AB 2183 — Agricultural labor relations: elections.
Last action — Chaptered by Secretary of State - Chapter 673, Statutes of 2022.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 15, 2022. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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50 sponsors
1 primary, 49 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (29 D · 1 R) — cross-party backing.
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Cleared a recorded vote
Passed 9 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, 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. 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 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 election by secret ballot process as a polling place election. The bill would establish alternative procedures to the polling place election and authorize a labor organization to be certified as the exclusive bargaining representative of a bargaining unit through either a labor peace election or a non-labor peace election, as prescribed, dependent on whether an employer enrolls and agrees to a labor peace election for labor organization representation campaigns. The bill would provide that a labor peace election or a non-labor peace election permits a bargaining unit to summarily select a labor organization as its representative for collective bargaining purposes without using the existing polling place process. Under the bill, a labor peace election would be a mail ballot election and a non-labor peace election would establish a process for the submission of a petition with proof of majority support, subject to certification by the board. Among other provisions, the bill would require 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. By expanding the definition of a crime, this bill would impose a state-mandated local program. This bill would establish a schedule for agricultural employers to indicate to the board whether they agree to a labor peace compact, defined to mean an agreement by the employer to, among other things, make no statements for or against union representation to its employees or publicly, in any written or oral form, at any time during employee hire, rehire, or orientation, or after certain documents regarding organization are filed with the board. The bill would prohibit a labor peace compact from prohibiting an employer from communicating truthful statements to employees regarding workplace policies or benefits, as specified. The bill would require 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. This bill would repeal the above provisions on January 1, 2028. 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.
Bill Text
- Chaptered 09/28/22 - Chaptered Current pdf September 28, 2022
- Enrolled 08/30/22 - Enrolled pdf August 30, 2022
- Amended 08/22/22 - Amended Senate pdf August 22, 2022
- Amended 03/24/22 - Amended Assembly pdf March 24, 2022
- Introduced 02/15/22 - Introduced pdf February 15, 2022
- AB2183 View text html
Action History
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Chaptered by Secretary of State - Chapter 673, Statutes of 2022.
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Approved by the Governor.
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Enrolled and presented to the Governor at 4 p.m.
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Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 55. Noes 18.).
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Assembly Rule 77 suspended.
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Assembly Rule 63 suspended.
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In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 31 pursuant to Assembly Rule 77.
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Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 10. Page 5177.).
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Read second time. Ordered to third reading.
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Read third time and amended. Ordered to second reading.
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 5. Noes 2.) (August 11).
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In committee: Referred to suspense file.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (June 28). Re-referred to Com. on APPR.
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From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 0.) (June 22). Re-referred to Com. on JUD.
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Referred to Coms. on L., P.E. & R. and JUD.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 22. Page 4929.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 12. Noes 4.) (May 19).
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In committee: Set, first hearing. Referred to suspense file.
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Measure version as amended on March 24 corrected.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 20). Re-referred to Com. on APPR.
