CA Supreme Court Rules Against Grower in Mediation Case
Bryan Little, Farm Employers Labor Service
November 29, 2017
The California Supreme Court has denied a claim by a California fruit grower alleging the mandatory mediation and conciliation (MMC) process imposed by the California Legislature in 2002 is unconstitutional. An attorney for Fresno County-based Gerawan Farming indicated the grower intends to seek review of the decision by the U.S. Supreme Court.
In its November 27 ruling, the court found the MMC process is neither an unconstitutional delegation of the legislature's powers nor is it a violation of the plaintiff's right to equal protection under the law. The Court also disagreed with Gerawan's argument that the United Farm Worker's 17-year lapse between winning the right to represent Gerawan employees and UFW's invocation of MMC caused the union to forfeit its right to represent Gerawan's workers.