ALRB reports ongoing federal litigation: Wonderful Nurseries and Olive Hill Greenhouses cases active

The California Agricultural Labor Relations Board received updates on two federal cases that remain active in district courts.

Executive Officer Santiago and staff summarized filings in Wonderful Nurseries’ litigation in the U.S. District Court for the Eastern District of California, noting the board filed its reply to Wonderful’s opposition to the board’s motion to dismiss on May 8 and that the matter is fully briefed. Santiago said the board did not yet have a hearing date on that motion.

Separately, in Olive Hill Greenhouses Inc. and Western Growers Association v. ALRB, pending in the U.S. District Court for the Southern District of California, Santiago and meeting counsel reported that plaintiffs filed a motion for a preliminary injunction on April 24. The ALRB’s response to the injunction motion was reported as due the next day (the board expected a draft for review), and the response to the complaint itself was listed as due June 9.

Santiago said the United Farm Workers filed a motion to intervene on May 1; the Department of Justice’s senior team (DAG team) informed the parties that the court takes no position on that intervention. The court also ordered Western Growers to explain by May 12 why transfer to the Eastern District with the Wonderful case was not appropriate; the board expected to have an opportunity to respond to whatever Western Growers filed on May 19. No court rulings were announced at the meeting.

General Counsel Julie Montgomery and staff described other pending interim appeals before the board involving attorney–client privilege and work product claims in matters that remain under administrative review. The board did not take new public action on litigation during the meeting.