Barbosa
Olson Farms, Inc. v. Barbosa
Opinion
Lead Opinion
Fernandez, J.
Olson Farms, Inc. appeals the district court’s dismissal of its action against the California Agricultural Labor Relations Board and others (collectively the ALRB), for lack of jurisdiction. See Fed.R.Civ.P. 12(b)(1). In effect, Olson asked the district court to review the determinations of the ALRB and the courts of California that Olson had violated the California Agricultural Labor Relations Act (ALRA). The ALRB appeals from the district court’s denial of its *935 request for sanctions. See Fed.R.Civ.P. 11. We affirm.
BACKGROUND
Olson operates an egg processing and distribution facility in Gilroy, California. In November of 1975, the ALRB certified the General Teamsters Warehousemen and Helpers Union as the exclusive bargaining representative of Olson’s agricultural employees, including those in the processing and distribution facility. The ALRB, an agency of the State of California, is organized in a manner similar to the National Labor Relations Board (NLRB). See Bud Antle, Inc. v. Barbosa, 45 F.3d 1261, 1264 (9th Cir.1995). The fundamental difference between the National Labor Relations Act (NLRA) and the ALRA is that the former excludes agricultural employees, while the…