Board Issues Administrative Order 2022-01 – Invitation to Public to File Amicus Briefs Regarding Treatment of Misclassification Under the Agricultural Labor Relations Act

Board Issues Administrative Order 2022-01 - Invitation to Public to File Amicus Briefs Regarding Treatment of Misclassification Under the Agricultural Labor Relations Act

On Monday, March 28, 2022, the Agricultural Labor Relations Board issued an administrative order in the case of Cinagro Farms, Inc., 2017-CE-008-SAL inviting the parties and interested amici to file briefs addressing several issues related to how misclassification of workers should be handled under the Agricultural Labor Relations Act. 

To aid in the consideration of these issues, the Board is inviting the parties and interested amici to address the following questions:

(1)    Is the ALRB bound by Labor Code section 1148 to follow the National Labor Relations Board decision, Velox Express, Inc. (2019) 368 NLRB No. 61?

(2)    If the ALRB is not bound to follow Velox Express, should the Board adopt a rule finding an agricultural employer’s misclassification of agricultural employees as independent contractors constitutes a per se violation of Labor Code section 1153, subdivision (a)?

(3)    If the Board finds an agricultural employer willfully misclassified agricultural employees as independent contractors, what is the scope of the Board’s authority to assess civil penalties pursuant to Labor Code section 226.8, if any?

The parties and any interested amici may file briefs not exceeding 20 pages in length on or before May 27, 2022. The parties (but not amici) may file responsive briefs not exceeding 30 pages in length no later than June 13, 2022. No other briefs will be accepted. Motions for extensions of time will not be granted absent extraordinary circumstances. All briefs shall be filed with the Board electronically pursuant to Board Regulation 20169 (Cal. Code Regs., tit. 8, § 20169).

The parties and amici are reminded to serve all case participants.

NameRepresentative or CounselContact Information
Cinagro Farms, Inc.Robert P. Roy
Michael P. Roy
Ventura County Agricultural Association
916 West Ventura Boulevard
Camarillo, CA 93010

Rob-VCAA@PacBell.net
Mike-VCAA@PacBell.net
ALRB General CounselJulia L. Montgomery
Franchesca C. Herrera
Jessica Arciniega
Gabriela Correa
Agricultural Labor Relations Board
1325 J Street, Ste. 1900
Sacramento, CA 95814
Julia.Montgomery@alrb.ca.gov

Agricultural Labor Relations Board
342 Pajaro Street
Salinas, CA 93901
Franchesca.Herrera@alrb.ca.gov

Agricultural Labor Relations Board
1901 N. Rice Avenue, Ste. 300
Oxnard, CA 93030
Jessica.Arciniega@alrb.ca.gov
Gabriela.Correa@alrb.ca.gov
Charging PartyMarisol Jimenez508 North Hill Street, #10
Oxnard, CA 93033

Selected case pleadings and transcripts are reproduced below and a copy of the Board’s administrative order is available at Board Administrative Orders (2022). Additional case pleadings may be requested by e-mailing Santiago.Avila-Gomez@alrb.ca.gov.

DateDocument Description
June 10, 2020Complaint
June 17, 2020Answer to Complaint
February 11, 2021First Amended Complaint
February 11, 2021Answer to First Amended Complaint
May 12, 2021General Counsel’s Post Hearing Brief
May 12, 2021Respondent’s Post Hearing Brief
May 28, 2021General Counsel’s Post Hearing Reply Brief
May 28, 2021Respondent’s Post Hearing Reply Brief
October 27, 2021Administrative Law Judge’s Decision
December 1, 2021General Counsel’s Exceptions and Brief in Support of Exceptions
December 1, 2021Respondent’s Exceptions and Brief in Support of Exceptions
December 13, 2021General Counsel’s Reply to Respondent’s Exceptions
December 13, 2021Respondent’s Reply to General Counsel’s Exceptions
February 23, 2021Hearing Transcript – Volume 1
February 24, 2021Hearing Transcript – Volume 2
February 25, 2021Hearing Transcript – Volume 3
February 26, 2021Hearing Transcript – Volume 4
March 1, 2021Hearing Transcript – Volume 5
March 2, 2021Hearing Transcript – Volume 6
March 3, 2021Hearing Transcript – Volume 7
May 27, 2022General Counsel's Brief on the Applicability of Velox Express, Inc.
May 27, 2022Respondent's Supplemental Brief in Response to ALRB's Order Re: Misclassification of Employees
May 27, 2022Brief of
Amicus Curiae - CRLA and CRLAF

May 27, 2022Brief of Barsamian & Moody as Amicus Curiae in Support of Response to Administrative Order No. 2022-01
May 27, 2022Amicus Brief of UFCW Western States Council and Teamsters Joint Counsel 7