Agricultural labor relations: labor representative elections: misconduct.
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AB 3094 — Agricultural labor relations: labor representative elections: misconduct.
Last action — From committee: Without further action pursuant to Joint Rule 62(a).
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2017-2018 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 requires the Agricultural Labor Relations 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, that the labor organization shall be certified as the bargaining representative for the bargaining unit. This bill would instead provide that, if the board finds that misconduct by board personnel, the employer, or the labor organization affected the result of the election, the board shall refuse to certify the election and order a new election to be conducted, unless the board finds that misconduct by the employer or labor organization is so egregious that conducting a new election would not likely reflect the free and fair choice of the employees, in which case the board would be required to certify the election against the party that engaged in the misconduct, subject to review by the appropriate appellate court.
Bill Text
What changed in the latest version
1 added · 1 removed1 line(s) added, 1 removed.
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- Introduced 02/16/18 - Introduced Current pdf February 16, 2018
- AB3094 View text html
Action History
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From committee: Without further action pursuant to Joint Rule 62(a).
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In committee: Set, first hearing. Failed passage.
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Referred to Coms. on L. & E. and JUD.
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From printer. May be heard in committee March 19.
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Read first time. To print.
Sponsors
- Joe Patterson · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 1 voted No
Sponsors (1)
- Patterson, Joe Republican
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 0 |
| Unaffiliated | 1 | 4 | 0 | 0 |
| Democratic | 0 | 1 | 0 | 0 |
| Total | 2 | 5 | 0 | 0 |
| % of votes cast | 29% | 71% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Jones-Sawyer | — | Nay |
| Gonzalez Fletcher | — | Nay |
| Mathis | — | Yea |
| McCarty | — | Nay |
| Thurmond | — | Nay |
| Kalra, Ash | Democratic | Nay |
| Flora, Heath | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 3094 do?
- Existing law requires the Agricultural Labor Relations 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, that the labor organization shall be certified as the bargaining representative for the bargaining unit. This bill would instead provide that, if the board finds that misconduct by board personnel, the employer, or the labor organization affected the result of the election, the board shall refuse to certify the election and order a new election to be conducted, unless the board finds that misconduct by the employer or labor organization is so egregious that conducting a new election would not likely reflect the free and fair choice of the employees, in which case the board would be required to certify the election against the party that engaged in the misconduct, subject to review by the appropriate appellate court.
- Who sponsors AB 3094?
- AB 3094 is sponsored by Patterson, Joe (Republican).
- What is the current status of AB 3094?
- This bill died with 2017-2018 Regular Session. It reached “In Committee” 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 AB 3094?
- Track AB 3094 free on One Click Politics — get push/email alerts when it moves.
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