California 2011-2012 Regular Session Status: Enacted

SB 126 — Agricultural labor relations.

Last action — Chaptered by Secretary of State. Chapter 697, Statutes of 2011.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 27, 2011. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 11 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law prohibits employers from engaging in unfair labor practices, including interfering in the election by agricultural employees of labor representatives to engage in collective bargaining for the designated bargaining units. Existing law provides that, within 5 days after the above-described election, any person may file with the Agricultural Labor Relations Board a signed petition that, among other things, objects to the conduct of the election or conduct affecting the results of the election. Upon receipt of the petition, existing law requires the board to conduct a hearing to determine whether the election shall be certified. Existing law permits the board to refuse to certify the election if it finds, among other things, that misconduct affecting the results of the election occurred. Existing law also provides for elections to decertify a labor organization, as specified. This bill would provide that if the board refuses to certify an election regarding certification of a labor organization because of employer misconduct that, in addition to affecting the results of the election, would render slight the chances of a new election reflecting the free and fair choice of employees, the labor union shall be certified as the exclusive bargaining representative for the bargaining unit. This bill would specify, with regard to the above-described elections regarding certification or decertification, time limits pertaining to the scheduling of hearings on election objections and challenges to ballots and the issuance of decisions by the board with respect to those objections and challenges. Under existing law, whenever it is charged that a person has engaged in or is engaging in certain unfair labor practices, the board has the power to issue and cause to be served upon the person a complaint stating the charges and containing a notice of hearing, as specified, not less than 5 days after the serving of the complaint. Under existing law, the board has the power, upon issuance of the above-described complaint, to petition the superior court in any county wherein the unfair labor practice in question is alleged to have occurred, or wherein the person resides or transacts business, for appropriate temporary relief or a restraining order. Existing law grants the court jurisdiction to grant that relief. This bill would specify what the court is to consider in determining whether temporary relief or a restraining order is just and proper. This bill would provide that when the alleged unfair labor practice is such that, by its nature, it would interfere with the free choice of employees to choose or not choose an exclusive bargaining representative, appropriate temporary relief or a restraining order shall issue on a showing that reasonable cause exists to believe that the unfair labor practice has occurred. This bill would provide that the order shall remain in effect until an election has been held or for 30 days, whichever occurs first. This bill would provide that the temporary relief or restraining order shall not be stayed pending appeal. Existing law specifies the time for filing a declaration by an agricultural employer or a certified labor organization representing agricultural employees that the parties have failed to reach a collective bargaining agreement, thus triggering mandatory mediation. Under existing law, the declaration may be filed 90 days after a renewed demand to bargain where the parties have failed to reach agreement for at least one year, the employer committed an unfair labor practice, and the parties have not previously had a binding contract between them or 180 days after an initial request to bargain. This bill would, instead, provide that the declaration may be filed 90 days after a renewed demand to bargain, as specified above, 90 days after an initial request to bargain, 60 days after the board has certified the labor organization because of employer misconduct and a finding that would render slight the chances of a new election reflecting the free and fair choice of employees, or 60 days after the board has dismissed a decertification petition upon a finding that the employer has unlawfully initiated, supported, sponsored, or assisted in the filing of a decertification petition. Existing law provides that if, upon the preponderance of the testimony taken, the board is of the opinion that any person named in the above-described complaint has engaged in or is engaging in any unfair labor practice, the board is required to state its findings of fact and issue and cause to be served on the person an order requiring the person to cease and desist from the unfair labor practice. Existing law specifies how certification and the record of investigation are to be handled whenever the cease and desist order is based in whole or in part upon the facts certified following an investigation pertaining to elections of bargaining unit representatives, and there is a petition for review of the order. This bill would provide that the filing of the above-described petition for review of the order shall not be grounds for a stay of proceedings pertaining to mandatory mediation.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 697, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Assembly amendments concurred in. (Ayes 23. Noes 14. Page 2480.) Ordered to engrossing and enrolling.

