Arnaudo Brothers, LP v. Agricultural Labor Relations Bd.

In the limited context of a situation where disclaimer was raised as a defense to an unfair labor practices charge based on the failure to bargain, the Court of Appeal held that the Board correctly identified and applied the rules that define when a certified union has made a disclaimer of interest in representing the bargaining unit. However, the Board's awarding of make whole relief was based on an erroneous determination that the litigation of the employer's position relating to the disclaimer defense did not further the policies and purposes of the Agricultural Labor Relations Act, Lab. Code, 1140-1166.3. In this case, the public interest was furthered by the litigation of the disclaimer issue and, therefore, make whole relief was not "appropriate" for purposes of section 1160.3. Therefore, the petition for review was granted in part and denied in part. View "Arnaudo Brothers, LP v. Agricultural Labor Relations Bd." on Justia Law