Taking a bite out of the backlog of seven pending September calendar cases, the Supreme Court on Monday morning will file opinions in Gerawan Farming, Inc. v. Agricultural Labor Relations Board, Tri-Fanucchi Farms v. Agricultural Labor Relations Board, and F.P. v. Monier. (Briefs here; oral argument videos here, here, and here.)
Gerawan Farming raises these issues: (1) Does the statutory “Mandatory Mediation and Conciliation” process (Lab. Code, §§ 1164-1164.13) violate the equal protection clauses of the state and federal Constitutions? (2) Do the “Mandatory Mediation and Conciliation” statutes effect an unconstitutional delegation of legislative power? (3) May an employer oppose a certified union’s request for referral to the “Mandatory Mediation and Conciliation” process by asserting that the union has “abandoned” the bargaining unit? (First District, Division Two, Court of Appeal Presiding Justice Anthony Kline is the pro tem.)
In Tri-Fanucchi Farms, the court will address: (1) May an employer assert as a defense to a request for collective bargaining under the Agricultural Labor Relations Act (Lab. Code, § 1140, et seq.) that the certified union has “abandoned” the bargaining unit? (2) Did the Board err in granting “make whole” relief (Lab. Code, § 1160.3) as a remedy for the employer’s refusal to bargain with the union? (Presiding Justice Kline is the pro tem on this case, too.)
F.P. will answer whether a trial court’s error in failing to issue a statement of decision upon a timely request is reversible per se. (First District, Division One, Presiding Justice Jim Humes is the pro tem.)
The three opinions can be viewed Monday starting at 10:00 a.m.
