The case involving whether members of the public should be permitted to attend state-approved, closed-door meetings concerning employee contracts has been sent back to the Fresno County Superior Court after the 5^th District Court of Appeal refused to consider the case. The decision was made by a three-justice panel and determined the lower court had made an error when deciding it lacked jurisdiction over the case.

The case began in 2013 when a request was made by Lupe Garcia, a former who wanted to witness meetings between Fresno County-based Gerawan Farming Co., and the United Farm Workers union. The meeting concerned employee contracts – an issue that, as an employee, would affect Garcia a great deal. The two sides were meeting under the California’s mandatory mediation and conciliation process, which is typically when the sides are unable to agree on a contract. These meetings are closed to the general public.

Garcia attempted to attend the meeting but was denied access. The board later stated through an updated policy the public did not have a right to be at the meetings. Gerawan then filed action in Superior Court and accused ALRB of violation the right of public access that is provided under both the state and federal constitution.

According to the panel, the trial court had jurisdiction to reach the issues raised and the decision will be reversed and remanded back to the trial court for further proceedings. This is seen as a victory for Gerawan workers and for Garcia, who will not be able to have a chance for a hearing at which they can be in attendance.