Montebello Rose Co. v. Agricultural Labor Relations Bd

In Montebello Rose Co. v. Agricultural Labor Relations Bd. (1981) 119 Cal.App.3d 1, the issue to be determined on appeal was "whether an employer's duty to bargain with the certified employee representative continues beyond the initial certification year absent an extension of the certification period as provided in section 1155.2, subdivision (b) ... ." (Id. at p. 6.) Section 1155.2, subdivision (b) provides: "Upon the filing by any person of a petition not earlier than the 90th day nor later than the 60th day preceding the expiration of the 12-month period following initial certification, the board shall determine whether an employer has bargained in good faith with the currently certified labor organization. If the board finds that the employer has not bargained in good faith, it may extend the certification for up to one additional year, effective immediately upon the expiration of the previous 12-month period following initial certification." The employer had argued that it could not have violated the duty to bargain in good faith with the union because the union's certification period had lapsed; that is, the one-year period of certification specified under section 1155.2, subdivision (b), had expired and no extension had been granted under that section. (Montebello Rose, supra, at pp. 23-24.) The Court disagreed with the employer's argument and concluded that an employer's duty to bargain continues beyond the initial certification year. (Montebello Rose, supra, at pp. 29-30.)