Opinion

Rivcom Corp. v. Agricultural Labor Relations Board

  • 34 Cal. 3d 743
  • 195 Cal. Rptr. 651
  • 670 P.2d 305
  • 1983 Cal. LEXIS 240
Court
California Supreme Court
Filed
Oct 17, 1983
Status
Published
Author
Richardson
On the bench
Grodin, Richardson
Cited by
50 cases
Authority
More cited than 11.2%

The opinion

RICHARDSON, J.

I respectfully dissent.

My review of the record in this case convinces me that the Agricultural Labor Relations Board (Board) failed to give proper credence to the unimpeached and uncontradicted testimony of Larry Harris, president of petitioner Riverbend Farms. (See Martori Brothers Distributors v. Agricultural Labor Relations Bd. (1981) 29 Cal.3d 721, 728 [ 175 Cal.Rptr. 626 , 631 P.2d 60 ].) Harris’ testimony demonstrated that petitioners had legitimate and substantial business justifications for replacing the employees of the unprofitable predecessor grower, NPMS. Accordingly, the Board erred in rejecting Harris’ justifications as “superficial, unfounded and contradictory.” There was absolutely no evidence that petitioners’ actions were prompted by any antiunion motive.

I will not repeat the evidentiary facts which disclosed petitioners’ justifications as most of those facts are described in the majority opinion. Because the factual issues raised herein are of no legal importance to anyone but the parties to this litigation, a hearing in this case was improvidently granted, being unnecessary to secure “uniformity of decision” or to settle “important questions of law.” (Rule 29(a), Cal. Rules of Court; see Martori Brothers, supra, 29 Cal.3d at pp. 731-732 [conc. opn. by Newman, J.].)

I would vacate and set aside the Board’s order.

Petitioners’ applications for a rehearing were denied November 16, 1983. Bird, C. J., did not participate therein. Richardson, J., was of the opinion that the applications should be granted.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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