  5. From committee: That the Assembly amendments be concurred in. (Ayes 5. Noes 1. Page 2499.)

  6. From committee: Be re-referred to Com. on L. & I.R. pursuant to Senate Rule 29.10. (Ayes 3. Noes 0. Page 2442.) Re-referred to Com. on L. & I.R.

  7. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  8. In Senate. Concurrence in Assembly amendments pending.

  9. Read third time. Passed. (Ayes 50. Noes 28. Page 3060.) Ordered to the Senate.

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 5. Noes 2.) (September 6).

  12. Joint Rule 62(a) file notice suspended. (Page 2867.)

  13. Re-referred to Com. on L. & E. pursuant to Assembly Rule 77.2.

  14. Ordered to third reading.

  15. Read third time and amended. (Ayes 49. Noes 25. Page 2861.)

  16. Assembly Rule 69 suspended. (Ayes 48. Noes 27. Page 2805.)

  17. Ordered to third reading.

  18. From consent calendar.

  19. Read second time. Ordered to consent calendar.

  20. From committee: Do pass. Ordered to consent calendar. (Ayes 16. Noes 0.) (July 13).

  21. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0.) (June 28). Re-referred to Com. on APPR.

  22. From committee: Do pass and re-refer to Com. on B., P. & C.P. with recommendation: To consent calendar. (Ayes 14. Noes 0.) (June 20). Re-referred to Com. on B., P. & C.P.

  23. Referred to Coms. on TRANS. and B., P. & C.P.

  24. In Assembly. Read first time. Held at Desk.

  25. Read third time. Passed. (Ayes 39. Noes 0. Page 1067.) Ordered to the Assembly.

  26. Ordered to special consent calendar.

  27. Read second time. Ordered to third reading.

  28. From committee: Do pass. (Ayes 9. Noes 0. Page 929.) (May 9).

  29. Set for hearing May 9.

  30. Set for hearing May 2.

  31. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0. Page 643.) (April 12). Re-referred to Com. on APPR.

  32. Set for hearing April 12.

  33. Set, first hearing. Hearing canceled at the request of author.

  34. Set for hearing March 29.

  35. Referred to Com. on T. & H.

  36. From printer. May be acted upon on or after February 27.

  37. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Alejo · Cosponsor
  • Steinberg · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 5 voted No

Sponsors (1)

  • Steinberg

Co-sponsors (1)

  • Alejo

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB126 Steinberg Concurrence

Passed 23 Yea · 14 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 211402
Democratic 2000
Republican 0001
Total 231403
% of votes cast 58%35%0%8%
How each member voted (40)
Member Party Vote
Yee — Not Voting
Hancock — Yea
Wyland — Nay
Cannella — Nay
Evans — Yea
Corbett — Yea
Fuller — Nay
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Hernandez — Yea
Dutton — Nay
Huff — Nay
Leno — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Runner — Nay
Harman — Nay
Blakeslee — Nay
Simitian — Not Voting
Alquist — Yea
Anderson — Nay
Kehoe — Yea
Lieu — Yea
Vargas — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Emmerson — Nay
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

SB 126 Steinberg Senate Third Reading By ALEJO

Passed 50 Yea · 28 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 492602
Democratic 1000
Total 502802
% of votes cast 63%35%0%3%
How each member voted (80)
Member Party Vote
Hall — Yea
Feuer — Yea
Butler — Yea
Carter — Yea
Hill — Yea
Fong — Yea
Allen — Yea
Cedillo — Yea
Yamada — Yea
Furutani — Yea
Galgiani — Not Voting
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Nay
Gordon — Yea
Chesbro — Yea
Gorell — Not Voting
Bonilla — Yea
Atkins — Yea
Hagman — Nay
Halderman — Nay
Conway — Nay
Harkey — Nay
Fletcher — Nay
Hayashi — Yea
Hueso — Yea
Huffman — Yea
Beall — Yea
Block — Yea
Cook — Nay
Davis — Yea
Donnelly — Nay
Knight — Nay
Lara — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nestande — Nay
Norby — Nay
Olsen — Nay
Perea — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torres — Yea
Valadao — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Nay
Jeffries — Nay
Ma — Yea
Mansoor — Nay
Nielsen — Nay
Pan — Yea
Skinner — Yea
Swanson — Yea
Wagner — Nay
Williams — Yea
Eng — Yea
Dickinson — Yea
Fuentes — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Yamada — Yea
Furutani — Yea
Allen — Yea
Morrell — Nay
Alejo — Yea
Swanson — Yea
Beth Gaines — Nay