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Coauthors revised.
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Re-referred to Com. on L. & E.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
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Referred to Com. on L. & E.
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From printer. May be heard in committee March 18.
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Read first time. To print.
Sponsors
- Isaac G. Bryan · Cosponsor
- Ash Kalra · Cosponsor
- Eloise Gómez Reyes · Cosponsor
- Cecilia M. Aguiar-Curry · Cosponsor
- Joaquin Arambula · Cosponsor
- Steve Bennett · Cosponsor
- Marc Berman · Cosponsor
- Mia Bonta · Cosponsor
- Lisa Calderon · Cosponsor
- Sabrina Cervantes · Cosponsor
- Friedman · Cosponsor
- Jesse Gabriel · Cosponsor
- Mike A. Gipson · Cosponsor
- Holden · Cosponsor
- Jones-Sawyer · Cosponsor
- Alex Lee · Cosponsor
- Low · Cosponsor
- Maienschein · Cosponsor
- McCarty · Cosponsor
- Medina · Cosponsor
- Mullin · Cosponsor
- Quirk · Cosponsor
- James C. Ramos · Cosponsor
- Robert Rivas · Cosponsor
- Salas · Cosponsor
- Santiago · Cosponsor
- Ting · Cosponsor
- Christopher M. Ward · Cosponsor
- Weber Pierson, M.D., Akilah · Cosponsor
- Buffy Wicks · Cosponsor
- Wood · Cosponsor
- Josh Becker · Cosponsor
- Dave Cortese · Cosponsor
- Maria Elena Durazo · Cosponsor
- Hueso · Cosponsor
- Kamlager · Cosponsor
- Leyva · Cosponsor
- Monique Limón · Cosponsor
- Mike McGuire · Cosponsor
- Newman · Cosponsor
- Skinner · Cosponsor
- Henry I. Stern · Cosponsor
- Wieckowski · Cosponsor
- Scott D. Wiener · Cosponsor
- Robert Rivas · Cosponsor
- Robert Garcia · Cosponsor
- Juan Carrillo · Cosponsor
- Jeff Gonzalez · Cosponsor
- Robert Garcia · Cosponsor
- Mark Stone · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 49 co-sponsors · 72 not signed on · 15 voted No
Sponsors (1)
Co-sponsors (49)
- Bryan, Isaac G. Democratic
- Kalra, Ash Democratic
- Reyes, Eloise Gómez Democratic
- Aguiar-Curry, Cecilia M. Democratic
- Arambula, Joaquin Democratic
- Bennett, Steve Democratic
- Berman, Marc Democratic
- Bonta, Mia Democratic
- Calderon, Lisa Democratic
- Cervantes, Sabrina Democratic
- Friedman
- Gabriel, Jesse Democratic
- Gipson, Mike A. Democratic
- Holden
- Jones-Sawyer
- Lee, Alex Democratic
- Low
- Maienschein
- McCarty
- Medina
- Mullin
- Quirk
- Ramos, James C. Democratic
- Rivas, Robert Democratic
- Salas
- Santiago
- Ting
- Ward, Christopher M. Democratic
- Weber Pierson, M.D., Akilah Democratic
- Wicks, Buffy Democratic
- Wood
- Becker, Josh Democratic
- Cortese, Dave Democratic
- Durazo, Maria Elena Democratic
- Hueso
- Kamlager
- Leyva
- Limón, Monique Democratic
- McGuire, Mike Democratic
- Newman
- Skinner
- Stern, Henry I. Democratic
- Wieckowski
- Wiener, Scott D. Democratic
- Rivas, Robert Democratic
- Garcia, Robert Democratic
- Carrillo, Juan Democratic
- Gonzalez, Jeff Republican
- Garcia, Robert Democratic
Not signed on (72)
72 members have not signed on to this bill.
Show all 72 →"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 |
|---|---|---|---|---|
| Democratic | 29 | 1 | 0 | 2 |
| Unaffiliated | 26 | 11 | 0 | 2 |
| Republican | 0 | 6 | 0 | 3 |
| Total | 55 | 18 | 0 | 7 |
| % of votes cast | 69% | 23% | 0% | 9% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Bloom | — | Yea |
| Friedman | — | Yea |
| Rendon | — | Yea |
| Mullin | — | Yea |
| Holden | — | Yea |
| Villapudua | — | Yea |
| Salas | — | Yea |
| Jones-Sawyer | — | Yea |
| Santiago | — | Yea |
| Maienschein | — | Yea |
| Rodriguez | — | Yea |
| Quirk | — | Yea |
| Wood | — | Yea |
| Nazarian | — | Yea |
| Ting | — | Yea |
| Low | — | Yea |
| O'Donnell | — | Yea |
| Levine | — | Yea |
| Daly | — | Yea |
| McCarty | — | Yea |
| Medina | — | Yea |
| Gray | — | Nay |
| Smith | — | Nay |
| Voepel | — | Nay |
| Waldron | — | Nay |
| Cunningham | — | Nay |
| Mathis | — | Nay |
| Kiley | — | Nay |
| Mayes | — | Nay |
| Bigelow | — | Nay |
| Cooley | — | Not Voting |
| Cooper | — | Not Voting |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Nay |
| Luz Rivas | — | Yea |
| Mark Stone | — | Yea |
| Vince Fong | — | Nay |
| Wendy Carrillo | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Alvarez, David | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Bennett, Steve | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Boerner, Tasha | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Haney, Matt | Democratic | Yea |
| Irwin, Jacqui | Democratic | Not Voting |
| Kalra, Ash | Democratic | Yea |
| Lee, Alex | Democratic | Yea |
| McKinnor, Tina | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Nay |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Ramos, James C. | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Yea |
| Ward, Christopher M. | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Wilson, Lori D. | Democratic | Not Voting |
| Chen, Phillip | Republican | Not Voting |
| Choi, Steven S. | Republican | Not Voting |
