AB 113 — Agricultural labor relations.

Summary

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 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. 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. 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. Existing law refers to the election by secret ballot process as a polling place election. Existing law establishes alternative procedures to the polling place election process to allow a labor organization to be certified as the exclusive bargaining representative of a bargaining unit of agricultural employees through either a labor peace election conducted by mail ballot, or a non-labor peace election, on petition and conducted as prescribed. Under existing law, the applicable procedure is dependent on whether an employer enrolls and agrees to a labor peace election for labor organization representation campaigns. Under existing law, a non-labor peace election requires a petition to be submitted to the board, as specified, including proof of majority support through authorization cards, petitions, or other appropriate proof of majority support of the currently employed employees and subject to investigation and certification by the board. Existing law requires, for both alternative procedures, that an employer respond to the board with regard to a petition, including providing a specified list of employees to the board, which the board is required to provide to the applicable labor organization. Existing law establishes a schedule for agricultural employers to indicate to the board whether they agree to a labor peace compact. Existing law prohibits a labor peace compact from prohibiting an employer from communicating truthful statements to employees regarding workplace policies or benefits, as specified. Existing law requires the board to develop an online web-based labor peace election process that will allow employers to indicate their labor peace choice online, and that will allow labor organizations to see whether a specific agricultural employer has agreed to a labor peace election campaign. Existing law repeals the above-described provisions on January 1, 2028. This bill would establish, until January 1, 2028, a single alternative process that is, in most respects, the same as the non-labor peace election process of existing law, but it would instead be referred to as a Majority Support Petition. The bill would limit the authorization to file a Majority Support Petition to labor organizations that have a specified bargaining agreement covering agricultural employees in place as of the effective date of its provisions. Under the bill, a certification through Majority Support Petition would be a valid election for purposes of limiting board authority to direct elections, as specified. The bill would cap at 75 the number of Majority Support Petitions that result in the certification of a labor organization that are authorized to be conducted under its provisions before January 1, 2028. The bill would require an employer to respond to the board with regard to a Majority Support Petition, including by providing a specified list of employees to the board. By expanding the definition of a crime, this bill would impose a state-mandated local program. The bill would require the board to provide this information immediately to the applicable labor organization. This bill, until January 1, 2028, would also make various conforming changes to account for the Majority Support Petition process, including authorizing the board to certify labor organizations in this connection, establishing that representatives designated by the submission of authorization cards are exclusive agricultural employee representatives, and prohibiting the board from conducting reviews of a majority support petition for a specified period. This bill would require the board, in specified situations, to order proceedings to determine the specific amount of a monetary remedy, and if the monetary remedy is continuing to accrue, the amount accrued as of the date of the board's order. The bill would specify when the board's order becomes final in these situations. The bill would make conforming amendments in this regard in connection with the processing of final board orders. This bill would require an employer who petitions for a writ of review of a final board order, as specified, or who otherwise appeals, petitions, or seeks to overturn or stay or modify any order of the board in which the board has ordered the payment of a monetary remedy to first post a bond with the board in the amount of the entire economic value of the order, as a condition of proceeding. The bill would prescribe the characteristics of the bond and a procedure in connection with its application. The bill would prescribe analogous bond requirements with respect to an employer who seeks review of a final order of the board pursuant to ordering into effect the terms of a mediator's report. The bill would require a mediator's report, in specified instances, to include a statement of the economic value of the collective bargaining agreement as determined by stipulation of the parties or by the mediator. 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. This bill would appropriate $10,000 for the 2022–23 fiscal year from the General Fund to the board to implement the provisions related to agricultural labor relations in the bill. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

• Chaptered 05/15/23 - Chaptered Current pdf May 15, 2023
• Enrolled 05/04/23 - Enrolled pdf May 04, 2023
• Amended 04/28/23 - Amended Senate pdf April 28, 2023
• Amended 02/01/23 - Amended Assembly pdf February 01, 2023
• Introduced 01/09/23 - Introduced pdf January 09, 2023
• AB113 View text html

Action History

1. May 15, 2023

   Chaptered by Secretary of State - Chapter 7, Statutes of 2023.

2. May 15, 2023

   Approved by the Governor.

3. May 04, 2023

   Enrolled and presented to the Governor at 11 a.m.

4. May 04, 2023

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 60. Noes 17. Page 1459.).

5. May 04, 2023

   Assembly Rule 63 suspended. (Page 1458.)

6. May 04, 2023

   Assembly Rule 77 suspended. (Page 1458.)

7. May 04, 2023

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after May 6 pursuant to Assembly Rule 77.

8. May 04, 2023

   Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 9. Page 998.).

9. May 03, 2023

   Read second time. Ordered to third reading.

10. May 02, 2023

    From committee: Do pass. (Ayes 13. Noes 5.) (May 2).

11. April 28, 2023

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.

12. April 12, 2023

    Referred to Com. on B. & F.R.

13. March 23, 2023

    In Senate. Read first time. To Com. on RLS. for assignment.

14. March 23, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 14. Page 835.)

15. March 21, 2023

    Read second time. Ordered to third reading.

16. March 20, 2023

    Ordered to second reading.

17. March 20, 2023

    Withdrawn from committee.

18. March 20, 2023

    Assembly Rule 96 suspended. (Ayes 61. Noes 17. Page 732.)

19. February 02, 2023

    Re-referred to Com. on BUDGET.

20. February 01, 2023

    From committee chair, with author's amendments: Amend, and re-refer to Com. on BUDGET. Read second time and amended.

21. January 26, 2023

    Referred to Com. on BUDGET.

22. January 10, 2023

    From printer. May be heard in committee February 9.

23. January 09, 2023

    Read first time. To print.

Sponsors

• Committee on Budget · Primary

Votes

Subjects