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TRI-FANUCCHI FARMS v. AGRICULTURAL LABOR RELATIONS BOARD

Real Party in Interest, United Farm Workers of America, Answer Brief on the Merits

52 Cited authorities

  1. San Diego Unions v. Garmon

    359 U.S. 236 (1959)   Cited 2,545 times   33 Legal Analyses
    Holding that "the States as well as the federal court must defer to the exclusive competence of the National Labor Relations Board" if "an activity is arguably subject to § 7 or § 8 of the [NLRA]"

  2. Steele v. L. N.R. Co.

    323 U.S. 192 (1944)   Cited 958 times
    Holding that a labor organization must represent all members of a "craft or class of employees . . . regardless of their union affiliations or want of them"

  3. Labor Board v. American Ins. Co.

    343 U.S. 395 (1952)   Cited 267 times
    Determining that negotiation of labor contract had not rendered case moot

  4. Auciello Iron Works, Inc. v. Nat'l Labor Relations Bd.

    517 U.S. 781 (1996)   Cited 59 times   5 Legal Analyses
    Holding that NLRB is due "considerable deference . . . by virtue of its charge to develop national labor policy"

  5. California Fed. Savings & Loan Assn. v. City of Los Angeles

    11 Cal.4th 342 (Cal. 1995)   Cited 181 times   1 Legal Analyses
    Detailing amendment history

  6. Marina Point, Ltd. v. Wolfson

    30 Cal.3d 721 (Cal. 1982)   Cited 233 times
    Holding that apartment complex could not, under the Unruh Act, prohibit families with children

  7. 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

  8. Rojas v. Superior Court

    33 Cal.4th 407 (Cal. 2004)   Cited 80 times   3 Legal Analyses
    Holding California mediation privilege was not subject to “good cause” exception because only exceptions to mediation confidentiality were those expressly provided in statute

  9. George Arakelian Farms, Inc. v. Agricultural Labor Relations Bd. (United Farm Workers of America, AFL-CIO)

    49 Cal.3d 1279 (Cal. 1989)   Cited 71 times
    Recognizing lawofthecase may include exceptions when " there has been an intervening change in the law, or the disputed issue was not presented or considered in the proceedings below, or application of the doctrine would result in a manifest injustice"

  10. Tex-Cal Land Management v. Agricultural Labor Rel. Bd.

    24 Cal.3d 335 (Cal. 1979)   Cited 94 times
    Upholding Legislature's choice to "accord finality to the findings of a statewide agency that are supported by substantial evidence on the record considered as a whole " rather than require independent judgment review

  11. 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

  12. Section 1156.3 - Petition

    Cal. Lab. Code § 1156.3   Cited 34 times
    Setting forth the election process

  13. Section 1154 - Unfair labor practices; labor organizations

    Cal. Lab. Code § 1154   Cited 16 times

    It shall be an unfair labor practice for a labor organization or its agents to do any of the following: (a) To restrain or coerce: (1) Agricultural employees in the exercise of the rights guaranteed in Section 1152. This paragraph shall not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership therein. (2) An agricultural employer in the selection of his representatives for the purposes of collective bargaining or the adjustment

  14. 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

  15. Section 1142 - [Effective January 1, 2028] Offices

    Cal. Lab. Code § 1142   Cited 6 times

    (a) The principal office of the board shall be in Sacramento, but it may meet and exercise any or all of its power at any other place in California. (b) Besides the principal office in Sacramento, as provided in subdivision (a), the board may establish offices in such other cities as it shall deem necessary. The board may delegate to the personnel of these offices such powers as it deems appropriate to determine the unit appropriate for the purpose of collective bargaining, to investigate and provide

  16. Section 1164.11 - Demand to bargain

    Cal. Lab. Code § 1164.11   Cited 4 times

    A demand made pursuant to paragraph (1) of subdivision (a) of Section 1164 may be made only in cases which meet all of the following criteria: (a) the parties have failed to reach agreement for at least one year after the date on which the labor organization made its initial request to bargain, (b) the employer has committed an unfair labor practice, and (c) the parties have not previously had a binding contract between them. Ca. Lab. Code § 1164.11 Added by Stats 2002 ch 1145 (SB 1156), s 2, eff

  17. Section 3395 - Heat Illness Prevention in Outdoor Places of Employment

    Cal. Code Regs. tit. 8 § 3395   Cited 7 times   15 Legal Analyses

    (a) Title, Scope, and Application. (1) This section shall be known and may be cited as the Maria Isabel Vasquez Jimenez heat illness standard, and shall apply to all outdoor places of employment. EXCEPTION: If an industry is not listed in subsection (a)(2), employers in that industry are not required to comply with subsection (e), High-heat procedures. (2) List of industries subject to all provisions of this standard, including subsection (e): (A) Agriculture (B) Construction (C) Landscaping (D)

  18. Rule 8.520 - Briefs by parties and amici curiae; judicial notice

    Cal. R. 8.520   Cited 3,160 times

    (a)Parties' briefs; time to file (1) Within 30 days after the Supreme Court files the order of review, the petitioner must serve and file in that court either an opening brief on the merits or the brief it filed in the Court of Appeal. (2) Within 30 days after the petitioner files its brief or the time to do so expires, the opposing party must serve and file either an answer brief on the merits or the brief it filed in the Court of Appeal. (3) The petitioner may file a reply brief on the merits or

  19. Rule 8.504 - Form and contents of petition, answer, and reply

    Cal. R. 8.504   Cited 21 times

    (a)In general Except as provided in this rule, a petition for review, answer, and reply must comply with the relevant provisions of rule 8.204. (Subd (a) amended effective January 1, 2007.) (b) Contents of a petition (1) The body of the petition must begin with a concise, nonargumentative statement of the issues presented for review, framing them in terms of the facts of the case but without unnecessary detail. (2) The petition must explain how the case presents a ground for review under rule 8.500(b)