| Dahle, Megan | Republican | Nay |
| Davies, Laurie | Republican | Nay |
| Flora, Heath | Republican | Not Voting |
| Gallagher, James | Republican | Nay |
| Lackey, Tom | Republican | Nay |
| Seyarto, Kelly | Republican | Nay |
| Valladares, Suzette Martinez | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 11 | 0 | 0 | 2 |
| Unaffiliated | 15 | 6 | 0 | 2 |
| Republican | 0 | 4 | 0 | 0 |
| Total | 26 | 10 | 0 | 4 |
| % of votes cast | 65% | 25% | 0% | 10% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Newman | — | Yea |
| Min | — | Yea |
| Atkins | — | Yea |
| Roth | — | Yea |
| Eggman | — | Yea |
| Rubio | — | Yea |
| Kamlager | — | Yea |
| Gonzalez | — | Yea |
| Hueso | — | Yea |
| Pan | — | Yea |
| Hertzberg | — | Yea |
| Portantino | — | Yea |
| Leyva | — | Yea |
| Wieckowski | — | Yea |
| Skinner | — | Yea |
| Wilk | — | Nay |
| Glazer | — | Nay |
| Borgeas | — | Nay |
| Nielsen | — | Nay |
| Melendez | — | Nay |
| Bates | — | Nay |
| Bradford | — | Not Voting |
| Dodd | — | Not Voting |
| Allen, Benjamin | Democratic | Yea |
| Archuleta, Bob | Democratic | Yea |
| Becker, Josh | Democratic | Yea |
| Caballero, Anna M. | Democratic | Not Voting |
| Cortese, Dave | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Hurtado, Melissa | Democratic | Not Voting |
| Laird, John | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Dahle, Megan | Republican | Nay |
| Grove, Shannon | Republican | Nay |
| Jones, Brian W. | Republican | Nay |
| Ochoa Bogh, Rosilicie | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 2 | 0 | 0 | 0 |
| Unaffiliated | 3 | 1 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 5 | 2 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Portantino | — | Yea |
| Bradford | — | Yea |
| Wieckowski | — | Yea |
| Bates | — | Nay |
| Laird, John | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Jones, Brian W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 0 |
| Unaffiliated | 5 | 0 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Bradford | — | Yea |
| Kamlager | — | Yea |
| Bates | — | Yea |
| Wieckowski | — | Yea |
| Portantino | — | Yea |
| Laird, John | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 6 | 0 | 0 | 1 |
| Unaffiliated | 2 | 0 | 0 | 1 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 8 | 1 | 0 | 2 |
| % of votes cast | 73% | 9% | 0% | 18% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Hertzberg | — | Yea |
| Wieckowski | — | Yea |
| Borgeas | — | Not Voting |
| Caballero, Anna M. | Democratic | Not Voting |
| Cortese, Dave | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Jones, Brian W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 1 | 0 | 0 | 0 |
| Democratic | 3 | 0 | 0 | 0 |
| Republican | 0 | 0 | 0 | 1 |
| Total | 4 | 0 | 0 | 1 |
| % of votes cast | 80% | 0% | 0% | 20% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Newman | — | Yea |
| Cortese, Dave | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Laird, John | Democratic | Yea |
| Ochoa Bogh, Rosilicie | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 25 | 1 | 0 | 4 |
| Unaffiliated | 24 | 12 | 0 | 3 |
| Republican | 0 | 9 | 0 | 0 |
| Total | 49 | 22 | 0 | 7 |
| % of votes cast | 63% | 28% | 0% | 9% |
How each member voted (78)
| Member | Party | Vote |
|---|---|---|
| Bloom | — | Yea |
| Friedman | — | Yea |
| Rendon | — | Yea |
| Mullin | — | Yea |
| Holden | — | Yea |
| Salas | — | Yea |
| Jones-Sawyer | — | Yea |
| Santiago | — | Yea |
| Maienschein | — | Yea |
| Rodriguez | — | Yea |
| Quirk | — | Yea |
| Wood | — | Yea |
| Nazarian | — | Yea |
| Ting | — | Yea |
| Low | — | Yea |
| Levine | — | Yea |
| Daly | — | Yea |
| McCarty | — | Yea |
| Medina | — | Yea |
| Voepel | — | Nay |
| Cooley | — | Nay |
| Mathis | — | Nay |
| Bigelow | — | Nay |
| Kiley | — | Nay |
| Mayes | — | Nay |
| Waldron | — | Nay |
| Gray | — | Nay |
| Smith | — | Nay |
| Cunningham | — | Nay |
| Cooper | — | Not Voting |
| Villapudua | — | Not Voting |
| O'Donnell | — | Not Voting |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Jim Patterson | — | Nay |
| Luz Rivas | — | Yea |
| Mark Stone | — | Yea |
| Vince Fong | — | Nay |
| Wendy Carrillo | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Bauer-Kahan, Rebecca | Democratic | Yea |
| Bennett, Steve | Democratic | Yea |
| Berman, Marc | Democratic | Not Voting |
| Boerner, Tasha | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Haney, Matt | Democratic | Yea |
| Irwin, Jacqui | Democratic | Not Voting |
| Kalra, Ash | Democratic | Yea |
| Lee, Alex | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Nay |
| Petrie-Norris, Cottie | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Not Voting |
| Ramos, James C. | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Rubio, Blanca E. | Democratic | Not Voting |
| Ward, Christopher M. | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Wicks, Buffy | Democratic | Yea |
| Wilson, Lori D. | Democratic | Yea |
| Chen, Phillip | Republican | Nay |
