[Download] "Porto v. Agricultural Labor Relations Board" by Third Appellate District Court of Appeal of California * eBook PDF Kindle ePub Free
eBook details
- Title: Porto v. Agricultural Labor Relations Board
- Author : Third Appellate District Court of Appeal of California
- Release Date : January 12, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
[191 CalApp3d Page 1199] In William Dal Porto & Sons, Inc. v. Agricultural Labor Relations Bd. (1984) 163 Cal. App. 3d 541 [210 Cal. Rptr. 241] (Dal Porto I) we affirmed the Agricultural Labor Relations Board's (Board) finding that Dal Porto committed unfair labor practices in violation of section 1153, subdivisions (a) and (e), of the Agricultural Labor Relations Act of 1975 (hereafter ALRA) (Lab. Code, ? 1140 et seq.)1 by bargaining in bad faith with regard to issues of union security and by unilaterally raising wages of certain employees. However, we annulled the Board's finding that Dal Porto bargained in bad faith on the issue whether any successor of Dal Porto would be bound by a collective bargaining agreement signed by Dal Porto. (Id., at p. 563.) Declining to assume the Board would impose the same remedy for two violations of the ALRA that it did for three, we annulled the Board's order for ""make-whole"" relief and remanded to the Board for formulation of a new remedial order. (Ibid.) Following our remand, the Board reevaluated the evidence in the proceeding and concluded its order of make-whole relief remained warranted under the narrower finding of bad faith bargaining affirmed by this court. (William Dal Porto & Sons, Inc. (1985) 11 ALRB No. 13, at p. 2.) The Board's remedial order requires in pertinent part that Dal Porto ""(d) Make whole its present and former agricultural employees for all losses of pay and other economic losses they have suffered as a result of Respondent's failure and refusal to bargain in good faith with the UFW, such amounts to be computed in accordance with established Board precedents . . . ."" (Id., at pp. 5-6.) So far as the record before us discloses, the parties have not consummated a collective bargaining agreement.
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