ALRB counsel reports multiple appeals and a federal challenge to mediation statute; hearings set in March

Chief Board Counsel Laura Hike told the Agricultural Labor Relations Board that the agency is involved in multiple appellate and federal matters, including appeals in the Fifth District Court of Appeal, an active Kern County Superior Court case and a federal lawsuit challenging the state’s mandatory mediation‑conciliation (MMC) statute.

Hike said the Kern County Superior Court matter (case number BCV-24-101649) has a case management conference scheduled but that the parties met and conferred and indicated there is no opposition to continuing that conference while related appellate matters are pending. She identified two appeals in the California Fifth District Court of Appeal: case numbers F088632 / F088639 (described as petitions challenging a superior court denial of a demurrer) and F088515 / F088520 (appeals of a superior court order granting a preliminary injunction). The board and the United Farm Workers filed opening briefs on the latter appeals on Feb. 7; Hike said an answering brief from the opposing party is due on or before March 10 and any reply briefs would follow within 20 days after that filing.

Hike also reported on a federal lawsuit filed in the Eastern District of California by Wonderful Nurseries LLC (docket cited in the meeting record). According to Hike, the complaint challenges the application and enforcement of the MMC statute as violating due process and equal protection, seeks a facial declaration that the MMC statute is unconstitutional, and requests injunctive relief. The United Farm Workers filed a motion for leave to intervene in the federal case on Jan. 22; Wonderful opposed that motion and the board’s counsel filed an opposition to a separate proposed intervenor (a group of Wonderful employees represented by the National Right to Work Legal Defense Foundation). Hike said those intervention motions have hearings in March: the UFW motion on March 3 at 1:30 p.m., and the employees’ motion on March 17. Wonderful also filed a motion for preliminary injunction on Feb. 10; Hike said the board’s opposition to that motion was due Feb. 24 and the hearing on the preliminary injunction is set for March 17. The court granted an extension for the board to file a response to the complaint itself, with that response now due April 1.

Hike concluded by summarizing that some appellate briefing is fully briefed as of Dec. 24 while other deadlines and hearings are pending in early-to-mid March. The report did not include any board votes; Hike presented the litigation update as an informational report.