ALRB litigation update: federal consolidation, court deadlines and pending state challenges

SACRAMENTO Senior Board Counsel Scott Ricciardi told the Agricultural Labor Relations Board that the agency faces multiple active lawsuits challenging ALRB processes, including consolidated federal cases and state-court challenges.

Why it matters: Litigation over the ALRB's procedures could affect how the agency conducts mediation, consultation and majority-support petition processes going forward.

Federal matters: Ricciardi said two federal cases challenging the ALRA's mandatory mediation and consultation process Wonderful Nursery LLC v. ALRB (including Olive Hill Greenhouses Inc.) and Western Growers Association v. ALRBhave been formally consolidated in federal court. He reported a consolidated schedule: plaintiffs are to file a consolidated complaint by July 23, 2025; the board's motion to dismiss the consolidated complaint is due Aug. 13, 2025; and a hearing on the motion to dismiss is set for Sept. 22, 2025. Ricciardi said, "As previously reported, the court formally consolidated these two matters, and there was a new set of deadlines resulting from the consolidation."

State superior-court matters: Ricciardi also reported superior-court challenges to the ALRA's majority support petition statute, naming Chavez v. ALRB (case number BCD25100649) and Baltimore Nurseries, LLC v. ALRB (case number ECB24101649). A case management conference was held July 18 and the court set a further case management conference for Dec. 18, 2025.

Appellate matters: Ricciardi said two appellate matters (case numbers F088515 and F088632) remain pending in the Fifth District Court of Appeal; "Matters are fully briefed, and we are awaiting the setting of oral argument," he reported.

Other notes: Ricciardi closed by saying these are the primary litigation items before the board and that no new developments in the appellate files had occurred since the last report. The reports were presented during open session; no board action was recorded in open session on these litigation items.

Ending note: Ricciardithe board's senior counselspoke for the office's litigation unit; the board received the report and did not take an open-session vote on litigation strategy during this meeting.