ALRB litigation update: appeals dismissed in majority-support challenge; Ocean Mist contempt hearing set
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Summary
Chief board counsel updated the Agricultural Labor Relations Board that a challenge to the majority-support petition process was dismissed after the California Supreme Court denied review; a contempt hearing for Ocean Mist Farms was rescheduled for May 15 and related federal litigation remains pending.
Chief board counsel Laura told the Agricultural Labor Relations Board on April 15 that a key legal challenge to the agency’s majority-support petition process has been dismissed in superior court after the California Supreme Court declined review.
"On March 18, the California Supreme Court denied [review]," Laura said, and the Court of Appeal then remitted the matter to the trial court. The Kern County Superior Court issued an order April 6 that vacated the preliminary injunction, sustained the board’s demurrer and dismissed Wonderful Nurseries’ case for lack of jurisdiction. Laura said Wonderful Nurseries could seek further review via a certiorari petition to the U.S. Supreme Court; the deadline to file a petition is June 16.
Laura also reported that a related individual employee case (Chavez) remains on hold in Kern County with a case-management conference scheduled for May 4. Separately, Laura described a subpoena-enforcement action against Ocean Mist Farms in Monterey County that was advancing toward contempt proceedings after payroll records were not produced; the hearing had been postponed because the order to show cause had not been personally served, and the court set a new hearing for May 15 at 11 a.m.
Finally, Laura said the board’s motion to dismiss in a federal challenge to mandatory mediation remains pending in federal district court and the agency is awaiting further action.
The board received the litigation update with no questions and then recessed into closed session.
