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Administrative Law Keyed to Popper
Andrews v. Agricultural Labor Relations Board
Citation:
623 P.2d 151 (1981)Facts
In 1975, the Agricultural Labor Relations Board appointed Armando Menocal as a temporary Administrative Law Officer to conduct hearings on unfair labor practice charges against Sam Andrews’ Sons, agricultural employers. Menocal was an attorney in private practice with Public Advocates, Inc., a public interest law firm in San Francisco. Upon learning of Menocal’s employment, petitioners’ counsel immediately moved to disqualify him, arguing that his association with a firm that represented Spanish-surnamed persons and farm workers against employers created bias. Menocal denied the motion, stating he had never represented the United Farm Workers Union or any other union, and that his work in race discrimination cases was not equivalent to labor union disputes. During a recess, petitioners appealed to the Board, which ruled against them. They then filed a written declaration with exhibits showing Public Advocates’ representation of farm workers and Spanish-surnamed persons in various cases. Menocal again denied the motion, finding insufficient grounds for bias. After hearings on the merits, Menocal ruled against petitioners on most major issues, and the Board adopted his findings and recommendations.
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