are150_chapter-5_7-nishi-green-18-1981-1153c

Are150_chapter-5_7-n - Nishi Greenhouse(1981 7 ALRB No 18 Salinas California STATE OF CALIFORNIA AGRICULTURAL LABOR RELATIONS BOARD NISHI

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Nishi Greenhouse (1981) 7 ALRB No. 18
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Salinas, California STATE OF CALIFORNIA AGRICULTURAL LABOR RELATIONS BOARD NISHI GREENHOUSE ) Respondent, i Case No. 80-CE-7-SAL SO-CE-g-SAL and. UNITED FARMWORKERS OF AMERICA ; 7 ALRB No. 18 AFL-CIO, i Charging Party. i DECISTON AND ORDER. On December 21, 1980, Administrative Law Officer (AL01 Beverly Axelrod issued the attached Decision in this proceeding. Thereafter the Respondent filed timely exceptions and a support- ing brief. The Board has considered the record and the attached Decision in light of the exceptions and the brief, and has decided to affirm the ALO's rulings, findings, and conclusians as modified herein, and to adopt her recommended order with modifications. Respondent excepts to the ALO's finding that it refused to rehire two employees because of their union activity, and to the legal standard applied by the AL0 in her analysis and conclu- sions. Respondent argues that the AL0 should have applied the standards adopted by the National Labor Relations Board in the /////////////// ////////////I// /////////////// ///////////////
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f P > case of Wright Line, Inc. (1980) 251 NLRR No. 1.50 tlO5 LRRM ;,'-) 11691 A' We agree with the Respondent that the Wright Line standards should be applied in this case, but we disagree with Respondent's conclusion that application of those standards would result,in the dismissal of the cornplaint.2' The Significance of the Wright Line Case , Z.~ .~ __L Wrisht Lihe, Inc., supra, 251 NLRS No. 1.50 was decided - -bf'tha NUB on August 27, 1980. Et was a.direct effort by the NLRB to establish a clear standard for placing the burden of proof and datemining causality in cases, alleging violations of .section! 8(a) (3) of the National Labor Relations Act WLRA).~’ .'-Y Several different standards or tests have evolved in cases of this type decided by the RLRR and the Federal circuit courts. In Wright Line, the RLRR attempted to reconcile these different ;,; " / tests through a restatementof the principles underlying the ;; various causality tests. This restatement was precipitated by and ocmistent with the decision of the U.S. Supreme Court in ~/////h//,//I// /////h/m/// Al/ -Respondent excepted to various other findings and conclusions of the ALO. However, since no grounds are stated for those excep- tions and no reference is made to the portions of the'reoord ~.-, I~ supporting those exceptions, the exceptions are hereby dismissed. 8'Cal. Admin. Code section 20282(a). 2/ Respondent makes no claim that additional evidence should be or could be adduced but only that the improper legal standard was appliad to the ALO's findings oft fact. /Se&ion 8(a) (3) of the NLRA is identical to section 1153(c) of the hgricultural Labor Relations Act (AL=), except with regard to the iNgood standing" clause of the latter, not in issue heera. ! 9 ALRS ;No. 18 2.
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a non-NLRA case entitled Mt. Healthy City School District Board of Education v. Doyle (1977) 429 U.S. 274.i' - The major causality tests used by the NLBB and the federal courts prior to Wright Line were varioualy:characterized as the "in part" test (whether a discriminatorymotive-was:a~ ::.
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This note was uploaded on 01/13/2012 for the course ARE 150 taught by Professor Martin during the Fall '08 term at UC Davis.

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Are150_chapter-5_7-n - Nishi Greenhouse(1981 7 ALRB No 18 Salinas California STATE OF CALIFORNIA AGRICULTURAL LABOR RELATIONS BOARD NISHI

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