California 2011-2012 Regular Session Status: To Executive

SB 104 — Labor representatives: elections.

Last action — Consideration of Governor's veto stricken from file.

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

This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

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 also provides criminal and civil penalties for any employer or person who engages in unfair labor practices as determined by the Agricultural Labor Relations Board within the Labor and Workforce Development Agency and the courts. Existing law provides for a secret ballot election for employees in agricultural bargaining units, as defined, to select labor organizations to represent them for collective bargaining purposes. This bill would, instead, refer to the above-described secret ballot elections as elections occurring at polling sites. This bill would also permit agricultural employees, as an alternative procedure, to select their labor representatives by submitting a petition to the board accompanied by representation cards signed by a majority of the bargaining unit. The board would be required to conduct an immediate investigation to determine whether to certify the labor organization as the exclusive bargaining representative for the particular agricultural employees. Within 5 days after receiving a petition, the board would be required to make a nonappealable administrative decision. If the board determined that the representation cards meet specified criteria, then the labor organization would be certified as the exclusive bargaining representative. If the board determined that the representation cards were deficient, it would notify the labor organization of the deficiency and grant the labor organization 30 days to submit additional cards. This bill would extend the existing prohibitions and penalties to employers who engage in unfair labor practices with regard to a majority signup election. This bill would require that the board keep the information on the representation cards confidential. By expanding the definition of unfair labor practices for infractions, this bill would create a state-mandated local program. 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.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. In Senate. Consideration of Governor's veto pending.

  3. Vetoed by the Governor.

  4. Enrolled and presented to the Governor at 12:30 p.m.

  5. In Senate. Ordered to engrossing and enrolling.

  6. Read third time. Passed. (Ayes 51. Noes 23. Page 1390.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 12. Noes 3.) (April 13).

  9. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 6). Re-referred to Com. on APPR.

  10. Joint Rule 62(a) suspended. (Ayes 45. Noes 23. Page 808.)

  11. Referred to Com. on L. & E.

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

  13. Read third time. Passed. (Ayes 24. Noes 14. Page 499.) Ordered to the Assembly.

  14. Read second time. Ordered to third reading.

  15. From committee: Do pass. (Ayes 6. Noes 3. Page 382.) (March 17).

  16. Set for hearing March 17.

  17. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 306.) (March 9). Re-referred to Com. on APPR.

  18. Set for hearing March 9.

  19. Referred to Com. on L. & I.R.

  20. From printer. May be acted upon on or after February 12.

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

Sponsors

  • Steinberg · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Steinberg

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

SB 104 Steinberg Senate Third Reading By ALEJO

Passed 51 Yea · 26 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 482403
Democratic 3000
Republican 0200
Total 512603
% of votes cast 64%33%0%4%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Nay
Butler — Yea
Feuer — Yea
Carter — Yea
Cedillo — Yea
Hill — Yea
Alejo — Yea
Huber — Yea
Yamada — Yea
Fuentes — Yea
Furutani — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Nay
Gatto — Yea
Gorell — Not Voting
Campos — Yea
Bonilla — Yea
Atkins — Yea
Halderman — Nay
Hall — Yea
Hayashi — Yea
Fletcher — Nay
Hueso — Yea
Chesbro — Yea
Jeffries — Nay
Knight — Nay
Lara — Yea
Beall — Yea
Block — Yea
Conway — Nay
Cook — Nay
Davis — Yea
Donnelly — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nestande — Nay
Norby — Not Voting
Olsen — Nay
Perea — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Torres — Yea
Valadao — Nay
Wieckowski — Yea
Achadjian — Nay
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Huffman — Yea
Logue — Nay
Ma — Yea
Mansoor — Nay
Nielsen — Nay
Pan — Yea
Skinner — Yea
Swanson — Yea
Wagner — Nay
Williams — Yea
Eng — Yea
Dickinson — Yea
Galgiani — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 3 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 11302
Democratic 1000
Total 12302
% of votes cast 71%18%0%12%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Campos — Yea
Gatto — Yea
Hall — Yea
Harkey — Nay
Hill — Yea
Mitchell — Yea
Lara — Yea
Donnelly — Nay
Nielsen — Nay
Blumenfield — Yea
Bradford — Yea
Norby — Not Voting
Solorio — Yea
Wagner — Not Voting
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading

Passed 24 Yea · 14 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 221302
Democratic 2000
Republican 0100
Total 241402
% of votes cast 60%35%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Kehoe — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Leno — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Wyland — Nay
Runner — Nay
Cannella — Nay
Fuller — Not Voting
Harman — Nay
Hernandez — Not Voting
Anderson — Nay
Blakeslee — Nay
Dutton — Nay
Huff — Nay
Walters — Nay
Alquist — Yea
Steinberg — Yea
Corbett — Yea
Emmerson — Nay
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 6 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6300
Total 6300
% of votes cast 67%33%0%0%
How each member voted (9)
Member Party Vote
Emmerson — Nay
Kehoe — Yea
Runner — Nay
Alquist — Yea
Lieu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Walters — Nay

Official roll call →

Subjects

elections labor
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 104 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 also provides criminal and civil penalties for any employer or person who engages in unfair labor practices as determined by the Agricultural Labor Relations Board within the Labor and Workforce Development Agency and the courts. Existing law provides for a secret ballot election for employees in agricultural bargaining units, as defined, to select labor organizations to represent them for collective bargaining purposes. This bill would, instead, refer to the above-described secret ballot elections as elections occurring at polling sites. This bill would also permit agricultural employees, as an alternative procedure, to select their labor representatives by submitting a petition to the board accompanied by representation cards signed by a majority of the bargaining unit. The board would be required to conduct an immediate investigation to determine whether to certify the labor organization as the exclusive bargaining representative for the particular agricultural employees. Within 5 days after receiving a petition, the board would be required to make a nonappealable administrative decision. If the board determined that the representation cards meet specified criteria, then the labor organization would be certified as the exclusive bargaining representative. If the board determined that the representation cards were deficient, it would notify the labor organization of the deficiency and grant the labor organization 30 days to submit additional cards. This bill would extend the existing prohibitions and penalties to employers who engage in unfair labor practices with regard to a majority signup election. This bill would require that the board keep the information on the representation cards confidential. By expanding the definition of unfair labor practices for infractions, this bill would create a state-mandated local program. 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.
Who sponsors SB 104?
SB 104 is sponsored by Steinberg.
What is the current status of SB 104?
This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 104?
Track SB 104 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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