California Court of Appeal

Defendant-Labor Board's decision excluding certain persons employed by plaintiff-dairy from voting on the United Farm Workers of America's (UFW) petition to represent plaintiff's agricultural employees is reversed in part and affirmed in part where: 1) the nephews of plaintiff's owners did not fall under the regulation that excluded the owner's children from voter eligibility; 2) based on the evidence presented, defendant correctly concluded that the individual who maintained the lawn area around the dairy was not an agricultural employee; 3) it was appropriate for defendant to apply a substantiality test in determining whether an individual who engaged in childcare and cleaning was an agricultural employee; and 4) substantial evidence supported defendant's conclusion that the two individuals with supervisory duties were supervisors and thus ineligible to vote.

Appellate Information

• Decided 11/20/2008
• Published 11/20/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Sagaser, Jones & Helsley, Howard A. Sagaser, Fresno, and David W. Burnett, for Petitioner., Marcos Camacho and Mario Martinez, Keene, for Real Party in Interest.


• For Appellees:
  
• J. Antonio Barbosa and Joseph A. Wender, Sacramento, for Respondent.