Filed 7/15/20 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT GERAWAN FARMING, INC., F077033 Petitioner, (44 ALRB No. 1, v. 2012-CE-041-VIS, 2013-CE-007-VIS AGRICULTURAL LABOR RELATIONS & 2013-CE-010-VIS) BOARD, Respondent; OPINION UNITED FARM WORKERS OF AMERICA, Real Party in Interest. ORIGINAL PROCEEDINGS; petition for writ of review. Irell & Manella, David A. Schwarz; Barsamian & Moody, Ronald H. Barsamian and Patrick S. Moody; Michael P. Mallery, for Petitioner. Santiago Avila-Gomez, Todd M. Ratshin and Laura F. Heyck for Respondent. Martinez Aguilasocho & Lynch and Mario Martinez for Real Party in Interest. -ooOoo- This writ proceeding addresses a decision by the Agricultural Labor Relations Board (ALRB or Board) that agricultural employer Gerawan Farming, Inc. (Gerawan) committed unfair labor practices by (1) engaging in bad faith “surface bargaining,” and (2) insisting on the exclusion of workers employed by farm labor contractors (FLC workers) from the core benefits of any collective bargaining agreement (CBA) reached between Gerawan and the United Farm Workers of America (UFW or Union). The Board’s findings were based on Gerawan’s bargaining conduct both before and after the Board ordered the parties to “mandatory mediation and conciliation” (MMC) under the MMC statutory scheme, Labor Code section 1164 et seq.1 To remedy these violations, the Board awarded make-whole relief for the period January 18, 2013, to June 30, 2013. Gerawan contends (1) the MMC statute does not authorize the Board to impose unfair labor practice liability for its bargaining conduct within the MMC process, (2) the Board lacks the power to impose make-whole relief when a party is engaged in MMC, and (3) the Board’s unfair labor practice findings are erroneous, arbitrary, and unsupported by substantial evidence. Gerawan also contends the Board erred when it denied its prehearing motion to disqualify one of the Board members who participated in this proceeding. Finding no merit to Gerawan’s arguments, we affirm the Board’s decision. FACTUAL AND PROCEDURAL BACKGROUND Gerawan, a family owned farming business, is the largest tree fruit grower in California. In addition to growing and harvesting tree fruit such as peaches, nectarines, plums and apricots, Gerawan grows and harvests table and wine grapes. Gerawan’s extensive farming operations are conducted on thousands of acres of farmland in two 1 The MMC statute is part of the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Lab. Code, §§ 1140‒1166.3) (the ALRA or the Act). Undesignated statutory references are to the Labor Code. 2. main locations: the west side ranches in the Kerman area, and the east side ranches in the Reedley/Sanger area. Gerawan classifies its direct-hire employees as either “cultural” or “crew” labor. Cultural labor, which generally works year round, includes jobs such as water truck and tractor drivers, mechanics, irrigators, and nursery workers, while crew labor performs seasonal work such as harvesting and pruning. When Gerawan needs more workers, it often obtains them through farm labor contractors, whose employees perform the same work as crew labor. In 2013, Gerawan employed about 5,000 workers annually in both ...
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