Ukegawa Brothers v. Agricultural Labor Relations Board

Good Law
1989 Cal. App. LEXIS 915·212 Cal. App. 3d 1314·261 Cal. Rptr. 420
Court of Appeal of CaliforniaJuly 27, 1989No. D009198California3,963 words

Opinion

Lead Opinion

Wiener, J.

The petition for review filed by Ukegawa Brothers has been reviewed and considered by Justices Wiener, Todd and Huffman. The petition is denied. (See Tex-Cal Land Management, Inc. v. Agricultural Labor Relations Bd. (1979) 24 Cal.3d 335 [ 156 Cal.Rptr. 1 , 595 P.2d 579 ].)

In 1988 the Agricultural Labor Relations Board (ALRB or Board) corrected what it called a clerical error in an order issued in 1982 against Ukegawa Brothers, Inc. Through the correction the Board replaced Ukegawa Brothers, Inc. with Ukegawa Brothers, a general partnership, as the party against whom the order lay. The partnership has filed a petition for a writ of review contending the error was not clerical and that through the correction, it was denied the opportunity to seek review of the 1982 order.

Commencing in 1975, the United Farm Workers filed a number of unfair labor practice charges against Ukegawa Brothers, a tomato farmer in northern San Diego County. In November 1977 ALRB issued a complaint against Ukegawa Brothers, Inc. The Ukegawa Brothers partnership answered, advising the Board it had erroneously identified the partnership as a corporation. An unfair labor practice trial commenced and…

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