Board Issues Decision Clarifying Scope of Its Standard Notice-Mailing Remedy

On February 21, 2023, the Agricultural Labor Relations Board issued a decision clarifying the scope of its standard notice-mailing remedy. In this case, the General Counsel issued a complaint alleging respondent Zabala Farms of Salinas, LLC (Zabala) unlawfully terminated the employment of charging party Berenice Vargas Martinez (Martinez) after she and other workers protested a reduction in their piece-rate wages. Zabala did not answer the complaint, and the General Counsel moved for entry of default, which the administrative law judge (ALJ) granted. No party filed exceptions, but the Board reviewed the decision sua sponte to correct an error in the notice-mailing remedy ordered by the ALJ. Consistent with ALRB precedent, the Board modified the notice-mailing remedy to require Zabala to mail copies of the Notice to Agricultural Employees to all agricultural employees it employed during a period of one-year commencing with the date of the unfair labor practice it committed.

A copy of the Board’s decision in Zabala Farms of Salinas, LLC (2023) 49 ALRB No. 1 is available here.