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Court of Appeal rules superior court lacked jurisdiction in Wonderful Nurseries challenge; federal suits remain pending
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Summary
Chief board counsel told the Agricultural Labor Relations Board the Fifth District Court of Appeal found the superior court lacked jurisdiction over certification orders in Wonderful Nurseries v. ALRB, directing dismissal; related federal challenges to mediation processes remain pending following a Dec. 2 hearing.
Chief board counsel Laura Hike told the Agricultural Labor Relations Board that the Fifth District Court of Appeal issued a Nov. 25 opinion in Wonderful Nurseries v. ALRB concluding the Kern County Superior Court lacked jurisdiction to review certification orders issued under the majority-support petition process.
Hike said the appeals court directed the superior court to deny the preliminary injunction, sustain the board's demurrer and dismiss the case for lack of jurisdiction. The opinion will become final 30 days from Nov. 25, after which Wonderful Nurseries has 10 days to seek review in the California Supreme Court.
Separately, Hike reported related federal litigation — including consolidated suits by Wonderful Nurseries and Western Growers Association — challenges the mandatory mediation and conciliation process. The board filed a motion to dismiss the consolidated federal complaint; a hearing was held Dec. 2 and the Department of Justice team representing the board expects a ruling in the coming weeks.
Hike also noted an upcoming case management conference in the Chavez matter in Kern County Superior Court on Dec. 18 and said parties have been monitoring the Fifth District decision before advancing that case.
The board did not take public comment on the litigation report during this meeting. The board recessed into closed session later in the agenda and returned at 11:25 a.m.; no public action on these cases was recorded at this session.
