California Codes

Cal. Labor Code § 1160.2 (2026)

✓ current as of May 2026

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Whenever it is charged that any person has engaged in or is engaging in any such unfair labor practice, the board, or any agent or agency designated by the board for such purposes, shall have power to issue and cause to be served upon such person a complaint stating the charges in that respect, and containing a notice of hearing before the board or a member thereof, or before a designated agency or agencies, at a place therein fixed, not less than five days after the serving of such complaint. No complaint shall issue based upon any unfair labor practice occurring more than six months prior to the filing of the charge with the board and the service of a copy thereof upon the person against whom such charge is made, unless the person aggrieved thereby was prevented from filing such charge by reason of service in the armed forces, in which event the six-month period shall be computed from the day of his discharge. Any such complaint may be amended by the member, agent, or agency conducting the hearing, or the board in its discretion, at any time prior to the issuance of an order based thereon. The person so complained against shall have the right to file an answer to the original or amended complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint. In the discretion of the member, agent, or agency conducting the hearing or the board, any other person may be allowed to intervene in the proceeding and to present testimony. Any such proceeding shall, so far as practicable, be conducted in accordance with the Evidence Code. All proceedings shall be appropriately reported.

Notes of Decisions

Cited in 7 cases, 1978–2008 · leading case: Coachella Valley Mosquito & Vector Control Dist. v. California Pub. Emp. Relations Bd., 112 P.3d 623 (Cal. 2005).

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Coachella Valley Mosquito & Vector Control Dist. v. California Pub. Emp. Relations Bd., 112 P.3d 623 (Cal. 2005). “(Lab. Code, § 1160.2.) 7 This language tracks the wording of the National Labor Relations Act.”

Belridge Farms v. Agric. Labor Relations Bd., 580 P.2d 665 (Cal. 1978). · cites it 2× “[3] Labor Code section 1160.2 which is identical to NLRA section 10(b) ( 29 U.”

The Termo Co. v. Luther, 169 Cal. App. 4th 394 (Cal. Ct. App. 2008). · cites it 2× “In contrast, where the ALRA is concerned, Labor Code section 1160.2 requires that “a complaint stating the charges,” together with advance notice of a hearing thereon, be served upon a person charged with engaging in unfair labor practices.”

Sunnyside Nurseries, Inc. v. Agric. Labor Relations Bd., 93 Cal. App. 3d 922 (Cal. Ct. App. 1979). “Labor Code section 1160.2 provides that whenever it is charged that an agricultural employer has engaged in unfair labor practices as defined by the Act, there shall be served “a complaint stating the charges in that respect,” upon the employer who “shall have the right to file…”

San Deigo Adult Educators v. Pub. Emp. Relations Bd., 223 Cal. App. 3d 1124 (Cal. Ct. App. 1990). “, Labor Code section 1160.2 which deals with the filing of a complaint charging an unfair labor practice before the Agricultural Labor Relations Board (ALRB).”

Breaux v. Agric. Labor Relations Bd., 217 Cal. App. 3d 730 (Cal. Ct. App. 1990). “On the basis of these charges a regional director of the Board filed a complaint (Lab. Code, § 1160.2) against the UFW. As subsequently amended, the complaint alleged union unfair labor practices (Lab.”

Fresh Int'l Corp. v. Agric. Labor Relations Bd., 805 F.2d 1353 (9th Cir. 1986). “Pursuant to these procedures, the Board is authorized to issue complaints, Cal. Lab.Code § 1160.2, take testimony, make findings of fact and grant relief, Cal.”

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