California Supreme Court

Tri-Fanucchi Farms, Petitioner v. Agricultural Labor Relations Board, Respondent; United Farm Workers of America…

November 27, 2017225 Cal. Rptr. 3d 545

Summary

The court held that an employer may not unilaterally refuse to bargain based on its belief that a certified union has abandoned the bargaining unit. It also held that the Board properly applied its discretionary standard for awarding make-whole relief and that the Court of Appeal improperly substituted its judgment for the Board's. The court reversed the Court of Appeal insofar as it overturned the make-whole award, affirmed the remainder, and remanded.