BILL ANALYSIS Ó
AB 1313
Page 1
Date of Hearing: May 18, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1313 (Lara) - As Amended: March 31, 2011
Policy Committee: Labor and
Employment Vote: 5-1
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill requires the Agricultural Labor Relations Board (ALRB)
and its general counsel to publish on its Internet website the
following information regarding each open case, including unfair
labor practices charges:
1)The name of the case.
2)The nature of the case.
3)The date the case was opened.
4)The status of the case.
5)The expected developments of the case.
6)The anticipated timeline for resolution of the case.
FISCAL EFFECT
Annual costs of $165,000 to the ALRB implement the requirements
of this measure.
COMMENTS
1)Rationale . Existing law requires the ALRB, at the close of
each fiscal year, to provide a written report to the
Legislature and the governor regarding the following: (a) the
cases it heard; (b) the decisions it rendered; (c) the names,
salaries and duties of all employees under its supervision;
and an account of moneys it has disbursed.
According to the author, "ÝThis bill] will provide additional
public transparency of vital information on how government is
working for those it was meant to protect."
AB 1313
Page 2
2)Existing law establishes the Agricultural Labor Relations Act
(ALRA), which delineates the rights of California farm
workers. The ALRA states it is the policy of the state to
protect the right of farm workers to act together to help
themselves; to engage in union organizational activity; and to
select their own representatives for the purpose of bargaining
with their employer for a contract covering their wages,
hours, and working conditions.
Statute establishes the ALRB as the agency that administers
the ALRA, including overseeing the method by which
agricultural workers may select a union or other
representative to bargain with their employer and conducting
secret ballot elections to determine worker representation.
The ALRB is also authorized to investigate, process, and take
to trial employers or unions who engage in unfair labor
practices (ULP), as defined by statute.
3)Summary of 2009-10 ALRB Legislative Report . The report
documents that the general counsel's office completed the
investigation and disposition of 197 ULP charges. Over the
course of the year, 70 charges were withdrawn after
investigation, 84 were dismissed for lack of a prima facie
case, 20 were settled and 23 were included in complaints.
These figures represent a disposition of 73% of new (105) and
pending (168) ULP charges in the 2009-10 fiscal year (FY).
The report also states: "The board issued decisions in nine
cases and released 23 Administrative Orders. During the
2009-10 FY, board decisions increased by 50% (six were issued
in FY 2008-09) and Administrative Orders increased 53% (15
were issued in FY 2008-09). Board staff also conducted three
representation elections, issued three certifications,
released three cases for compliance, and achieved monetary
remedies exceeding $135,000 for 51 aggrieved workers."
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081
AB 1313
Page 3