BILL NUMBER: AB 561	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Campos

                        FEBRUARY 24, 2015

   An act to amend Section 1149 of, and to add Sections 1149.3 and
1164.6 to, the Labor Code, relating to agricultural labor relations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 561, as introduced, Campos. Agricultural labor relations.
   (1) The Alatorre-Zenovich-Dunlap-Berman Agricultural Labor
Relations Act of 1975 regulates employer-employee relations in
agriculture. The act, among other things, prohibits agricultural
employers and employees from engaging in unfair labor practices, as
defined, and empowers the Agricultural Labor Relations Board to
prevent any person from engaging in those practices. The act provides
for a general counsel of the board, and grants the general counsel
final authority with respect to the investigation of charges and
issuance and prosecution of complaints regarding unfair labor
practices.
   This bill would grant the general counsel primary authority with
respect to the calculation and litigation of makewhole awards,
backpay calculations, and other monetary awards in compliance
proceedings before the board, as specified. The bill would require
the board and general counsel, within one year of an order of the
board finding liability for a makewhole award, backpay calculation,
or other monetary award, to process any compliance decision
concerning the award to final board order.
   (2) The act grants employees the right to 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. The act, if certain
conditions are met, requires the employer and exclusive bargaining
representative to engage in mandatory mediation and conciliation of
their issues, and authorizes both parties to appeal orders of the
board based on this mandatory mediation and conciliation, as
specified.
   This bill would require an employer who appeals or petitions for a
writ of review of an order of the board to post a bond in the amount
of the entire economic value of the order, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1149 of the Labor Code is amended to read:
   1149.  There shall be a general counsel of the board who shall be
appointed by the Governor, subject to confirmation by a majority of
the Senate, for a term of four years. The general counsel shall have
the power to appoint  such   those 
attorneys, administrative assistants, and other employees as
necessary for the proper exercise of his  or her  duties.
The general counsel of the board shall exercise general supervision
over all attorneys employed by the board (other than administrative
law officers and legal assistants to board members), and over the
officers and employees in the regional offices.  He 
 The general counsel  shall have final authority, on behalf
of the board, with respect to the investigation of charges and
issuance of complaints under Chapter 6 (commencing with Section 1160)
of this part, and with respect to the prosecution of  such
  those  complaints before the board.  He
  The general counsel shall have primary authority with
respect to the calculation and litigation of makewhole awards,
backpay calculations, and other monetary awards to employees in
compliance proceedings before the board, and may be relieved of this
primary authority upon application by a charging party and a finding
by the board that   the general counsel has been negligent
in his or her duties or has unreasonably delayed in processing or
litigating the makewhole award, backpay calculation, or other
monetary award. The general counsel  shall have  such
  those  other duties as the board may prescribe or
as may be provided by law. All employees appointed by the general
counsel shall perform their duties in an objective and impartial
manner without prejudice toward any party subject to the jurisdiction
of the board. In case of a vacancy in the office of the general
counsel, the Governor is authorized to designate the officer or
employee who shall act as general counsel during such vacancy, but no
person or persons so designated shall so act either (1) for more
than 40 days when the Legislature is in session unless a nomination
to fill  such   that  vacancy 
shall have   has  been submitted to the Senate, or
(2) after the adjournment sine die of the session of the Senate in
which  such   the  nomination was
submitted.
  SEC. 2.  Section 1149.3 is added to the Labor Code, to read:
   1149.3.  Within one year of an order of the board finding
liability for a makewhole award, backpay calculation, or other
monetary award to employees, the board and general counsel shall
process any compliance decision concerning the award to final board
order.
  SEC. 3.  Section 1164.6 is added to the Labor Code, to read:
   1164.6.  An employer who petitions for a writ of review in the
court of appeal or the California Supreme Court or otherwise appeals
or seeks to overturn or stay an order of the board shall post a bond,
in the amount of the entire economic value of the order as
determined by the board, to ensure that employees receive the
benefits of the order if the employer does not prevail. The board
shall reasonably determine the entire economic value of the order
based on submissions from the parties.