Andrews v. Agricultural Labor Relations Board

623 P.2d 151 (1981)

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Nature of the Case

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Facts

D was charged with unlawfully discharging and demoting nine of their employees, with engaging in unlawful surveillance and interrogation of employees, and with otherwise restraining and interfering with the employees' rights under the ALRA. The Agricultural Labor Relations Board (ALRB) (P) appointed Armando Menocal as a temporary ALO, pursuant to Labor Code section 1145, to conduct the hearings. Menocal was an attorney in private practice with Public Advocates, Inc., a public interest law firm that did extensive work for unions and employees. D immediately moved to disqualify Menocal under California Administrative Code, title 8, section 20230.4, the then-current regulation on disqualification of ALOs. The ALO denied the motion. D appealed to P and they denied the motion. D petitioned the Court of Appeal, Fourth Appellate District, for a writ of certiorari which was summarily denied. The hearings proceeded to the merits of the unfair labor practice charges, and the ALO filed a recommended decision adverse to D on most of the major issues. P issued its final decision without treating the disqualification issue; it essentially adopted the ALO's findings and recommendations. D appealed to the California Supreme Court.