Gerawan Farming, Inc. v. Agricultural Labor Relations Board
Annotate this CaseGerawan challenged the Board's findings of unfair labor practices, and the remedy imposed of setting aside an election to decide whether to decertify an incumbent union. The Court of Appeal held that the Board erred in several of its findings of unfair labor practices as well as in the legal standard applied in reaching its remedial conclusions. The court held that, instead of the taint-on-the-petition approach, the Board should have evaluated the purported misconduct under the established outcome-determinative standard for considering whether to set aside the election, which standard would require the Board to focus its scrutiny on whether the misconduct tended to interfere with employee free choice to such an extent that it affected the results of the election.
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