Friday Flurry: Senate Confirms Judge Neil Gorsuch To The U.S. Supreme Court and New ALRB Decision Against the UFW

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Friday Flurry: Senate Confirms Judge Neil Gorsuch To The U.S. Supreme Court and New ALRB Decision Against the UFW

 By: Rebecca A. Hause-Schultz and Kevin Cleveland

Welcome to the Friday Flurry, our attempt to catch up at the end of the week on any legal news that we may have missed during the flurry of stories that came out during the week.

Supreme Court Confirmation

On April 7, 2017, the Senate voted to confirm Tenth Circuit Judge Neil Gorsuch to the U.S. Supreme Court, following his nomination by President Trump. Gorsuch will fill the vacancy left by Justice Scalia. Gorsuch’s confirmation marks the end to the 4-4 deadlocks that we have seen following Justice Scalia’s passing. Judge Gorsuch will be sworn in and participate in this month’s oral arguments starting April 17. You can read more about Judge Gorsuch here in our previous e-blast.

ALRB Decision

On March 24, 2017, the ALRB issued a decision in the case of Mushroom Farms Inc., 43 ALRB No. 1, denying two objections by the United Farm Workers of America (UFW) to an election which saw the United Food and Commercial Workers, Local 5 (UFCW) remain the certified bargaining representative for the employees of Mushroom Farms. The UFW had previously been voted out as the incumbent union at Mushroom Farms in 2016. This legal challenge followed the February 23, 2017 election to decertify the UFCW and have the UFW return to Mushroom Farms. As we reported in our recent Union Activity Update, the UFW lost that election 38 to 32 with two votes for no union. After the election, the UFW objected to the conduct of the election claiming that workers were intimidated and threatened by a UFCW supporter and not apprised of the time of the election. The ALRB found that the declarations filed by the UFW in support of their objections did not state sufficient grounds for the Board to refuse to certify the election.


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