§Why CasetextPricing

GERAWAN FARMING v. AGRICULTURAL LABOR RELATIONS BOARD (UNITED FARM WORKERS OF AMERICA)

Petitioner’s Answer Brief on the Merits

96 Cited authorities

  1. Village of Willowbrook v. Olech

    528 U.S. 562 (2000)   Cited 6,367 times   12 Legal Analyses
    Holding that a class of one could challenge different treatment under the Equal Protection Clause where treatment was alleged to be "irrational and wholly arbitrary"

  2. Engquist v. Oregon Dep't of Agric.

    553 U.S. 591 (2008)   Cited 2,560 times   9 Legal Analyses
    Holding that a class-of-one equal-protection claim cannot be raised in the public-employment context based in part upon the discretionary nature of the employment decisions

  3. AT&T Techs., Inc. v. Commc'ns Workers of Am.

    475 U.S. 643 (1986)   Cited 5,366 times   23 Legal Analyses
    Holding that it was for the court to decide whether a particular labor dispute fell within the arbitration clause of a collective-bargaining agreement

  4. Volt Info. Scis., Inc. v. Bd. of Trs.

    489 U.S. 468 (1989)   Cited 3,201 times   15 Legal Analyses
    Holding that the Federal Arbitration Act requires courts to enforce arbitration agreements according to their terms, including where the parties "specify by contract the rules under which arbitration will be conducted"

  5. Heller v. Doe

    509 U.S. 312 (1993)   Cited 2,340 times   1 Legal Analyses
    Holding that courts must accept a legislature's generalizations under rational basis review "even when there is an imperfect fit between means and ends" or where the classification "is not made with mathematical nicety"

  6. Steelworkers v. Warrior Gulf Co.

    363 U.S. 574 (1960)   Cited 5,546 times   6 Legal Analyses
    Holding that grievance machinery “is at the very heart of the system of industrial self-government” and the courts should not deny an order to arbitrate “unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute”

  7. 14 Penn Plaza LLC v. Pyett

    556 U.S. 247 (2009)   Cited 539 times   27 Legal Analyses
    Holding that a collective bargaining agreement that "clearly and unmistakably requires union members to arbitrate [Age Discrimination in Employment Act] claims is enforceable as a matter of federal law"

  8. Litton Financial Printing Division v. Nat'l Labor Relations Bd.

    501 U.S. 190 (1991)   Cited 785 times   8 Legal Analyses
    Holding that expired contract terms remain “imposed by law” during negotiations

  9. Textile Workers v. Lincoln Mills

    353 U.S. 448 (1957)   Cited 2,311 times   1 Legal Analyses
    Holding that § 301 expresses a federal policy in favor of the enforceability of labor contracts

  10. Iskanian v. CSL Transportation Los Angeles, LLC

    59 Cal.4th 348 (Cal. 2014)   Cited 696 times   145 Legal Analyses
    Holding that arbitration provisions banning class-action litigation or collective arbitration of employment-related claims are enforceable under the NLRA and the FAA's saving clause, but also holding that arbitration provisions banning representative claims under California's Private Attorneys General Act violates that Act

  11. Section 1140.2 - State policy

    Cal. Lab. Code § 1140.2   Cited 27 times

    It is hereby stated to be the policy of the State of California to encourage and protect the right of agricultural employees to full freedom of association, self-organization, and designation of representatives of their own choosing, to negotiate the terms and conditions of their employment, and to be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the

  12. Section 1155.2 - Bargaining in good faith

    Cal. Lab. Code § 1155.2   Cited 23 times

    (a) For purposes of this part, to bargain collectively in good faith is the performance of the mutual obligation of the agricultural employer and the representative of the agricultural employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or any questions arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party

  13. Section 1164 - Declaration of failure to reach collective bargaining agreement; request for mandatory mediation and conciliation

    Cal. Lab. Code § 1164   Cited 11 times

    (a) An agricultural employer or a labor organization certified as the exclusive bargaining agent of a bargaining unit of agricultural employees may file with the board, at any time following (1) 90 days after a renewed demand to bargain by an agricultural employer or a labor organization certified prior to January 1, 2003, which meets the conditions specified in Section 1164.11, (2) 90 days after an initial request to bargain by an agricultural employer or a labor organization certified after January

  14. Section 1156.4 - Reflection of peak agricultural employment

    Cal. Lab. Code § 1156.4   Cited 8 times

    Recognizing that agriculture is a seasonal occupation for a majority of agricultural employees, and wishing to provide the fullest scope for employees' enjoyment of the rights included in this part, the board shall not consider a representation petition or a petition to decertify as timely filed unless the employer's payroll reflects 50 percent of the peak agricultural employment for such employer for the current calendar year for the payroll period immediately preceding the filing of the petition