| Choi, Steven S. | Republican | Nay |
| Dahle, Megan | Republican | Nay |
| Davies, Laurie | Republican | Nay |
| Flora, Heath | Republican | Nay |
| Gallagher, James | Republican | Nay |
| Lackey, Tom | Republican | Nay |
| Seyarto, Kelly | Republican | Nay |
| Valladares, Suzette Martinez | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 2 | 0 | 0 |
| Democratic | 7 | 0 | 0 | 0 |
| Republican | 0 | 2 | 0 | 0 |
| Total | 12 | 4 | 0 | 0 |
| % of votes cast | 75% | 25% | 0% | 0% |
How each member voted (16)
| Member | Party | Vote |
|---|---|---|
| Levine | — | Yea |
| Holden | — | Yea |
| Quirk | — | Yea |
| Bigelow | — | Nay |
| Eduardo Garcia | — | Yea |
| Vince Fong | — | Nay |
| Wendy Carrillo | — | Yea |
| Bryan, Isaac G. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Gabriel, Jesse | Democratic | Yea |
| Rivas, Robert | Democratic | Yea |
| Weber Pierson, M.D., Akilah | Democratic | Yea |
| Wilson, Lori D. | Democratic | Yea |
| Dahle, Megan | Republican | Nay |
| Davies, Laurie | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 4 | 0 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Republican | 0 | 2 | 0 | 0 |
| Total | 5 | 2 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Jones-Sawyer | — | Yea |
| Kalra, Ash | Democratic | Yea |
| Lee, Alex | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Ward, Christopher M. | Democratic | Yea |
| Flora, Heath | Republican | Nay |
| Seyarto, Kelly | Republican | Nay |
Subjects
Frequently asked questions
- What does AB 2183 do?
- 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. 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 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 election by secret ballot process as a polling place election. The bill would establish alternative procedures to the polling place election and authorize a labor organization to be certified as the exclusive bargaining representative of a bargaining unit through either a labor peace election or a non-labor peace election, as prescribed, dependent on whether an employer enrolls and agrees to a labor peace election for labor organization representation campaigns. The bill would provide that a labor peace election or a non-labor peace election permits a bargaining unit to summarily select a labor organization as its representative for collective bargaining purposes without using the existing polling place process. Under the bill, a labor peace election would be a mail ballot election and a non-labor peace election would establish a process for the submission of a petition with proof of majority support, subject to certification by the board. Among other provisions, the bill would require 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. By expanding the definition of a crime, this bill would impose a state-mandated local program. This bill would establish a schedule for agricultural employers to indicate to the board whether they agree to a labor peace compact, defined to mean an agreement by the employer to, among other things, make no statements for or against union representation to its employees or publicly, in any written or oral form, at any time during employee hire, rehire, or orientation, or after certain documents regarding organization are filed with the board. The bill would prohibit a labor peace compact from prohibiting an employer from communicating truthful statements to employees regarding workplace policies or benefits, as specified. The bill would require 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. This bill would repeal the above provisions on January 1, 2028. 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.
- Who sponsors AB 2183?
- AB 2183 is sponsored by Bryan, Isaac G. (Democratic), Kalra, Ash (Democratic), Reyes, Eloise Gómez (Democratic), Aguiar-Curry, Cecilia M. (Democratic), Arambula, Joaquin (Democratic), Bennett, Steve (Democratic), Berman, Marc (Democratic), Bonta, Mia (Democratic), Calderon, Lisa (Democratic), Cervantes, Sabrina (Democratic), Friedman, Gabriel, Jesse (Democratic), Gipson, Mike A. (Democratic), Holden, Jones-Sawyer, Lee, Alex (Democratic), Low, Maienschein, McCarty, Medina, Mullin, Quirk, Ramos, James C. (Democratic), Rivas, Robert (Democratic), Salas, Santiago, Ting, Ward, Christopher M. (Democratic), Weber Pierson, M.D., Akilah (Democratic), Wicks, Buffy (Democratic), Wood, Becker, Josh (Democratic), Cortese, Dave (Democratic), Durazo, Maria Elena (Democratic), Hueso, Kamlager, Leyva, Limón, Monique (Democratic), McGuire, Mike (Democratic), Newman, Skinner, Stern, Henry I. (Democratic), Wieckowski, Wiener, Scott D. (Democratic), Garcia, Robert (Democratic), Carrillo, Juan (Democratic), Gonzalez, Jeff (Republican), and Mark Stone.
- What is the current status of AB 2183?
- This bill has been enacted into law. Introduced February 15, 2022. Enacted.
- Where can I track AB 2183?
- Track AB 2183 free on One Click Politics — get push/email alerts when it moves.
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