Official roll call →

SB 126 Steinberg Senate Third Reading Amend By ALEJO Set #1

Passed 49 Yea · 25 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 0200
Unaffiliated 482306
Democratic 1000
Total 492506
% of votes cast 61%31%0%8%
How each member voted (80)
Member Party Vote
Yamada — Yea
Butler — Yea
Campos — Yea
Feuer — Yea
Furutani — Yea
Galgiani — Yea
Fong — Yea
Gatto — Yea
Gordon — Yea
Hagman — Nay
Hall — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Hayashi — Yea
Hill — Yea
Cedillo — Yea
Atkins — Yea
Hueso — Yea
Huffman — Yea
Jeffries — Nay
Ammiano — Yea
Beall — Yea
Conway — Nay
Cook — Nay
Dickinson — Yea
Lara — Yea
Logue — Nay
Mendoza — Yea
Monning — Yea
Nestande — Nay
Olsen — Nay
Perea — Yea
Silva — Nay
Smyth — Nay
Swanson — Yea
Torres — Yea
Wagner — Nay
Wieckowski — Yea
Bonilla — Not Voting
Allen — Not Voting
Gorell — Not Voting
Halderman — Nay
Chesbro — Not Voting
Miller — Nay
Morrell — Nay
Donnelly — Nay
Norby — Nay
Achadjian — Not Voting
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Huber — Yea
Knight — Nay
Ma — Yea
Mansoor — Nay
Nielsen — Nay
Pan — Yea
Skinner — Yea
Solorio — Yea
Valadao — Nay
Williams — Yea
Eng — Yea
Davis — Not Voting
Fuentes — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass, to Consent Calendar.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Democratic 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Hall — Yea
Fuentes — Yea
Hill — Yea
Mitchell — Not Voting
Lara — Yea
Campos — Yea
Davis — Yea
Donnelly — Yea
Blumenfield — Yea
Bradford — Yea
Harkey — Yea
Nielsen — Yea
Norby — Yea
Solorio — Yea
Wagner — Yea
Dickinson — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Do pass and be re-referred to the Committee on Business, Professions and Consumer Protection to Consent Calendar.

Passed 14 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 14000
Total 14000
% of votes cast 100%0%0%0%
How each member voted (14)
Member Party Vote
Eng — Yea
Bonilla — Yea
Portantino — Yea
Jeffries — Yea
Logue — Yea
Miller — Yea
Norby — Yea
Solorio — Yea
Achadjian — Yea
Blumenfield — Yea
Buchanan — Yea
Furutani — Yea
Galgiani — Yea
Bonnie Lowenthal — Yea

Official roll call →

Special Consent #3

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Republican 1000
Democratic 2000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Cannella — Yea
Hancock — Yea
Runner — Yea
Lowenthal — Yea
Corbett — Yea
De León — Yea
Negrete McLeod — Yea
Huff — Yea
Rubio — Yea
Dutton — Yea
Kehoe — Yea
Anderson — Yea
Blakeslee — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Walters — Yea
Wolk — Yea
Alquist — Yea
Harman — Not Voting
Hernandez — Yea
Price — Yea
Wright — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Runner — Yea
Kehoe — Yea
Pavley — Yea
Steinberg — Yea
Alquist — Yea
Lieu — Yea
Price — Yea
Walters — Yea
Emmerson — Yea

