The ALRB did not err in concluding that the UFW’s statement that “we’re through with you” was not a clear and unequivocal disclaimer of the union’s interest in representing the bargaining unit. And, the disclaimer did not become clear and unequivocal merely because the union made no attempt to bargain with the employer during the ensuing 30 years. The ALRB did not err in ordering a make-whole remedy.
California Court of Appeal, Fifth Appellate District (Franson, J.); May 4, 2018 (partial publication); 2018 Cal. App. LEXIS 404