San Diego Nursery Co. v. Agricultural Labor Relations Board

In San Diego Nursery Co. v. Agricultural Labor Relations Board (1979) 100 Cal.App.3d 128, an access issue arose in a different context. After the UFW filed notice of intention to take preelection access to an employer's premises, the employer refused to comply with ALRB regulations requiring the furnishing of employee names and addresses. Pursuant to a "policy of external education" which the court describes as "of ad hoc origin, not formalized in any ALRB regulation or rule, nor provided for in the ALRA," the ALRB sought to take access itself to advise employer and workers of their rights and obligations under the ALRA. The employer denied access, and sought injunctive relief against any ALRB entry. The trial court found that absent express, statutory authorization for access, the ALRB should be enjoined from entering. The ALRB appealed. The appellate court held that a duly promulgated administrative regulation authorizing an unconsented but limited entry upon a grower's work premises by an ALRB representative, in performance of duties imposed by the act, would "transgress no constitutional command." (100 Cal.App.3d at p. 135.) The court also held that an appropriately tailored rule authorizing such prepetition access for a limited purpose would not be prohibited by the ALRA itself, and that the administrative agency would not exceed the authority conferred on it by statute in engaging in such rule making. ( Id. , at p. 141.) The San Diego Nursery Co. court went on to disapprove the board's efforts to take unconsented access on an ad hoc basis rather than pursuant to duly promulgated rules. The value of rule-making over a case-by-case determination was discussed, and the court noted that regulations are adopted after full public consideration and lead to more responsible and certain administrative action.