ALRB counsel reports appeals in state cases and new federal lawsuit by Wonderful Nurseries

At an informational meeting of the Agricultural Labor Relations Board on Jan. 8, 2025, Laura (Chief Board Counsel) reported that the board is involved in multiple pending appeals in the Fifth District Court of Appeal and was recently sued in federal court by Wonderful Nurseries LLC.

The report matters because the appeals and the federal complaint could affect how the board enforces remedies in farmworker labor disputes. Laura said the federal complaint seeks a declaration that the MMC statute is unconstitutional and asks for injunctive relief that would limit the board—s current enforcement pathway.

Laura told the board the Fifth District matters include two related petition proceedings identified in the record as f088632/f088639, filed by the ALRB and the United Farm Workers challenging a superior court denial of the ALRB—s demurrer. She said Wonderful filed responses to those petitions at the end of November and the ALRB and UFW filed replies; the matters are now fully briefed.

Laura also described the board—s appeals in case numbers f088515/f088520, in which the ALRB and UFW appealed a superior court order that granted a preliminary injunction to Wonderful Nurseries LLC. She said the court issued an order on Dec. 6 that granted in part and denied in part Wonderful—s request for calendar preference, denied expedited briefing, and ordered the matter to be set for the first available oral argument calendar once fully briefed. As a result, the board—s brief in that appeal is due Jan. 21, 2025, Laura reported.

Separately, Laura said a new lawsuit was filed in U.S. District Court for the Eastern District of California on Dec. 30, 2024: Wonderful Nurseries LLC v. ALRB (case number 1:24-cv-01601-CDB). The board was served on Jan. 3, and Laura said the complaint alleges that the board—s enforcement of the mandatory remediation/conciliation (MMC) process violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment and asks the court to declare the MMC statute facially unconstitutional and to issue injunctive relief. Laura said the board—s answer is due 21 days after service, putting the due date at Jan. 24, 2025.

Next steps for the board include filing the appellate brief by Jan. 21 and preparing a federal-court response by Jan. 24. Laura concluded the litigation update and answered no follow-up questions from board members during the meeting.

Less urgent details: the counsel—s report included court case numbers and procedural posture; no final rulings were reported at the meeting.