Official roll call →

Subjects

labor agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 126 do?
Existing law prohibits employers from engaging in unfair labor practices, including interfering in the election by agricultural employees of labor representatives to engage in collective bargaining for the designated bargaining units. Existing law provides that, within 5 days after the above-described election, any person may file with the Agricultural Labor Relations Board a signed petition that, among other things, objects to the conduct of the election or conduct affecting the results of the election. Upon receipt of the petition, existing law requires the board to conduct a hearing to determine whether the election shall be certified. Existing law permits the board to refuse to certify the election if it finds, among other things, that misconduct affecting the results of the election occurred. Existing law also provides for elections to decertify a labor organization, as specified. This bill would provide that if the board refuses to certify an election regarding certification of a labor organization because of employer misconduct that, in addition to affecting the results of the election, would render slight the chances of a new election reflecting the free and fair choice of employees, the labor union shall be certified as the exclusive bargaining representative for the bargaining unit. This bill would specify, with regard to the above-described elections regarding certification or decertification, time limits pertaining to the scheduling of hearings on election objections and challenges to ballots and the issuance of decisions by the board with respect to those objections and challenges. Under existing law, whenever it is charged that a person has engaged in or is engaging in certain unfair labor practices, the board has the power to issue and cause to be served upon the person a complaint stating the charges and containing a notice of hearing, as specified, not less than 5 days after the serving of the complaint. Under existing law, the board has the power, upon issuance of the above-described complaint, to petition the superior court in any county wherein the unfair labor practice in question is alleged to have occurred, or wherein the person resides or transacts business, for appropriate temporary relief or a restraining order. Existing law grants the court jurisdiction to grant that relief. This bill would specify what the court is to consider in determining whether temporary relief or a restraining order is just and proper. This bill would provide that when the alleged unfair labor practice is such that, by its nature, it would interfere with the free choice of employees to choose or not choose an exclusive bargaining representative, appropriate temporary relief or a restraining order shall issue on a showing that reasonable cause exists to believe that the unfair labor practice has occurred. This bill would provide that the order shall remain in effect until an election has been held or for 30 days, whichever occurs first. This bill would provide that the temporary relief or restraining order shall not be stayed pending appeal. Existing law specifies the time for filing a declaration by an agricultural employer or a certified labor organization representing agricultural employees that the parties have failed to reach a collective bargaining agreement, thus triggering mandatory mediation. Under existing law, the declaration may be filed 90 days after a renewed demand to bargain where the parties have failed to reach agreement for at least one year, the employer committed an unfair labor practice, and the parties have not previously had a binding contract between them or 180 days after an initial request to bargain. This bill would, instead, provide that the declaration may be filed 90 days after a renewed demand to bargain, as specified above, 90 days after an initial request to bargain, 60 days after the board has certified the labor organization because of employer misconduct and a finding that would render slight the chances of a new election reflecting the free and fair choice of employees, or 60 days after the board has dismissed a decertification petition upon a finding that the employer has unlawfully initiated, supported, sponsored, or assisted in the filing of a decertification petition. Existing law provides that if, upon the preponderance of the testimony taken, the board is of the opinion that any person named in the above-described complaint has engaged in or is engaging in any unfair labor practice, the board is required to state its findings of fact and issue and cause to be served on the person an order requiring the person to cease and desist from the unfair labor practice. Existing law specifies how certification and the record of investigation are to be handled whenever the cease and desist order is based in whole or in part upon the facts certified following an investigation pertaining to elections of bargaining unit representatives, and there is a petition for review of the order. This bill would provide that the filing of the above-described petition for review of the order shall not be grounds for a stay of proceedings pertaining to mandatory mediation.
Who sponsors SB 126?
SB 126 is sponsored by Alejo and Steinberg.
What is the current status of SB 126?
This bill has been enacted into law. Introduced January 27, 2011. Enacted.
Where can I track SB 126?
Track SB 126 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 126

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 126

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →