NISH NOROIAN FARMS v. AGRICULTURAL LABOR RELATIONS BD.

Docket No. L.A. 31787.

35 Cal.3d 726 (1984)

677 P.2d 1170

201 Cal. Rptr. 1

NISH NOROIAN FARMS, Petitioner, v. AGRICULTURAL LABOR RELATIONS BOARD, Respondent; UNITED FARM WORKERS OF AMERICA, AFL-CIO, Real Party in Interest.

Supreme Court of California.

April 2, 1984.


Attorney(s) appearing for the Case

COUNSEL

Marion I. Quesenbery, Patricia J. Rynn and Dressler, Quesenbery, Laws & Barsamian for Petitioner.

Manuel M. Medeiros, Daniel G. Stone, J. Kenneth Donnelly and Ismael A. Castro for Respondent.

Dianna Lyons, Federico G. Chavez, Ellen A. Eggers, Daniel A. Garcia, Ira Gottlieb and Wendy Sones for Real Party in Interest.


OPINION

GRODIN, J.

Under a formula first adopted by the Agricultural Labor Relations Board (ALRB or Board) in Sunnyside Nurseries, Inc. (1977) 3 A.L.R.B. No. 42, backpay owed an unlawfully discharged employee for a particular day may be offset only by wages earned in outside employment on that same day. We granted hearing to consider the contention of Nish Noroian Farms (Noroian) that this formula is not a proper exercise of...

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