Artesia Dairy v. Agricultural Labor Relations Board, 168 Cal. App. 4th 598 (Cal. Ct. App. 2008)

(defendant’s decision excluding certain persons employed by plaintiff from voting on United Farm Workers of America’s (UFW) petition to represent plaintiff’s agricultural employees reversed in part and affirmed in part where (1) nephew of plaintiff’s owners did not fall under the regulation excluding the owner’s children from voter eligibility; (2) based on the evidence presented, defendant correctly concluded that the individual who maintained the lawn area around the dairy was not an agricultural employee; (3) it was appropriate for defendant to apply a substantiality test in determining whether an individual who engaged in childcare and cleaning was an agricultural employee; and (4) substantial evidence supported defendant’s conclusion that the two individuals with supervisory duties were supervisors and thus ineligible to vote).

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