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This synopsis of a recent student comment featured in the San Joaquin Agricultural Law Review Volume 28 is part of an ongoing series for Fresno County Bar Association’s Bar Bulletin. The San Joaquin Agricultural Law Review, founded in 1991, is the nation’s first agricultural law review. The San Joaquin Agricultural Law Review is published annually by students of San Joaquin College of Law and is comprised of works from students and professionals from all over the nation. The past 27 Volumes have served as a medium for those most passionate about current legal issues stemming from agriculture’s relationship with the economic and governmental infrastructures of the United States. Authors of articles and comments have been cited by courts of the highest honor, such as the United States District Court for the Eastern District of California, the United States District Court for the Middle District of Tennessee, the California Supreme Court, the Minnesota Supreme Court, the Court of Appeal for the Fifth District of California and the New Mexico Court of Appeals among others. The previous Volumes are available on line at soft30t.com/index.php/law-review. Professional articles are always welcome. Contact Volume 29 SJALR Executive Editor/Community Liaison Editor Danielle Patch at This email address is being protected from spambots. You need JavaScript enabled to view it. for more information.

A High Price for Freedom: Transforming Farm Owners’ Employment Rights into Due Process Protection
By Ali Huda, Juris Doctor
28 San Joaquin Agric. L. Rev. 20 (2019)
San Joaquin Agricultural Law Review

亚洲免费无码中文在线&free欧美高清猪马牛&青青草手机在线免费看In 1975, California enacted the Agriculture Labor Relations Act (“ALRA”) to protect the collective bargaining rights of agricultural farmworkers, largely as a compensable measure in connection with certain shortcomings of National Labor Relations Act. The ALRA enabled farmworkers to unionize and bargain collectively for better wages, hours, and benefits without fear of employer retaliation. But in the decades to follow, numerous elected unions and farm owners failed to execute and certify collective bargaining agreements and the contract formation process became indefinitely stalled.

To compel the creation of collective bargaining agreements, California amended the ALRA in 2002 to include the landmark Contract Dispute Resolution Act (“CDRA”) provisions, creating a method to bargain even if a negotiation impasse threatened to stall the process. The CDRA provided bargaining parties at impasse could elect an arbitrator to resolve the dispute. This is the subject of recent dispute in Gerawan Farming, Inc. v. Agricultural Labor Relations Board (2018) 139 S. Ct. 60, cert denied (U.S. Oct. 1, 2018) (No 17-1375).

Gerawan Farms, Inc. (“Gerawan”) levied a substantive due process challenge against the CDRA provisions, particularly California Labor Code sections 1164 to 1164.13. After losing at the trial level, petitioner Gerawan Farming, Inc. appealed their case to the Fifth District Court of Appeal, which reversed the trial court’s decision and held that the CDRA provisions violated of Gerawan’s constitutional rights. Gerawan Farming, Inc. v. ALRB (2015)187 Cal.Rptr.3d 261, reversed by Gerawan Farming, Inc. v. ALRB (2017)3 Cal. 5th 1118. In reversing the Fifth District Court of Appeals and affirming the trial court decision, the California Supreme Court held that the CDRA provisions were constitutionally valid because no constitutional violation had occurred. Namely, the California Supreme Court held that no fundamental right of employer’s freedom of contract exists within the domain of labor relations. Although the United States Supreme Court denied Gerawan’s petition for review on October 1, 2018, Gerawan’s substantive due process challenge could upend modern labor laws if similar cases arise before the United States Supreme Court’s case docket in the future.

This article assesses whether an employer’s “liberty of contract” fundamental right warrants protection under the Due Process Clause. If so, it is necessary to assess the extent to which protection of that fundamental right would invalidate pre-existing labor laws beyond the ALRA and restrict future union-centric labor legislation designed to protect farmworkers.