on June 12, 1979. Following an investigation, the Board’s Fresno regional director issued a complaint against Superior, alleging Superior violated section 1153, subdivision (a), by discharging Zacarías and his harvesting crew because they had engaged in protected concerted activity. An administrative law officer (ALO) heard the complaint and recommended findings that the crew had not been terminated and that, because Zacarías was not a “supervisor” within the meaning of the Act, his actions were not imputable to Superior. The Board’s general counsel filed exceptions and the Board affirmed the ALO’s rulings and conclusions as modified. Specifically, although the Board agreed with the…