Procedural Guarantees

Gerawan Farming v. Agricultural Labor Relations Board

California unconstitutionally imposes mandatory arbitration for labor contracts in the agricultural sector

Gerawan Farming is a family-owned company that grows grapes and stone fruit in the San Joaquin Valley. Unique in the nation, a California statute compels agricultural employers and their employees’ unions to assent to collective bargaining agreements. Rather than being negotiated at arm’s length, these agreements’ terms are dictated to the parties by a “mediator” who has nearly unlimited discretion to compel the parties’ assent to whatever terms the mediator wishes. A California appellate court struck down this scheme that imposed an unwanted “agreement” on Gerawan, but the California Supreme Court granted review. Representing an array of agricultural and constitutional liberty groups, PLF filed an amicus brief arguing that this compulsory regime is unconstitutional.

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