BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1313|
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THIRD READING
Bill No: AB 1313
Author: Lara (D)
Amended: 8/30/11 in Senate
Vote: 21
SENATE LABOR & INDUSTRIAL RELATIONS COMM. : 5-1, 6/29/11
AYES: Lieu, DeSaulnier, Leno, Padilla, Yee
NOES: Wyland
NO VOTE RECORDED: Runner
SENATE APPROPRIATIONS COMMITTEE : 6-3, 8/25/11
AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
NOES: Walters, Emmerson, Runner
ASSEMBLY FLOOR : 51-27, 6/2/11 - See last page for vote
SUBJECT : Employment: agricultural workers
SOURCE : Author
DIGEST : This bill requires the Agricultural Labor
Relations Board to post information on open cases being
investigated by the Board.
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
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also have the right to refrain from any or all of such
activities.
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.
Existing law provides for the Agricultural Labor Relations
Board (ALRB), a five 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.
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 ALRB, and an account
of all moneys it has disbursed.
This bill may make available to general public, as to each
open case, including unfair labor practices changes, the
name of the case and the date the case was opened.
Comment
As was discussed above, Labor Code Section 1143 requires
the 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 monies it
has disbursed. The Board's annual report is published
online at www.alrb.ca.gov. This Web site has been in
existence at least since 2000.
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. This
bill requires that information on open cases being
investigated by the ALRB is provided on their Web Site,
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including the name and nature of the case, the date it was
opened, and the anticipated timeline for the resolution of
the case.
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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
Case information posting Negligible costs
annuallyGeneral
requirement
ASSEMBLY FLOOR : 51-27, 6/2/11
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes,
Furutani, Galgiani, Gatto, Gordon, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Lara, Bonnie
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Lowenthal, Ma, Mendoza, Mitchell, Monning, Pan, Perea, V.
Manuel Pérez, Portantino, Skinner, Solorio, Swanson,
Torres, Wieckowski, Williams, Yamada, John A. Pérez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Fletcher, Beth Gaines, Garrick, Grove, Hagman, Halderman,
Harkey, Jeffries, Jones, Knight, Logue, Mansoor, Miller,
Morrell, Nestande, Nielsen, Norby, Olsen, Silva, Smyth,
Valadao, Wagner
NO VOTE RECORDED: Gorell, Hall
PQ:do 8/30/11 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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