United Farm Workers of America v. Agric. Labor Relations Bd.

Opinion

KAUS, P. J.

Respondent, Agricultural Labor Relations Board, moves to dismiss the petition for writ of review filed by the United Farm Workers (UFW), on grounds that the petition was filed too late. We grant the motion.

1

[349]

Facts

On June 10, 1977, the board filed a decision and order in this case, finding that the employer, not involved in this motion to dismiss, had engaged in unfair labor practices under the Agricultural Labor Relations Act (ALRA), and issued orders in accordance with those findings. On June 15, the UFW filed a motion for reconsideration with the board. The motion was denied on July 20, 1977. On August 18—about 69 days after the board’s decision was issued—the UFW filed a petition for review with this court.

Discussion

Labor Code section 1160.8 of ALRA provides that a person “aggrieved by the final order of the board . . . may obtain review of such order in the court of appeal . . . .” The section further provides that the “petition shall be filed with the court within 30 days from the date of the issuance of the board’s order.”

The Legislature intended both the board (Lab. Code, § 1148), and the courts

(.Agricultural Labor Relations Bd.

v.

Superior Court

(1976) 16 Cal.3d 392, 404 [128 Cal.Rptr. 183, 546 P.2d 687]) to follow federal labor relations precedents where appropriate. Labor Code section 1160.8 tracks the language of 29 United States Code section 160(f), which provides for review of a “final order of the Board . . . .” “Final order” means solely an order of the board either dismissing a complaint in whole or in part or directing a remedy for the unfair labor practices found. (E.g.,

Shell Chemical Company

v.

N.L.R.B.