Agricultural Labor Relations Board v. Superior Court

Opinion

TODD, J.

The Agricultural Labor Relations Board (ALRB) petitions for a writ of mandate after the superior court stayed ALRB administrative proceedings seeking to impose derivative liability on Mario Saikhon, the

[751]

Saikhon Family Trust dated June 3, 1988, and its trustees. We conclude the derivative liability proceedings are properly before the ALRB and should not have been stayed by the superior court. Accordingly we grant the petition.

Factual and Procedural Background

The United Farm Workers of America, AFL-CIO (Union) filed a series of unfair labor practice charges against Mario Saikhon, Inc. (Company) beginning in 1979. Ultimately the ALRB found the Company liable for several million dollars in backpay to its workers. After review was denied or dismissed in this court and the Company failed to pay, the ALRB initiated compliance proceedings, including hearings on derivative liability directed toward Mario Saikhon as an individual, him and his wife Dora Saikhon as trustees of the Saikhon Family Trust, and the trust itself (collectively Trust).

On February 3, 1993, Trust petitioned for a writ of mandate in superior court seeking to halt the ALRB proceedings as in excess of jurisdiction. Specifically, Trust claimed the backpay orders were final under Labor Code

1

section 1160.3

2

and could not be modified by the ALRB because the record had already been filed in this court. The superior court granted Trust’s ex parte application for a stay and set a hearing for February 24. The ALRB then petitioned this court to halt the superior court proceedings, arguing it had the authority to seek derivative liability against Trust as part of enforcing compliance with its orders. We stayed the superior court action pending resolution of this petition.

Discussion

Trust contends the ALRB is too late in seeking derivative liability. It argues derivative liability is properly pursued in the second phase of bifurcated liability-compliance proceedings and here the orders are final. Company argues the ALRB should pursue derivative liability in the superior court as part of the enforcement process. Union and the ALRB respond derivative liability is properly determined by the ALRB and Trust may seek review in this court.