Tirado v. Arizona Agricultural Employment Relations Board

694 P.2d 1236, 143 Ariz. 622, 1985 Ariz. App. LEXIS 455
CourtCourt of Appeals of Arizona
DecidedJanuary 22, 1985
DocketNo. 1 CA-CIV 6829
StatusPublished

This text of 694 P.2d 1236 (Tirado v. Arizona Agricultural Employment Relations Board) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tirado v. Arizona Agricultural Employment Relations Board, 694 P.2d 1236, 143 Ariz. 622, 1985 Ariz. App. LEXIS 455 (Ark. Ct. App. 1985).

Opinion

OPINION

KLEINSCHMIDT, Judge.

The question here is whether an election to decertify a union as the bargaining agent for certain farm workers was valid. The issue turns upon whether a decertification election was held before the union had a fair chance to bargain on behalf of its members. It involves a construction of the Agricultural Employment Relations Act, §§ 23-1381, et seq. We find that the election to decertify the union was valid for two reasons: 1) the union failed to insist on timely certification of the election at which it was originally selected to represent the workers, and 2) the union did not oppose a court order staying the employer’s duty to bargain with the union pending a challenge to the original election.

The procedural history of the case is complex. The points of law bearing on the case overlap and intertwine. In October of 1979, the United Farm Workers of America (UFW) filed a petition with the Arizona Agricultural Employment Relations Board (board) requesting a representation election to determine the entity that would bargain with the Woods Company on behalf of its employees. In November, the board conducted the election and the UFW won the right to bargain. The Woods Company filed an appeal to the board in January of 1980, claiming that some of the temporary workers who voted were ineligible. The board eventually ruled that despite the improper inclusion of certain workers, the union had won a majority of the ballots. While the Woods Company raised other challenges to the election, the board certified the election in December of 1980, over a year after it had taken place.

A week after the board certified the election, the UFW sent a letter to the Woods [624]*624Company demanding that the company bargain. The company refused, claiming that it would seek judicial review of the representation election. In January of 1981, confronted with this resistence, the UFW filed an unfair labor practice complaint with the board charging the Woods Company with having refused to bargain in violation of A.R.S. § 23-1385(A)(5). The board declined to issue an unfair labor practices complaint.

The Woods Company did file a complaint for judicial review of the election with the superior court in February, 1981, and simultaneously requested the court to stay the company’s duty to bargain with the UFW pending a decision on the merits. The UFW moved to dismiss the complaint for lack of jurisdiction and it is uncontested that the union never objected to the requested stay. The superior court denied the motion to dismiss, stayed the company’s duty to bargain and ultimately decided the merits in favor of the union. Finally, in October of 1983, the Arizona Court of Appeals, Division I, upheld the validity of the election. The Woods Company v. Arizona Agricultural Employment Relations Board & United Farm Workers of America, AFL-CIO, 1 CA-CIV 6585 (Ariz. App. Oct. 11, 1983).

While the foregoing appeal was pending, in January of 1982, certain employees of the company apparently became disenchanted with the union’s perceived inability to achieve results. They filed a petition for an election to decertify the UFW as the bargaining representative. Later that month, the board’s hearing officer decided that there was no legal impediment to such a decertification election. An election was held and the workers voted unanimously to decertify the UFW.

The UFW appealed to the board from the hearing officer’s decision sanctioning a decertification election. The board reversed the hearing officer’s decision. It found that the twelve month election bar created by A.R.S. § 23-1389(G) had not yet begun to run as to the original union certification election. The election bar precludes a decertification election if “in the preceding twelve-month period, a valid election shall have been held.” See A.R.S. § 23-1389(G). Because of the uncertainty generated by the employer’s appeal of the original representation election, the board reasoned that the union had not had sufficient opportunity to bargain and that decertification would therefore be unfair. The board believed it should construe the state statute in a manner consistent with federal law, which recognizes the rationale the board applied.

The employees seeking decertification next brought an action in the superior court seeking to overturn the board’s ruling invalidating the decertification election. The court decided that the board had abused its discretion in failing to honor the decertification election. The court set aside the board’s decision and directed a validation of the results of the February decertification election.

The thrust of the UFW’s argument is that the board was right in invalidating the decertification election because it never had a fair chance to represent the employees who had elected it as their bargaining representative. That this is true, it says, was due to the board’s delay of over a year in certifying the election and the court’s order staying the Woods Company’s duty to bargain. The appellees counter this by arguing that the UFW never insisted that the board certify the election within ten days, as it had a right to do, and that it never contested the stay of the Woods Company’s duty to bargain. We find that the appellee’s arguments are correct.

CERTIFICATION WITHIN TEN DAYS IS MANDATORY

Our initial inquiry is whether the provisions of A.R.S. § 23-1387(C) make it mandatory that the board certify a representation election within ten days. Subsection (C) provides in relevant part:

The board may also establish offices in such other cities as it shall deem necessary and shall determine the region to be served by such offices. The board may delegate to the heads of these offices as [625]*625it deems appropriate its powers under § 23-1389, to determine the unit appropriate for the purpose of collective bargaining, to investigate and provide for hearings, to determine whether a question of representation exists and to direct an election by a secret ballot and certify the results of such election within ten days, (emphasis added).

The parties urge conflicting interpretations of the emphasized passage: The UFW claims that the language gives rise to a mere permissive duty to certify an election within ten days, while the employer contends that certification must occur within that time. We disagree with the UFW’s view that the powers listed in subsection (C) are simply a litany of the enumerated powers which the board can delegate to the head of its regional office. We presume that the Arizona legislature intended the phrase “within ten days” to operate fully in accordance with its plain meaning. Anderson v. Southwest Savings & Loan Ass’n, 117 Ariz. 246, 571 P.2d 1042 (App.1977). The language of the statute is a command.

The distinction between the Arizona statute and the National Labor Relations Act (NLRA) on this point is instructive. The analog of A.R.S.

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Related

Brooks v. National Labor Relations Board
348 U.S. 96 (Supreme Court, 1954)
Babbitt v. United Farm Workers National Union
442 U.S. 289 (Supreme Court, 1979)
Anderson v. Southwest Savings & Loan Ass'n
571 P.2d 1042 (Court of Appeals of Arizona, 1977)

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Bluebook (online)
694 P.2d 1236, 143 Ariz. 622, 1985 Ariz. App. LEXIS 455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tirado-v-arizona-agricultural-employment-relations-board-arizctapp-1985.