Any person aggrieved by the final order of the board granting or denying in whole or in part the relief sought may obtain a review of such order in the court of appeal having jurisdiction over the county wherein the unfair labor practice in question was alleged to have been engaged in, or wherein such person resides or transacts business, by filing in such court a written petition requesting that the order of the board be modified or set aside. Such petition shall be filed with the court within 30 days from the date of the issuance of the board’s order. Upon the filing of such petition, the court shall cause notice to be served upon the board and thereupon shall have jurisdiction of the proceeding. The board shall file in the court the record of the proceeding, certified by the board within 10 days after the clerk’s notice unless such time is extended by the court for good cause shown. The court shall have jurisdiction to grant to the board such temporary relief or restraining order it deems just and proper and in like manner to make and enter a decree enforcing, modifying and enforcing as so modified, or setting aside in whole or in part, the order of the board. The findings of the board with respect to questions of fact if supported by substantial evidence on the record considered as a whole shall in like manner be conclusive.
An order directing an election shall not be stayed pending review, but such order may be reviewed as provided in Section 1158.
If the time for review of the board order has lapsed, and the person has not voluntarily complied with the board’s order, the board may apply to the superior court in any county in which the unfair labor practice occurred or wherein such person resides or transacts business for enforcement of its order. If after hearing, the court determines that the order was issued pursuant to procedures established by the board and that the person refuses to comply with the order, the court shall enforce such order by writ of injunction or other proper process. The court shall not review the merits of the order.
Notes of Decisions
Belridge Farms v. Agric. Labor Relations Bd., 580 P.2d 665 (Cal. 1978).
· cites it 4× “) (1a) Labor Code section 1160.8 enumerates the circumstances under which courts have jurisdiction to review decisions of the board.”
Frink v. Prod, 643 P.2d 476 (Cal. 1982).
· cites it 2× “The statute involved in Tex-Cal, Labor Code section 1160.8, provides: "The findings of the board with respect to questions of fact if supported by substantial evidence on the record considered as a whole shall in like manner be conclusive.”
Int'l Ass'n of Fire Fighters v. Pub. Emp. Relations Bd., 245 P.3d 845 (Cal. 2011).
· cites it 2× “) Because the ALRA was derived from the NLRA and contains a judicial review provision (Lab. Code, § 1160.8) that is, with one exception not relevant here, “identical” (Belridge Farms, at p.”
George Arakelian Farms, Inc. v. Agric. Labor Relations Bd., 783 P.2d 749 (Cal. 1989).
· cites it 2× “(Lab. Code, § 1160.8.) If review of a Board decision is sought, then the appellate court may "make and enter a decree enforcing, modifying and enforcing as so modified, or setting aside in whole or in part, the order of the board.”
Martori Bros. Distributors v. Agric. Labor Relations Bd., 631 P.2d 60 (Cal. 1981).
· cites it 2× “The board further noted that the initial threats did not prompt any discipline and that Silva was reinstated shortly thereafter. It concluded that Steven's condonation of past threats and the statements attributed to Steven and Juan demonstrated that Silva's union activities…”
George Arakelian Farms, Inc. v. Agric. Labor Relations Bd., 111 Cal. App. 3d 258 (Cal. Ct. App. 1980).
· cites it 4× “(Arakelian or petitioner) seeks statutory review (Lab. Code, § 1160.8) of a decision of the *263 Agricultural Labor Relations Board (ALRB or Board) determining that petitioner committed three unfair labor practices and of Board's order based thereon.”
Sunnyside Nurseries, Inc. v. Agric. Labor Relations Bd., 93 Cal. App. 3d 922 (Cal. Ct. App. 1979).
· cites it 2× “The Act, Labor Code section 1160.8, provides that the “petition shall be filed with the court within 30 days from the date of the issuance of the board’s order.”
United Farm Workers of Am. v. Superior Court, 72 Cal. App. 3d 268 (Cal. Ct. App. 1977).
· cites it 2× “If the employer feels that the Board has improperly certified a union as the employees' bargaining representative, its remedy is to refuse to bargain with the union, whereupon the Board will initiate unfair labor practice proceedings against it. At this time the validity of the…”
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