The California Fifth District Court of Appeal (Fresno) has ruled that Wonderful Nurseries, LLC cannot challenge the certification of the United Farm Workers (UFW) as the bargaining representative of its employees in court before exhausting administrative channels. The court held that the Kern County Superior Court lacked jurisdiction to interfere in ongoing proceedings before the Agricultural Labor Relations Board (ALRB) concerning a Majority Support Petition (MSP or “card check”) filed under Labor Code section 1156.37.
The UFW filed an MSP in early 2024, claiming majority support among Wonderful’s workers. After reviewing evidence, the ALRB certified the UFW as the exclusive bargaining representative. Wonderful objected, alleging misconduct and constitutional violations, and attempted to halt the process through a trial court injunction.
Under California’s Agricultural Labor Relations Act, employers may not challenge union certification directly in court unless the challenge arises as part of an unfair labor practice proceeding. The appellate court reiterated that trial courts may only intervene in “extraordinary” circumstances, such as when the ALRB plainly exceeds its statutory authority and no other judicial review is available. Finding none of these exceptions met, the court ordered the case remanded to the trial court with directions to dismiss Wonderful’s case.
Wonderful Company General Counsel Craig Cooper told Cal Matters “the decision explicitly does not address the merits of Wonderful Nurseries’ constitutional challenge.”
Currently, the company is waiting for the ALRB’s final ruling on the election certification case before considering any additional judicial review in the Court of Appeal. Additionally, consolidated cases filed by Wonderful Nurseries, and Western Growers and Olive Hill Greenhouses, contesting California’s binding mediation law are ongoing in the Fifth District Court of Appeal.