Arnaudo Bros., L.P. v. Agric. Labor Relations Bd.

*1217 This writ proceeding addresses decisions by the Agricultural Labor Relations Board (Board) that an agricultural employer committed unfair labor practices by refusing to bargain with, and provide information to, the United Farm Workers of America (Union). The employer's defense was that in the early 1980's, the Union expressly disclaimed any interest in representing the bargaining unit-a disclaimer reinforced by the Union's 30 years of inactivity. The Board rejected the employer's disclaimer defense to the failure to bargain charge, finding the purported disclaimer was not clear and unequivocal. The Board awarded make whole-relief based on the determination that the employer's litigation of the disclaimer issue did not further the policies and purpose of the Agricultural Labor Relations Act of 1975 ( Lab. Code, §§ 1140 - 1166.3 ). 1 The employer contends the Board erred in rejecting its disclaimer defense and in awarding make-whole relief.

*1218 In August 2017, we issued a decision concluding the Board properly rejected the employer's disclaimer defense to the charge that employer failed to bargain with the Union, but erred in determining make-whole relief was "appropriate"…