UPDATE: August 27, 2024: (FELS parent organization) California Farm Bureau joined 10 other agricultural employer organizations in an amici curiae brief supporting Wonderful Nurseries’ challenge to the majority support petition procedure under the California Agricultural Labor Relations Act, whereby a labor union can become the collective bargaining agent of agricultural employees without winning a secret ballot election. The brief was submitted for filing with the Kern County Superior Court.

Noting “[a]micus briefs are common in appellate proceedings but are rare in trial court proceedings, for good reasons,” the court in its July 18 order on Wonderful’s motion for a preliminary injunction declined to accept the brief (along with three other employer-backed amicus briefs supporting Wonderful). The court stated it did so because the briefs “do not appear to offer a different prospective on the issues from Wonderful” and their acceptance “would only further delay the court’s decision on the motion” because the opposing parties would have to be given a chance to respond to them.

Nonetheless, the court adopted the positions of Wonderful and the would-be amici by granting Wonderful’s motion for preliminary injunctive relief “given the constitutional rights at stake in this matter.” Specifically, the court enjoined the Agricultural Labor Relations Board from (1) enforcing its certification of the United Farm Workers union as the collective bargaining representative of Wonderful’s agricultural employees and (2) continuing to conduct proceedings in the underlying administrative matter.

On August 21, real party in interest UFW lodged with the California 5^th District Court of Appeal a notice of appeal of the trial court’s order granting the preliminary injunction. — Carl Borden, FELS Associate Counsel

July 19, 2024: The Superior Court for Kern County on July 18 issued a preliminary injunction against the Agricultural Labor Relations Board from enforcing its certification of the United Farm Workers as the collective bargaining agent for employees of Wonderful Companies, LLC, issued by the Board in March.  A UFW spokesperson has indicated it expects the injunction will be appealed.

Among other things, Wonderful alleged that ALRB’s handling of its objections to the certification ignored allegations by nearly 150 Wonderful employees that their information had been used fraudulently to support UFW’s certification.

Separately, Wonderful is challenging the constitutionality of the card check process UFW used to request ARLB’s collective bargaining representative certification.  For its part, UFW has accused Wonderful of intimidating employees in connection with the misrepresentation allegations.

You can read more in coverage by the Los Angeles Times, “Judge Grants Request to Halt UFW Effort to Unionize Wonderful Co. Workers.”