BILL ANALYSIS Ó
Senate Committee on Labor and Industrial Relations
Ted W. Lieu, Chair
Date of Hearing: June 29, 2011 2011-2012 Regular
Session
Consultant: Gideon L. Baum Fiscal:Yes
Urgency: No
Bill No: AB 1313
Author: Lara
Version: As Amended May 27, 2011
SUBJECT
Employment: agricultural workers.
KEY ISSUE
Should the Legislature require the Agricultural Labor Relations
Board (ALRB) to post information on open cases being
investigated by the Board?
PURPOSE
To require the posting of information on open cases being
investigated by the ALRB on the board's website.
ANALYSIS
Existing law provides the right for agricultural workers
self-organization, to form, join, or assist labor organizations,
to bargain collectively through representatives of their own
choosing, and to engage in other concerted activities for the
purpose of collective bargaining or other mutual aid or
protection, and shall also have the right to refrain from any or
all of such activities. (Labor Code § 1152)
Existing law provides for a secret ballot election process for
agricultural workers where a petition has been submitted, as
specified, asking for the opportunity for workers to decide
whether to select a particular union as their collective
bargaining representative. (Labor Code § 1156.3)
Existing law provides for the Agricultural Labor Relations Board
(ALRB), a 5 person board which has the duty to oversee secret
ballot elections to select a particular union as their
collective bargaining representative and to prevent any person
from engaging in any unfair labor practice, as defined by the
Labor Code. (Labor Code §§ 1141, 1156.3 & 1160)
Existing law requires that the ALRB must, at the close of each
fiscal year, make a report in writing to the Legislature and to
the Governor stating in detail the cases it has heard, the
decisions it has rendered, the names, salaries, and duties of
all employees and officers in the employ or under the
supervision of the board, and an account of all moneys it has
disbursed. (Labor Code § 1143)
This bill would additionally require that the ALRB and the
board's general counsel publish on the ALRB 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 anticipated timeline for resolution of the case.
COMMENTS
1. Need for this bill?
As was discussed above, Labor Code § 1143 requires the
Agricultural Labor Relations Board (ALRB) to annually report
to the Legislature and the Governor on the cases heard,
decisions rendered, the names salaries, and duties of all
employees and officers under the supervision of the ALRB, and
an account of moneys it has disbursed. The Board's annual
report is published online at www.alrb.ca.gov. This website
has been in existence at least since 2000.
Hearing Date: June 29, 2011 AB 1313
Consultant: Gideon L. Baum Page 2
Senate Committee on Labor and Industrial Relations
Currently, the ALRB is not required to include in the annual
report any information on open cases involving labor
representative elections or unfair labor practices. AB 1313
would require that information on open cases being
investigated by the ALRB is provided on their website,
including the name and nature of the case, the date it was
opened, and the anticipated timeline for the resolution of the
case.
2. Summary of the 2009-10 ALRB Annual Report:
The 2009-10 ALRB Annual Report states that the general
counsel's office completed the investigation and disposition
of 197 Unfair Labor Practices 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.
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."
3. Proponent Arguments :
The author argues that, while existing law requires the
Agricultural Labor Relations Board (ALRB) to file an annual
report on the Board's activities to the Legislature and the
Governor, existing law isn't sufficient to ensure
transparency. The author believes that AB 1313 will provide
the necessary transparency to show how the Board is completing
their mission and protecting the rights of those involved with
agricultural labor representation elections.
4. Prior and Current Legislation :
SB 104 (Steinberg), which was heard by this Committee on March
Hearing Date: June 29, 2011 AB 1313
Consultant: Gideon L. Baum Page 3
Senate Committee on Labor and Industrial Relations
9th of this year, would establish an alternative election
procedure by which agricultural employees could decide whether
to select a particular labor organization to represent them
for collective bargaining purposes. As of the writing on this
Analysis, it is pending before Governor Brown for a signature.
SB 1474 of 2010, as introduced, was very similar to SB 104.
It was significantly amended in the Assembly to address
situations where agricultural employers engaged in willful
misconduct in labor representation elections. SB 1474 was
vetoed by Governor Schwarzenegger.
SUPPORT
None on file.
OPPOSITION
None on file.
Hearing Date: June 29, 2011 AB 1313
Consultant: Gideon L. Baum Page 4
Senate Committee on Labor and Industrial Relations