- District 29
Existing law, the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975, grants agricultural employees the right to form and join labor organizations and engage in collective bargaining with respect to wages, terms of employment, and other employment conditions, and authorizes employees to elect exclusive bargaining representatives for these purposes. Existing law creates the Agricultural Labor Relations Board (board) and prescribes its composition, duties, and powers. Existing law authorizes the board to hold hearings and conduct investigations and requires that certain procedures be the exclusive method of redressing unfair labor practices. Under existing law, any person who willfully resists, prevents, or interferes with a member of the board or its agents or agencies in the performance of their duties is guilty of a misdemeanor. This bill would authorize a labor organization to obtain an employer's employee list from the board upon providing written notice, as specified, to the appropriate regional office of the board of an intention to organize the agricultural employees of the same employer, accompanied by proof of service of the notice upon the employer. The bill would require the regional office to inform the employer of the date and time of the filing of the notice. The bill would require an employer to submit an employee list to the regional office within 5 days from the date of filing of the notice of intention to organize and, if the employer contends that the unit named in the notice is inappropriate, the bill would require the employer to submit written arguments to support its contention. The bill would require the regional director to determine if specified requirements for the notice have been satisfied and, if so, to make the employee list available to the filing labor organization. The bill would also require the regional director to make the list available to other labor organizations, as specified. The bill would prohibit requiring an employer to provide more than one employee list within a 30-day period. By expanding the definition of a crime, this bill would impose a state-mandated local program. Existing law requires the board to certify the results of an election conducted by secret ballot of employees in a collective bargaining unit to designate a collective bargaining representative, unless the board determines there are sufficient grounds to refuse to do so. Existing law further provides that if the board refuses to certify an election because of employer misconduct that would render slight the chances of a new election reflecting the free and fair choice of employees, the labor organization shall be certified as the bargaining representative for the bargaining unit. This bill would refer to the secret ballot election as a polling place election. This bill would also permit agricultural employees, as an alternative election procedure, to select their labor representatives through a representation ballot card election by submitting a petition to the board supported by representation ballot cards signed by a majority of employees in the bargaining unit and meeting certain requirements. Among other things, the bill would require an employer to provide a specified list of current employees and, if an employer fails to make a complete and timely response, the bill would require the board to assess a fine of up to $10,000. By expanding the definition of a crime, this bill would impose a state-mandated local program. This bill would require the board to conduct an immediate investigation regarding the validity of the petition and the supporting representation ballot cards and, within 5 days after receiving a petition, to make an administrative decision regarding whether the petition meets certain requirements and whether the labor organization submitted the requisite number of cards. The bill would require the board to certify the labor organization as the exclusive bargaining representative if the board determines that the labor organization has submitted the required number of representation ballot cards and the cards meet specified criteria. This bill would prescribe civil penalties to be imposed upon an agricultural employer who commits an unfair labor practice in an amount not to exceed $10,000 for each violation, and would increase that sum to an amount not to exceed $25,000 for specified violations. The bill would require the board to consider specified factors in determining the amount of a civil penalty pursuant to these provisions. The bill would also authorize the board to impose personal liability for these penalties upon a director or officer of an employer in certain circumstances. Existing law authorizes a person aggrieved by the final order of the board granting or denying in whole or in part the relief sought for an unfair labor practice, to obtain a review of the order in a specified court of appeal by filing in the court a written petition requesting that the order of the board be modified or set aside. This bill would require an employer who appeals or petitions for a writ of review of any order of the board involving make-whole, backpay, or other monetary awards to employees, to post an appeal bond in the amount of the entire economic value of the order, as specified, and would provide for the bond to be forfeited under specified conditions. This bill would state that its provisions are severable. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 22. Page 4929.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 12. Noes 4.) (May 19).
Measure version as amended on March 24 corrected.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 20). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
From printer. May be heard in committee March 18.
Read first time. To print.
|Bill Text Versions||Format|
|02/15/22 - Introduced|
|03/24/22 - Amended Assembly|
|04/18/22- Assembly Labor and Employment|
|05/09/22- Assembly Appropriations|
|05/20/22- ASSEMBLY FLOOR ANALYSIS|
|06/21/22- Senate Committee on Labor, Public Employment and Retirement|
|06/22/22- Senate Committee on Labor, Public Employment and Retirement|
|06/25/22- Senate Judiciary|
|07/29/22- Senate Appropriations|
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.