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MARTORI BROS. DISTRIBUTORS v. JAMES-MASSENGALE

Nos. 84-6137, 84-6274 and 84-6275.

781 F.2d 1349 (1986)

MARTORI BROS. DISTRIBUTORS, an Arizona partnership; O.P. Murphy Produce Company, Inc., dba O.P. Murphy & Sons, a Texas corporation; J.R. Norton Company, an Arizona corporation; and Mario Saikhon, Inc., a California corporation, Plaintiffs-Appellants-Cross-Appellees, v. Jyrl JAMES-MASSENGALE, Chair; Gregory L. Gonot, Board Member; Patrick Henning, Board Member; John McCarthy, Board Member; Jorge Carrillo, Board Member; Regional Director — El Centro; Regional Director — Salinas; Agricultural Labor Relations Board, State of California, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided January 30, 1986.

As Amended April 1, 1986.

Attorney(s) appearing for the Case

Hersh & Stoll, Wayne A. Hersh, Charley M. Stoll, Alan J. Saxe, Newport Beach, Cal., for plaintiffs-appellants-cross-appellees.

Littler, Mendelson, Fastiff & Tichy, A Professional Corp., Robert K. Carrol, Scott A. Wilson, Samuel F. Hoffman, San Francisco, Cal., for Mario Sikhon, Inc.

Daniel G. Stone, Sol. of the Bd., Nancy C. Smith, Cathy Christian, Deputy Solicitors Agricultural Labor Relations Bd., Sacramento, Cal., for defendants-appellees-cross-appellants.

Before BARNES and REINHARDT, Circuit Judges, and SOLOMON, District Judge.

REINHARDT, Circuit Judge:

I. BACKGROUND

A. Proceedings Below

The appellants (the Employers) are all employers of agricultural laborers. The California Agricultural Labor Relations Board (the ALRB), in several unfair labor practice proceedings, held that all of the Employers violated the Agricultural Labor Relations Act of 1975 (the ALRA), Cal.Lab.Code §§ 1140-1166.3 (Deering 1976 & Supp.1985) by refusing to bargain in good...

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