Gerawan Farming v. Agricultural Labor Rel. Bd.
Annotate this CaseUFW was certified as the bargaining representative for Gerawan employees in 1992, but UFW did not contact Gerawan until 2012. After a few months, the Board ordered the parties to a statutory Mandatory Mediation and Conciliation (MMC) process pursuant to Labor Code section 1164 et seq., in order to reach terms of a collective bargaining agreement. Following the Board's final order adopting the mediator's report, Gerawan petitioned this court for review, challenging the validity of the order and the MMC process on both statutory and constitutional grounds. The court agreed with Gerawan’s statutory argument that it should have been given an opportunity to prove abandonment to the Board once UFW requested the MMC process. More fundamentally, the court agreed with Gerawan’s constitutional arguments that the MMC statute violates equal protection principles and constitutes an improper delegation of legislative authority. Accordingly, the court set aside the Board's order.
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