Arnaudo Brothers v. ALRB

Arnaudo Brothers challenged the Board's award of make whole-relief based on the determination that the company's litigation of a disclaimer issue did not further the policies and purpose of the Agriculture Labor Relations Act of 1975. The Court of Appeal held that the Board did not err when it identified and applied the rules that define when a certified union has made a disclaimer of interest in representing the bargaining unit; determined the statement by the Union representative that "we’re through with you" (if made) was not a clear and unequivocal disclaimer of interest; and concluded the Union's subsequent conduct consistent with a disclaimer could not render the equivocal disclaimer effective. Finally, the principles set forth in Tri-Fanucchi Farms v. Agricultural Labor Relations Bd., (2017) 3 Cal.5th 1161, compelled the conclusion that the Board properly exercised its broad discretionary authority when it awarded make-whole relief in this case. View "Arnaudo Brothers v. ALRB" on Justia Law