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

Petitioner’s Request for Judicial Notice

37 Cited authorities

  1. Federal Trade Commission v. Standard Oil Co.

    449 U.S. 232 (1980)   Cited 614 times   3 Legal Analyses
    Holding that the issuance of an administrative complaint is not final agency action because a complaint is "not a definitive statement of position" but instead a "threshold determination that further inquiry is warranted"

  2. Sure-Tan, Inc. v. Nat'l Labor Relations Bd.

    467 U.S. 883 (1984)   Cited 409 times   3 Legal Analyses
    Holding that NLRB could order reinstatement with back pay as a remedy for constructive discharge

  3. Machinists Local v. Labor Board

    362 U.S. 411 (1960)   Cited 275 times   2 Legal Analyses
    Holding that “a finding of violation which is inescapably grounded on events predating the limitations period” is untimely

  4. Arce v. Kaiser Foundation Health Plan, Inc.

    181 Cal.App.4th 471 (Cal. Ct. App. 2010)   Cited 188 times
    Holding that the defendant's "alleged practice of categorically denying coverage" of certain services for autism-related disorders purportedly encompassed by the terms of a health care plan was sufficient to state a class action UCL claim

  5. Smiley v. Citibank

    11 Cal.4th 138 (Cal. 1995)   Cited 142 times
    Looking to the definition of “interest” at time when the relevant act was passed

  6. Nat'l Labor Relations Bd. v. Magnavox Co. of Tennessee

    415 U.S. 322 (1974)   Cited 76 times
    In Magnavox, the Board changed its bifurcated rule and adopted the Eighth Circuit's view that the union had no power to waive employee distribution rights on behalf of either itself or another union.

  7. C.R. v. Tenet Healthcare Corp.

    169 Cal.App.4th 1094 (Cal. Ct. App. 2009)   Cited 77 times   1 Legal Analyses
    Reversing order sustaining private hospital's demurrer to putative class action without leave to amend, in action claiming sexual molestation by certified nursing assistant; hospital allegedly destroyed records to conceal abuse and hid information so employee could keep working

  8. Agricultural Labor Relations Bd. v. Superior Court

    16 Cal.3d 392 (Cal. 1976)   Cited 196 times   1 Legal Analyses
    Upholding agency regulation that created an exception to the criminal trespass statute

  9. Coito v. Superior Court (State of California)

    54 Cal.4th 480 (Cal. 2012)   Cited 53 times   4 Legal Analyses
    In Coito, one party's counsel attempted to use the efforts of the other party's counsel to find witnesses and information about the case that was readily available to both parties.

  10. Boire v. Pilot Freight Carriers, NC

    515 F.2d 1185 (5th Cir. 1975)   Cited 96 times
    Holding that issuance of an interim bargaining order where one did not previously exist would "materially alter [the status quo], creating by judicial fiat a relationship that has never existed."

  11. Section 452 - Matters permitting judicial notice

    Cal. Evid. Code § 452   Cited 7,904 times   1 Legal Analyses
    Permitting notice to be taken of the "[o]fficial acts of the . . . judicial departments . . . of any state of the United States"

  12. Section 160 - Prevention of unfair labor practices

    29 U.S.C. § 160   Cited 7,009 times   19 Legal Analyses
    Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB

  13. Section 459 - Duties of reviewing court

    Cal. Evid. Code § 459   Cited 4,180 times   1 Legal Analyses
    Reviewing court must notice matter noticed by trial court

  14. Section 186 - Restrictions on financial transactions

    29 U.S.C. § 186   Cited 2,334 times   16 Legal Analyses
    Prohibiting payments to labor union officials

  15. Section 954 - Privilege established

    Cal. Evid. Code § 954   Cited 400 times   4 Legal Analyses

    Subject to Section 912 and except as otherwise provided in this article, the client, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer if the privilege is claimed by: (a) The holder of the privilege; (b) A person who is authorized to claim the privilege by the holder of the privilege; or (c) The person who was the lawyer at the time of the confidential communication, but such person may not

  16. Section 2018.030 - Generally

    Cal. Code Civ. Proc. § 2018.030   Cited 97 times   7 Legal Analyses

    (a) A writing that reflects an attorney's impressions, conclusions, opinions, or legal research or theories is not discoverable under any circumstances. (b) The work product of an attorney, other than a writing described in subdivision (a), is not discoverable unless the court determines that denial of discovery will unfairly prejudice the party seeking discovery in preparing that party's claim or defense or will result in an injustice. Ca. Civ. Proc. Code § 2018.030 Added by Stats 2004 ch 182 (AB

  17. Section 439 - Violations and penalties

    29 U.S.C. § 439   Cited 90 times   3 Legal Analyses

    (a) Willful violations of provisions of subchapter Any person who willfully violates this subchapter shall be fined not more than $10,000 or imprisoned for not more than one year, or both. (b) False statements or representations of fact with knowledge of falsehood Any person who makes a false statement or representation of a material fact, knowing it to be false, or who knowingly fails to disclose a material fact, in any document, report, or other information required under the provisions of this

  18. Section 1140 - Short title

    Cal. Lab. Code § 1140   Cited 83 times

    This part shall be known and may be referred to as the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975. Ca. Lab. Code § 1140 Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.

  19. Section 1153 - Unfair labor practices; employers

    Cal. Lab. Code § 1153   Cited 80 times

    It shall be an unfair labor practice for an agricultural employer to do any of the following: (a) To interfere with, restrain, or coerce agricultural employees in the exercise of the rights guaranteed in Section 1152. (b) To dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it. However, subject to such rules and regulations as may be made and published by the board pursuant to Section 1144, an agricultural employer shall

  20. Section 1152 - Employee rights

    Cal. Lab. Code § 1152   Cited 46 times   1 Legal Analyses

    Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of continued

  21. Rule 8.252 - Judicial notice; findings and evidence on appeal

    Cal. R. 8.252   Cited 592 times

    (a)Judicial notice (1) To obtain judicial notice by a reviewing court under Evidence Code section 459, a party must serve and file a separate motion with a proposed order. (2) The motion must state: (A) Why the matter to be noticed is relevant to the appeal; (B) Whether the matter to be noticed was presented to the trial court and, if so, whether judicial notice was taken by that court; (C) If judicial notice of the matter was not taken by the trial court, why the matter is subject to judicial notice